Maritime Attorneys

The Unique Challenges of Maritime Law

Maritime law is unlike any other body of law in the United States. Though it provides certain avenues of recourse for sea workers and employers alike, maritime law also poses serious questions for law practitioners. Not only does a maritime lawyer have to understand the balance of jurisdictions between the federal and state governments, but also the interactions of international laws on the high seas. Furthermore, many maritime cases also require extensive knowledge of non-maritime laws and their relationship to existing maritime statutes. In short, the successful practice of maritime law is a very specific, very complex matter.

Jurisdiction

The US Constitution sets up what is known as a federal system, or a system of government where the federal (or national) government shares power with several state governments. Certain rights and powers are delegated to the national government, while others are reserved to the states. If a federal law impinges on the rights of the state governments, it can be struck down as unconstitutional. Because maritime laws are federal statutes, conflicts over states’ rights are inevitable.

Interpretations of vital constitutional provisions such as the Commerce Clause are thus vital to the practice of maritime law. A maritime lawyer must understand these conflicts and how they may affect your maritime case.

Interactions of Practice Areas

Many issues addressed by maritime law involve several areas of legal expertise. In a maritime contract dispute, i.e., a dispute tied to the operation and/or ownership of a sea vessel, maritime law interacts with contract and business law in complex ways. Determining which law applies in what situation is one of the many unique challenges faced by a maritime attorney.

Personal Injury

A large portion of maritime cases deals with personal injuries. As you may know, personal injury law is an area of legal expertise in itself, with a long list of rules and regulations to navigate. The addition of maritime law only makes the issue even more complicated. Not only can a sea worker be injured on the job, but also suffer injuries as a result of long-term factors (i.e., repetitive stress syndrome, for example). When the injury takes place at sea, a maritime lawyer must also consider the exact location where the injury took place, the nationality of the vessel on which the seaman was employed, and a variety of other factors which may influence the case.

It takes an experienced maritime lawyer to successfully handle the complexities of maritime law. Call Williams Kherkher at 800-220-9341 today for a free initial consultation.