Maritime claims arise when incidents happen on navigable waters. Most of these claims involve multiple parties. Under certain circumstances, maritime or admiralty law applies to accidents on land, such as the dock.
Different types of claims exist in the admiralty law:
• Cargo loss and damage
• Injury to crew members or passengers
• Environmental damage
• Collision between vessels
A maritime personal injury claim is complicated because of the federal regulations and other rules that govern the process. State laws are sometimes used for instances not covered by federal laws.
Like in other accidents, victims are entitled to compensation after an incident. Let’s look at the steps involved in an average maritime claim.
The first step of a maritime claim is the accident. This could be a vessel colliding with another or a crew member getting injured at sea. After an incident, immediate actions should be taken, such as:
• Taking photographs for the sake of evidence
• Gathering witness statements
• Reporting the incident to the authorities
• Getting medical assistance for anyone injured
The crew members and the captain play a central role in this process. They must ensure proper measures are followed.
The party who sustained injuries should file a maritime claim. For example, the owner can file a claim against the shipowner if the cargo is damaged during shipment. It is crucial to have all the proper documentation, including a bill of lading, proof of injury, and official reports of the incident.
Typically, there are deadlines depending on the accident. The Jones Act defines the statute of limitations for injury claims as three years from the date of injury. This also applies to a wrongful death claim.
In case of cargo damage or loss under COGSA (Carriage of Goods by Sea Act), the statute of limitations lapses after one year. Hire a qualified attorney to help you understand the requirements.
Once a claim is filed, the investigation process begins. Legal teams, insurance adjusters, and even marine surveyors start looking into the incident by:
• Inspecting the vessel
• Reviewing witness statements
• Analyzing documents to determine liability
For instance, if cargo was damaged, a marine surveyor will investigate whether it was caused by poor loading or rough seas. Investigators will determine whether the proper safety measures were followed in personal injury cases.
After the investigation, parties attempt to settle the claim without going to court through negotiation and arbitration. These negotiations involve lengthy discussions, with most insurance companies aiming to minimize liability. If they reach an agreement, an offer is drawn, and a payout is issued.
Not all negotiations are resolved and settled smoothly. Sometimes, parties go to court. Maritime claims fall under federal district court jurisdiction, which is called admiralty courts.
Each side presents evidence and arguments to support their case during the litigation process. This is where the essence of a good lawyer comes into play.
In personal injury claims, the plaintiff’s legal team must prove the vessel was unseaworthy, while the defense tries to prove a victim’s negligence. The court will use maritime law, such as the Jones Act and LHWCA, to make a decision.
Step 6: Ruling and Payment of ClaimsThe court issues a ruling based on the evidence presented and arguments made. The ruling could include financial compensation for damaged cargo, lost wages, and medical expenses.
However, sometimes, parties may decide to settle outside court even after litigation begins to avoid legal proceedings. Although payment of claims can take time, compensation is always awarded to the affected parties.
Handling a maritime claim can be lengthy, tedious, and time-consuming. Many steps are involved before issuing a settlement, which can frustrate victims. Each step should be carefully handled as insurance companies are out to protect their interests and minimize liability.
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