Maritime Lawyer

Proving Your Maritime Injury Case - Legal Help is a Good Idea

If you work at sea, you understand every day how dangerous these types of duties can be. Ships are built to handle the changing tides and forces of the sea, but not all of them stand up to that test, and even if they do, the sea can still present problems that simply cannot be overcome without paying a significance price in an effort to do so.

If you have been injured while working at sea, you do have a statute in place that will help you protect and assert your rights. However, proving the fact that justice requires a recovery is no small matter, and one that requires several specific offers of proof before a case will wind up being successful. If you would like an individualized set of answers for your situation, contact a maritime lawyer at Williams Kherkher today to schedule a free initial consultation. In the meantime, below you'll find a brief overview of what you'll need to prove in this type of case.

The Case

These situations are more easily explained if they're presented within a context of facts. Therefore, let's assume that Mr. Smith is working on a ship, and that the deck boards on this ship have become warped and severely worn. Mr. Smith is walking on the deck one day when one of the deck boards comes loose, springs upward, and hits Mr. Smith in the head, leading to a fractured skull that will prevent him from working for an undetermined amount of time.

The Proof

Even though Mr. Smith would likely be entitled to 'cure and maintenance' payments under the Jones Act while his claim proceeds, which means that basic expenses will be covered, it won't change the elements that need to be proven in order for Mr. Smith's ultimate claim to be successful. Below are the elements that Mr. Smith does need to prove in order to be entitled to any recovery of damages:

• Duty - Mr. Smith must prove that the employer owed him a duty of care, which can be shown by the fact that he was employed by the company at issue;


• Breach of Duty - Mr. Smith must prove that the defendant breached this duty by proving that the ship was not 'sea-worthy' under the guidelines set out by the Jones Act;


• Causation - Mr. Smith must show that the breach of duty, in this case the faulty deck boards, directly or indirectly led to his injuries. This is an extremely complicated element to prove;


• Damages - Mr. Smith must finally show that he suffered actual damages, or else there can be no viable claim.

As you see, this is a matter that requires knowledge and experience of the law and trial strategy. If you need to recover for injuries suffered while working at sea, contact a maritime lawyer at Williams Kherkher today to schedule a free initial consultation.