Have you been injured in a maritime accident near Jacksonville, Florida? Call Baggett Law Personal Injury Lawyers at (904) 396-1100. You may have the right to recover monetary benefits under Federal law and/or sue for damages in a civil lawsuit. Working with our experienced Jacksonville maritime accident lawyers can help you win your case and maximize your financial recovery.
Our firm has been a trusted advocate for injured maritime workers and families in Jacksonville for over a decade. Backed by over 100 years of combined legal experience, our award-winning Florida trial lawyers have helped clients recover tens of millions in damages.
Contact our Jacksonville maritime accident attorneys to discover how we can help you maximize your maritime injury settlement. Your consultation is free.
Why Choose Baggett Law Personal Injury Lawyers to Handle Your Maritime Accident Claim in Jacksonville, FL
Since both state and federal law can apply, maritime accident litigation in Jacksonville, FL, can be incredibly complicated. If you want to maximize your recovery, hiring an experienced Jacksonville personal injury lawyer will be essential to help you navigate the process.
Maritime workers in Jacksonville trust Baggett Law Personal Injury Lawyers because we’re nationally acclaimed civil litigators recognized as:
- Super Lawyers
- Top 100 Civil Plaintiff Trial Lawyers in Florida by National Trial Lawyers
- Legal Elite by Florida Trends, and
- AV Preeminent lawyers by Martindale-Hubbell.
We’ve also received the Martindale-Hubbell 2021 Platinum Client Champion Award because of our client-focused legal representation and proven ability to win high-stakes cases.
Our team has an in-depth knowledge of federal maritime law that can give you a huge advantage throughout the claims process. When you ask for our help, we’ll take charge of your fight for compensation so that you have the time you need to rest and recover.
There’s limited time to pursue compensation for your maritime accident injuries, so contact us for a free consultation with a Jacksonville personal injury attorney today.
What is a Maritime Accident?
Maritime means “related to the sea,” so maritime accidents are accidents related to activities at sea.
Florida’s maritime industry – which includes commercial fishing, oil and gas exploration, and marine construction – leads the nation, which isn’t surprising since the state has more than 1,300 miles of coastline along the Atlantic Ocean and the Gulf of Mexico.
At Baggett Law Personal Injury Lawyers, we proudly represent workers and families in cases involving all types of maritime accidents, including:
- Commercial fishing accidents
- Cruise ship accidents
- Oil tanker accidents
- Oil rig accidents
- Diving support vessel accidents
- Barge accidents
- Tugboat accidents
- Cargo ship accidents
- Dredging accidents
- Shipyard accidents
- Port accidents
- Shipbuilding accidents
If you’re one of Florida’s thousands of maritime workers and get hurt on the job, it’s essential to consider your legal rights and options. Florida law and federal maritime laws offer certain protections, which can include the ability to recover compensation for your medical bills, lost wages, and in some situations, harder-to-value pain and suffering.
How Much is My Maritime Accident Case Worth?
The potential value of your maritime injury case will depend on a lot of different factors:
- What’s your job?
- What type of maritime accident were you involved in?
- Were you injured at sea or on land?
- What types of injuries did you suffer?
- Can you still work?
- Has your earning capacity changed?
- Are you partly to blame for the maritime accident?
All of these things can affect which federal maritime laws might offer protection, what types of benefits you can recover if you win your legal claim, and how much money you might be able to receive when your maritime injury claim is resolved.
What Maritime Laws Might Protect Me After an Accident off the Coast of Florida?
While Florida law can offer some protections when you get hurt in a maritime accident, the state’s jurisdiction only extends nine nautical miles off the coast. Fortunately, many maritime operations fall under federal jurisdiction. Whether you work on board a vessel that travels international waters, on an oil rig, or on a port or dock on the Florida coast, different federal laws can potentially protect you and offer opportunities to receive compensation for your losses.
Jones Act
The Jones Act, or the Merchant Marine Act of 1920, applies solely to seamen. Seamen are maritime workers who work in support of a navigable vessel and spend at least 30 percent of their time on board a vessel.
A navigable vessel is currently capable of traveling through navigable bodies of water, such as rivers, lakes, oceans, or other bodies that facilitate commerce or recreational activities.
Examples of workers who are typically protected by the Jones Act include:
- Crewmembers on commercial fishing boats, cruise ships, and tankers
- Cruise ship workers
- Marine construction workers
- Merchant mariners
- Deckhands
- Engineers
- Cooks, plumbers, and handymen
- Pile drivers
- Captains
Under the Jones Act, an injured worker might be able to recover maintenance and cure benefits to cover medical bills and living expenses during their recovery. Alternatively, a seaman can have the right to sue their employer if their maritime accident was the result of an unseaworthy vessel or their employer’s negligence.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) is a federal workers’ compensation system that protects most of Florida’s maritime workers. This includes workers who don’t spend time onboard navigable vessels, but work in support of them on a terminal, dock, or pier.
Examples include:
- Longshoremen
- Dock workers
- Shipbuilders
- Crane operators
- Harbor construction workers
If you’re not covered by the Jones Act, there’s a good chance that you’ll have the right to recover benefits through a claim under the LHWCA.
Benefits can include money for:
- Medical bills
- Lost wages
- Permanent disability
- Vocational training
- Rehabilitation
Like maintenance and cure benefits under the Jones Act, LHWCA benefits only account for your economic losses. Even then, benefits are limited in scope and amount. If you want to recover additional compensation, you may have to consider filing a civil tort action under Florida state law, which could allow you to seek unlimited damages for your economic losses and harder-to-value non-economic losses for pain and suffering.
Outer Continental Shelf Lands Act
Under the Outer Continental Shelf Lands Act, LHWCA benefits are extended to workers in the United States’ outer continental shelf area. The OCSLA also circumvents the need to work on board or in support of a navigable vessel, which allows oil rig workers to qualify for benefits.
Can I Recover Compensation For a Maritime Accident If I’m Partly to Blame?
Maybe—it will depend on what law(s) you use to seek compensation.
The following benefits can be paid in full regardless of shared fault:
- Maintenance and cure benefits under the Jones Act
- LHWCA benefits
However, contributory negligence may be a factor if you file a civil lawsuit under the Jones Act or Florida state law. In these situations, your damages are typically reduced proportionately to your fault up to 50 percent. So, if you sought $100,000 in damages but were assigned 20 percent of the blame for your maritime accident, your financial recovery could be limited to $80,000.
Working with an experienced Florida maritime accident attorney in Jacksonville can help to protect you against claims of shared fault and ensure you’re in a position to recover maximum compensation for your injuries.
What Does it Cost to Hire a Maritime Accident Attorney in Jacksonville, FL?
Choosing Baggett Law Personal Injury Lawyers means no added stress. Our Jacksonville personal injury attorneys represent injured maritime workers on a contingent basis.
We don’t get paid until we win compensation for your maritime injury case. When we win, our fees and other case-related expenses are deducted from your financial recovery. Depending on the type of claim, you can usually expect an attorney to receive between 33 percent and 40 percent of your award.
How Long Do I Have to File a Maritime Injury Claim in Florida?
Different time limits apply to different types of maritime injury claims:
- Jones Act claims: typically three years from the date of injury
- LHWCA claims: generally, one year from the date of injury
- Florida law (personal injury claims): usually two years from the date of personal injury or wrongful death
You typically must file your claim within the applicable statute of limitations, or you could lose the ability to recover compensation from a federal agency, insurance company, and/or negligent party.
There could also be exceptions or much shorter deadlines to report your injury to your employer initially, so it’s critical to consult with a Jacksonville maritime accident attorney as soon as possible.
Contact Our Jacksonville Maritime Accident Lawyer for a Free Consultation
Don’t struggle with the consequences of a recent maritime accident near Jacksonville, Florida, on your own. Take a stand and assert your rights under state and federal law. Better yet, focus on your recovery and trust Baggett Law Personal Injury Lawyers to fight for your best interests.
Our Jacksonville maritime accident lawyers are experienced and successful advocates with a proven track record. We’re known as fierce legal advocates who aren’t afraid to go above and beyond to make a difference in the lives of each person we represent.
Now, we’re here to help you recover a much-needed monetary award after your maritime accident. Contact us for a free case evaluation. Members of our Jacksonville law office are available to take your call 24 hours a day.
