Evidence Considered in Maritime Injury Claims

Have You Suffered a Maritime Injury? You Will Need Evidence to Collect the Financial Compensation You Deserve You may be entitled to financial compensation if you suffered a maritime injury on the job. The Jones Act and other federal laws provide maritime workers with clear legal rights—including the right to “no-fault” compensation in many cases. But, regardless of what rights you have, you will need evidence to collect the financial compensation you deserve. Even if you have a “no-fault” claim under the Jones Act, you will need to prove that you suffered your maritime injury on the job. If you have a fault-based claim against your employer, a vessel owner or another company, you will need additional evidence of negligence or unseaworthiness. Maritime Injury Claims vs. “Ordinary” Personal Injury Claims Collecting evidence for a maritime injury claim and collecting evidence for an “ordinary” personal injury claim on land are very different. Many of the types of evidence used to prove maritime injury claims are unique, and there are unique considerations for collecting evidence in maritime injury cases as well. For example, timing is often a critical factor in maritime injury cases. When an accident happens on a vessel at sea, evidence of the accident can disappear before the vessel gets back to land. Proving liability for an accident that involved hazardous water or weather conditions presents unique challenges as well; and, in many cases, employers and vessel owners will attempt to fix issues before injured workers can gather the evidence [...]

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