Full Answer
Why do insurance companies settle Jones Act cases?
Settlements are common in Jones Act cases, and for a good reason: insurance companies and injured plaintif fs don't want to risk a trial. A trial is costly for both parties, and you can never predict how a jury will view your case. While one jury may award an injured plaintiff large damages for their injuries, another may award half as much or none at all. However, hiring experienced Jones Act attorneys will insure that your case is presented to the jury in the best possible light in order to achieve the best possible outcome.
Is there a no fault system for workers compensation?
Workers' compensation is a no-fault system meaning that you do not have to prove that your employer was negligent. Seamen — a legal term that describes virtually anyone who works predominantly on the water — fall under an entirely separate branch of personal injury law called the Jones Act which requires injured employees to prove that their employer was negligent in order to recover for their injuries.
Can plaintiffs and defendants agree on a settlement?
In rare cases, plaintiffs and defendants cannot agree on a settlement, and a Jones Act case goes to trial. That's why you need experienced trial lawyers with a history of success even if your case is likely to be settled out of court.
How much compensation did the ferry workers get in 2008?
In 2008, three Washington State ferry workers received over $1.1 million in compensation after a 2004 incident where they were exposed to chlorine gas while they were cleaning the ferry Tacoma.
What happened to the seaman on the Cape Jacob?
In 2013, a seaman received a $2 million settlement after suing the federal government under the Jones Act. The seaman was injured while working aboard the SS Cape Jacob, a break bulk cargo ship operated by Matson Navigation in support of U.S. military operations overseas.
What happened to the plaintiff in the scallop dredge?
Plaintiff fell in the area where the scallop dredge lands and that is the one area of the deck where there is no non-skid surface. As a result of the fall, Plaintiff sustained a mild traumatic brain injury which causes continuous dizziness, nausea to cognitive issues and prevents Plaintiff from working and limits his activities.
What happened to the plaintiff in the boat accident?
As a result of the fall, the plaintiff broke numerous bones in his body, suffered a variety of internal injuries with damage to various organs and was diagnosed with a severe traumatic brain injury with severe frontal lobe injury.
What boat was the plaintiff on?
Plaintiff was a crew member on a scallop boat, the F/V NASHIRA. On the evening of the plaintiff’s injury, the work deck was mostly full of scallops. After a pile of scallops was dumped on the deck, the captain then lowered the dredge down on top of the pile of scallops with the cutting bar and bail approximately the height of the rail...
What did Plaintiff do in the lower pipe tunnel?
Plaintiff descended the ladder from the engine room, tested the aft bilge alarm, walked the length of the pipe tunnel, checked the port side escape trunk, tested the forward bilge alarm and then proceeded to climb up the ladder to the starboard escape trunk, where she recei…
How old was the plaintiff on the M/V Eagle?
At the time of his injury, the plaintiff was a 46-year-old seaman employed by the defendant as an able bodied seaman on the passenger ferry M/V EAGLE. The plaintiff injuries occured after he was struck in the hip by a wooden stick being swung by a fellow crew member who was fighting with a third crew member.
What did the plaintiffs argue about the lobster trap?
The plaintiff contended that the defendant was negligent in failing to provide a safe place to work. Additionally, the defendant was negligent in that the crew members failed to properly slide the lobster trap to the plaintiff in that they threw it. Throwing the trap was against standard operating procedure. The case settled prior to trial for an injury compensation of $307,000.
What injuries did the plaintiff suffer from?
As a result of the fall, Plaintiff sustained a mild traumatic brain injury which causes continuous dizziness, nausea to cognitive issues and prevents Plaintiff from working and limits his activities.
Injuries on The Job
Filing A Claim
- Taking those steps after being injured is so crucial because many injured workers will face an employer or employer’s insurance company that refuses to pay out. In fact, many employers will try to get workers to settle for a small amount and to sign away their rights to sue later for more damages. If you have been hurt it is essential that you take action quickly to get medical care an…
Finding A Maritime Lawyer
- Getting a good maritime lawyeris crucial when you have been injured and are considering filing a claim. You can do it all yourself, but you likely don’t have the expertise to get through the process without making mistakes and to get all the compensation you are owed. Whether your case goes to trial or not, a lawyer will know what steps to take, how to file, what forms are necessary, and c…
Settlement Or Trial?
- If your claim makes it to the settlement stage, your lawyer will try to get you the maximum compensation. You always have the right, however, to reject a settlement and to take your case to trial. You have to weigh the likelihood of a judge or jury sympathizing with you against your employer with the amount your employer is guaranteeing you will get in a settlement. It is a toug…