When you’ve been injured on the job and are deciding whether to file a lawsuit, it’s important to know how long the process takes, the possible forms of resolution and the costs that may be involved. That’s especially true for maritime workers as their injuries are subject to different standards.

Maritime Attorney Provides Answers

In a recent interview, Tim Young, an attorney from New Orleans, Louisiana whose firm’s practice focuses on maritime injury cases, answered some of questions regarding timeframes, resolution and the costs involved in maritime cases. Here’s what he told us:

Timeframe

Q: Do maritime cases generally take longer to resolve because you’ve got to do so much more than in a ‘land based’ case?

A: I think maritime cases take as much time as a serious land based case would take to go to court. We do find that some clients will say, ‘Well, my friend resolved his case in two to three months or four to five months’, but when we ask what type of case it was, they will say that it was a car accident and there were limited insurance policies. A maritime case is normally a very serious case.

We tell our clients right away that they have one opportunity and they need to make sure they include everything in their case that needs to be presented in court. That takes time. One very important thing for clients to understand is that they need to know their medical condition fully. They do not want to settle a case in a month or two, or sometimes even six months out, if they’re not fully aware of their medical condition. You cannot evaluate a case until you know all the facts.

Resolution

Q: Are Jones Act cases generally resolved through settlement or trial?

A: Most Jones Act cases are able to be resolved through a settlement. Most of the company attorneys are intelligent and they understand the risk of going to court if the case is fully prepared. Most company attorneys understand the high range of damages that can be given in a Jones Act case and will make reasonable offers prior to trial. However, we have had very many cases where that does not happen and the next stage is to simply present the case in court.

Costs

Q: Are there any other up front costs in a maritime lawsuit?

A: Normally, the suit will require filing fees, deposition costs and the costs to hire experts. In a maritime suit, if the company is not paying for proper medical treatment, then our office is allowed to do that. Those will make up the majority of the costs in a maritime case.

Q: Are those costs generally fronted by your firm?

A: Yes. Those are carried as the case progresses and there’s an incentive for our office to try and move the case as quickly as possible – within reason – because we obviously don’t want a lot of money sitting in a case for a long period of time. The best way to handle it is to do whatever work needs to be done. If medical testing has to be done to prove an injury, then we do that right away. Once all of the case is prepared, then it’s in our best interest – as well as the client’s – to sit down with the company as quickly as possible.

If you have been injured in an accident on or near the water, contact an attorney whose practice focuses on maritime issues. To contact an experienced maritime attorney, please click here.