Rountree Losee ’ randomness attorneys are widely recognized as possessing significant experience in the field of Admiralty and Maritime Law. Our attorneys regularly represent vessel owners, vessel passengers, barge lines, fleeters, shippers, and parties involved in cargo transportation. Our attorneys have extensive know dealing with collision claims, allision claims, personal injury claims, shipping contracts, and fleeting claims. Our personal injury experience includes defense and prosecution of claims brought under the General Maritime Law of the United States, the Jones Act, and the Longshore and Harbor Workers ’ Compensation Act. When your claim occurs in the Admiralty and Maritime Law context, trust our Admiralty & Maritime Law attorneys to put their experience to work for you .
About Maritime Law
admiralty and Maritime is a building complex area of law that demands a wealth of cognition and experience from the start. The legislative act of limitations for these cases depends on the nature of the claim, and because these cases can be heard in state or federal motor hotel, it is crucial to determine early whether your casing falls under admiralty jurisdiction so that your claim is filed in the appropriate venue where nautical law can be properly applied .
If you have a case that may fall within admiralty jurisdiction, you need an experience admiralty and maritime lawyer. A professional who focuses on this area of law is better positioned to represent your interests .
What is maritime law?
The general term “ nautical police ” covers legal issues that arise in navigable waters. besides known as admiralty jurisprudence, nautical jurisprudence is made up of both domestic and international laws that govern legal transactions or disputes that occur on or bear a significant relationship to the water. Maritime law governs issues ranging from commerce to transportation system, personal injuries, and more.
Because each country has enacted its own sets of rules about nautical matters, maritime law includes laws from the United States and abroad, adenine well as conventions and treaties. The United Nations has empowered the militaries of participating countries to monitor, preserve, and enforce maritime law and orderliness in external waters through the International Maritime Organization, or IMO .
Who has jurisdiction over maritime law cases?
Most maritime cases are heard in federal woo. Article III of the U.S. Constitution provides for the judiciary to have admiralty and nautical legal power, and the Judiciary Act of 1789 award zone courts master jurisdiction over civil admiralty and maritime cases. however, because admiralty and nautical matters were not defined in either the Constitution or Judiciary Act, federal courts bore the duty for establishing which cases fell under admiralty legal power .
broadly, admiralty legal power exists for all cases involving acts committed on the high seas or early navigable waters in cases relate to contracts or other transactions pertaining to commerce on the seas or navigable waters. Tort cases involve what is called a “ maritime nexus ” to determine if the case falls under admiralty legal power. For admiralty jurisdiction to apply, the act at issue must have taken place on navigable waters, and the leave injury must have a significant kinship with traditional nautical natural process with the likely to disrupt nautical commerce .
While federal courts hold original jurisdiction over maritime matters in the United States, state courts contribution coincident jurisdiction with the federal courts over most nautical and admiralty cases. This means that, broadly speaking, parties may file suit in either federal or department of state court for disputes arising on the high seas. however, there are a few singular cases in which the law requires federal jurisdiction .
even if parties choose to file courtship in submit court, judges tend to apply federal nautical laws, peculiarly when the country law would contradict a settle admiralty rule. For example, federal maritime law allows seamen to sue more than one party for injuries whereas most state laws do not permit joint and respective indebtedness. To ensure you file in the allow court, it is crucial to work with an feel nautical lawyer who understands the complexities of nautical jurisprudence .
What is the Jones Act?
The Jones Act is a federal law that governs maritime issues related to offshore commerce. This includes the rights of crew members aboard the embark, maintenance requirements, and shipping operations. When non-professional actions by a colleague, unseaworthy vessels, or other insecure work conditions result in injury or death, the Jones Act allows the hurt party or the hurt party ’ s family to file a personal injury title.
Employers are normally liable for damages when seamen are injured ; however, under the Jones Act, seamen carry the load of proving that the employer played a character in causing the accident that resulted in injury. There is a three-year legislative act of limitations for claims brought under the Jones Act, which means a lawsuit must be filed within three years of the date of the injury or harm .
Seamen may be eligible to recover damages for lost wages, medical expenses, pain and agony, and lost gain capacitance. however, merely those seamen or crew members who were injured during offshore workplace may file a claim under the Jones Act .
What type of cases are governed by maritime law?
Accidents or legal transactions that occur on the urine are governed by maritime police. Lawsuits arising from injuries to crew members or passengers, damaged property claims after an accident, and even intersection liability claims are governed by nautical law. Accidents involving boats, ferries, and cruise ships vitamin a well as recreational water accidents related to parasailing or jet skis and any relate lawsuits are governed by maritime law .
Maritime law besides controls narrow cases related to the water. These cases may include, for example, lawsuits brought by seamen to recover wages, actions related to towage or pilotage charges, policy claims, and other contractual disputes and transactions .
What is the Longshore and Harbor Workers’ Compensation Act?
Unlike the Jones Act, the Longshore and Harbor Workers ’ Compensation Act ( LHWCA ) protects onshore workers. Under this federal law, nautical employers are required to compensate workers who are injured during employment on or around navigable waters. Any worker employed in a nautical occupation is eligible for worker ’ s recompense under the Act unless the injured proletarian is eligible for state benefits and compensation .
Under LHWCA, workers may receive sixty-six and two-thirds percentage of their hebdomadally wages for the duration of recovery following a work-related injury. The Act besides provides for compensation for lost gain capacity due to permanent disabilities and loss of limbs and organs. Further, widows may receive approximately one-half of their deceased spouse ’ south give.
Read more: What is the Maritime Industry?
There is a annual codified of limitations for claims filed under LHWCA, which tolls twelve months from the date on which the employers stops providing recompense and benefits or denies the hurt party ’ s request for such payments. To ensure your claim is filed timely, you should consult a maritime lawyer promptly .
What is Admiralty Court?
Admiralty Court is a court that has legal power over admiralty and nautical cases. While once a separate entity within the court system, today courts with legal power over a event may be designated as an admiralty court to hear a particular admiralty case. In the United States, because union courts and country courts share coincident jurisdiction for nautical jurisprudence, either is considered an admiralty court for the duration of any nautical subject .
For more information about maritime cases or to discuss your case with an know nautical lawyer, contact our firm .
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