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Maritime cases are very complicated – much more so than land-based cases such as car accidents or workplace injuries. Individuals will generally have rights against multiple parties, will have different rights against each of those parties and can normally collect different damages against each of those parties. That’s why it’s important to speak with a maritime attorney if you’re injured offshore or anywhere near the water. He or she can explain your rights and which parties might be involved in a lawsuit.

Qualifications of a good maritime attorney

Due to the complexity of the law, maritime attorneys need to devote a majority of their practice to handling maritime claims. Attorney Tim Young, whose Louisiana firm litigates maritime cases that occurred in the Gulf of Mexico involving oil rig workers, the Mississippi River involving tug boat workers and other bodies of water, explained:

More than anything, I think a maritime attorney needs to understand the overlapping of laws. There are dangers and hazards in trying to handle a maritime case if you’re not familiar with the laws. If a longshoreman settles a third party claim for a small amount of money, or any amount of money, he will be giving up his rights to longshore compensation benefits – and those benefits may be better than the third party claim.

By the same token, if a Jones Act employee tries to settle against one party and not the others, he can be leaving money on the table or costing himself rights down the road. Maritime attorneys should understand all of that, know which laws apply and make sure they cover all of them when they take on a case.

Questions to ask maritime attorneys before hiring them

If you’re bringing a maritime claim, you want a qualified attorney in your corner. To find out whether the attorney is qualified, Young told us, “I would ask the attorney how many maritime claims he or she handled over the last year or two and how many of those went to court or were prepared to go to court. I would also ask that attorney what type of funding he has available as maritime cases can be expensive to prepare and try. Our office understands that and we have no problem financing cases. It’s the area of law that we choose to practice.”

“I would also ask the attorney if he has worked with maritime experts. They can be very intelligent attorneys, they can go to court every other week, but if they don’t know what experts should be involved in the case, then they’re going to have a hard time proving that the company did something wrong.”

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.