"admiralty Law And Vessel Accident Litigation: A Comprehensive Guide"
"admiralty Law And Vessel Accident Litigation: A Comprehensive Guide" - At Patrick Daniel Law, our Houston marine injury attorneys are well-equipped to handle serious marine injury cases that other Houston law firms find too difficult. Houston's marine tort law, also known as admiralty law, is vague and inconsistent. It takes an experienced maritime attorney to identify these conflicts, and we find them in every matter that comes to our Houston law office.
Houston marine workers are at risk in certain sea conditions. In some cases of sea injury, they have certain advantages. But a skilled Houston maritime lawyer will be able to figure it out. So whether you're in Houston, Harris County, Pasadena, Baytown, or the surrounding areas, if you've been injured at sea and need a Houston sea injury attorney, Patrick Daniel Law is here to help. Contact our Houston maritime attorneys for a FREE consultation.
"admiralty Law And Vessel Accident Litigation: A Comprehensive Guide"
Patrick Daniel is an icon in Houston maritime law, with over 20 years of experience in maritime law in Houston, Texas and on the Gulf Coast.
The Most Common Maritime Accidents
Patrick Daniel has argued both sides of marine injury cases and has extensive experience not only in the way Houston marine law cases are handled, but also in the work done at sea by employees of Houston marine companies.
Here is a small list of the types of marine injuries Houston has handled in Texas and elsewhere:
If you have suffered a Houston marine injury similar to the above and would like a free consultation with our Houston marine attorneys or to learn more about our Houston marine legal services, call us at (713) 999-6666 or contact us online.
Houston is more than oil and air. A recent study found that Houston, TX is no. 2 in the nation for ocean-related operations in the transportation of cargo between US ports. Only nearby New Orleans has more workers in the seafood industry. When you include workers at all Texas ports, Texas comes out on top. 3 in the U.S. for cargo transportation between U.S. ports.
Is Maritime Lien An Important Aspect Of Maritime Law?
The Port of Houston includes more than 200 public and private carriers that handle more than 8,200 ships and 215,000 ships annually. Thousands of sailors call the Houston area home.
It should come as no surprise then that Houston has a high number of beach injuries. Sailors who have been injured at sea do not have the same options as workers on land, and often need to hire a Houston marine injury attorney to protect their rights and help them recover from their water losses.
Houston maritime attorneys are numerous and know admiralty law (maritime law) inside out, but knowledge is essential. As a leading maritime injury attorney, founder Patrick Daniel has litigated hundreds of maritime injury cases and his clients have received outstanding assistance.
But this process requires more than a successful lawyer. The job at sea is tough, unforgiving and brutal, and any Houston, Texas attorney looking to represent maritime workers needs to know the job and the law. This is what sets Patrick Daniel Law ahead of other law firms in Houston, Texas. You know the business. He grew up in Louisiana and has 20 years of offshore litigation experience - some on the other side of the courtroom.
What Is International Maritime Law?
There are hundreds of trucking companies here in Houston, and while they say they appreciate their employees and the sacrifices they make, it only takes a trip down a slippery slope or a freight yard to see how much or how little they care.
If you are injured at sea, don't assume that your employer will pay you enough and make sure that your medical expenses are covered. One of the many attorneys in Houston will quickly tell you that the game of football changes dramatically when an injury occurs. Not only that, but the rules are different for sailors and land workers. Defendants in maritime lawsuits try to hide behind maritime law in the hope that the injured party will not find them soon.
For example, Workman's Comp does not apply to personal injury in the lake. But because of the federal Jones Act, sailors have the ability to sue their employers for damages, and employers have a duty to provide good work and maintain their ships to keep them safe and at sea.
So what does the sea mean? Basically, the ocean refers to anything related to the ocean. It can be used for commercial and transportation purposes or for military purposes. The body of law that governs maritime activities is known as admiralty law, a term used interchangeably with the law of the sea.
Maritime Injury Center
The Law of the Sea is not the same as the Law of the Sea, which governs international trade, mineral rights, jurisdiction over coastal waters, treaties and relations between nations. Admiralty cases are very close in concept, involving claims by citizens, individuals, companies and their representatives.
The quick answer to the question of when to call an attorney after a sea accident is "as soon as your boat arrives in Houston." If you have a cell phone/Wi-Fi and personal calling rights, call or consult an attorney as soon as possible. If your ship allows the crew to make personal calls, management will not hold you accountable if you use your time to call a lawyer!
A common mistake made by other employees is to try to come across as a "team player" who doesn't want to push things through threats. It may be a high price to pay to protect an image that may not benefit you in the long run. Many Houston marine workers - or former workers who are no longer able to work - wish they had called a lawyer after an accident.
Don't try to decide if you have a claim to file on your own, even though all the blogs and websites try to advise you on DIY legal strategies. Do your best and call a lawyer. Patrick Daniel has won so many commendable cases that he can identify a potential case within the first few minutes of a FREE consultation. If Patrick Daniel Law approves your case, the legal fees will come out of the final settlement and you won't get any out-of-pocket costs.
Mariner Law, Pllc
Once you leave Houston and cross the US border, even if you are a US citizen. employed by a US company. on a US-registered vessel, some rules designed to protect you no longer apply. Fortunately, there are some laws that restore some of these protections, but in different ways.
One such law is the Merchant Marine Act. The Act comprehensively contains regulations governing maritime commerce in US waters. between US ports. Section 27 of the Maritime Commerce Act, known as the Jones Act, mandates that trade between US ports be conducted only on US-built vessels. The Merchant Marine Act and the Jones Act are used interchangeably, but the Jones Act is actually part of the Merchant Marine Act.
The Jones Act also includes provisions for sailors' rights. These topics include (among others):
The main provisions of the Jones Act concern a special class of workers called sailors. It is legally binding and very important in injury claims. But there is no mandatory definition of seaman anywhere in the Jones Act or the Merchant Marine Act.
Boat Accident Lawyer
However, there are litigants and litigants on both sides who must refer to previous cases to determine if the plaintiff is litigious. Just being employed by one of the many shipping companies in Houston and spending time at sea doing this job is not enough to qualify as a sailor.
Rather than a legal definition, most maritime lawyers and judges agree on the following definition, but the definition has changed terms over the years and is still being revised.
"Marine means a person (other than scientific staff, a marine school instructor or a marine school student) working or employed in any capacity" (source).
That's all well and good, and a refinement of the previous complicated definition, but the Jones Act goes back a bit, insisting that to qualify as a sailor, a worker must spend at least 30% of his time on a ship at sea. It's a point that litigants in an admiralty case can argue for hours. However, there is no clear explanation to go by, which is often a stumbling block in practice.
Maritime Injury Lawyer Houston, Texas Maritime Injury Law Firm
Workers who do not meet the definition of seafarers can claim damages under the Longshore and Harbor Workers' Compensation Act (LWHCA). This federal law favors the injured party
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