Maritime Injury Attorneys in Baton Rouge, Louisiana

Maritime law covers a wide range of accidents and incidents that occur on navigable waters, including oceans, rivers, and lakes, as well as accidents that occur on offshore platforms and drilling rigs. Some of the accidents that are covered under maritime law include:

1. Boat and ship collisions: This includes collisions between two boats or a boat and a stationary object, such as a pier or buoy.

2. Personal watercraft accidents: This includes accidents involving jet skis, wave runners, and other types of personal watercraft.

3. Cruise ship accidents: This includes slip and falls, food poisoning, and other types of accidents that occur on board cruise ships.

4. Oil rig accidents: This includes accidents that occur on offshore oil rigs and drilling platforms, such as explosions, fires, and oil spills.

5. Commercial fishing accidents: This includes accidents that occur on commercial fishing boats, such as injuries from equipment, falls overboard, or capsizing.

6. Recreational boating accidents: This includes accidents involving recreational boats, such as collisions, capsizing, and falls overboard.

In general, maritime law provides a special set of rules and regulations that govern accidents and incidents that occur on navigable waters. These rules may differ from those that apply to accidents that occur on land.

Louisiana has a strong maritime tradition, and as a result, many accidents and incidents on Louisiana’s navigable waters fall under the jurisdiction of maritime law. In general, accidents that occur on navigable waters fall under maritime law, and Louisiana’s many waterways mean that there are many potential incidents that could fall under this area of law. If you are involved in a maritime accident in Louisiana, it’s important to consult with an experienced maritime law attorney to understand your legal rights and options.

If you’re injured in a maritime accident, your first priority should be to seek medical attention for your injuries. Depending on the severity of your injuries, this may involve calling for emergency medical services or being transported to a hospital or medical facility as soon as possible.

After you have received medical attention, it’s important to gather as much information as possible about the accident. This may include taking photos of the scene, getting contact information for any witnesses, and collecting any other relevant evidence. It’s also important to report the accident to your employer and the appropriate authorities, such as the U.S. Coast Guard, as soon as possible.

The time limit for filing a claim for a maritime accident in Louisiana can vary depending on the specific circumstances of the accident, the type of claim being pursued, and the applicable law.

For most personal injury claims arising from a maritime accident, the general statute of limitations in Louisiana is three years from either: the date of injury or when you first become aware of the injury and its cause. This means that you typically have three years from the date of the accident to file a claim for compensation for your injuries and losses.

In cases where a death has occurred, it’s important to note that the Louisiana statute of limitations for filing a Death on the High Seas Act (DOHSA) claim is three years from the date of death.

However, there are some exceptions to the foregoing rules. For example, if the accident occurred on a vessel owned or operated by the federal government, you may need to comply with specific notice requirements and shorter time limits for filing a claim under the Federal Tort Claims Act (FTCA).

Additionally, if the accident occurred while you were working on a vessel, you may have a claim under the Jones Act or the Longshore and Harbor Workers’ Compensation Act (LHWCA). These laws have their own specific time limits and requirements for filing a claim.

Given the complexities involved in maritime law and the varying time limits and requirements for different types of claims, it’s important to consult with an experienced maritime law attorney as soon as possible after a maritime accident in Louisiana to ensure that you understand your legal rights and options and can take appropriate action within the applicable time limits. If you fail to file a lawsuit within the statute of limitations, you may forever lose any and all rights to recovery and compensation for your damages.

If you have been involved in a maritime accident, it’s highly recommended that you consult with an experienced maritime law attorney. Maritime law is a complex and specialized area of law, and an attorney who is knowledgeable in this area can help you navigate the legal process and ensure that your legal rights are protected.

Here are some of the reasons why it’s important to hire a maritime law attorney for a maritime accident claim:

1. Knowledge and expertise: Maritime law is a complex area of law that is different from other areas of personal injury law. An attorney who is experienced in maritime law will have the knowledge and expertise to handle your case properly and can ensure that your legal rights are protected.

2. Investigation: Maritime accidents can be complex, and it can be difficult to determine who is at fault. An attorney can conduct a thorough investigation of the accident and gather evidence to support your claim.

3. Negotiation: Insurance companies may try to settle a claim quickly and for less than it’s worth. An attorney can negotiate with the insurance company on your behalf to ensure that you receive the full compensation that you are entitled to.

4. Litigation: If your case goes to court, an attorney can represent you and present your case to a judge or jury. They can also prepare you for the legal process and ensure that your legal rights are protected.

In short, a maritime accident claim can be complex and challenging, and having an experienced maritime law attorney on your side can help ensure that you receive the compensation and justice that you deserve.

Maritime accidents are governed by a complex web of federal and state laws, as well as international treaties. The laws that apply to a particular maritime accident will depend on the type of accident, the location where the accident occurred, and the status of the individuals involved (e.g., crew member, passenger, or visitor).

Here are some of the key laws that may apply to maritime accidents:

1. Jones Act: The Jones Act is a federal law that provides protections for seamen who are injured or killed while working on a vessel in navigable waters. It allows seamen to sue their employers for damages caused by negligence or unseaworthiness.

2. Longshore and Harbor Workers’ Compensation Act: This federal law provides workers’ compensation benefits to maritime workers who are not seamen, such as longshoremen, harbor workers, and shipbuilders.

3. Death on the High Seas Act (DOHSA): DOHSA is a federal law that provides a cause of action for wrongful death claims that occur more than three nautical miles from shore. It allows the families of individuals who are killed in maritime accidents to recover damages for loss of support, services, and other economic damages.

4. Admiralty and Maritime Law: Admiralty and maritime law is a body of federal law that covers a wide range of maritime activities, including shipping, navigation, and commerce. It also covers tort claims, such as personal injury and property damage claims arising from maritime accidents.

5. International Maritime Organization (IMO) Conventions: The IMO is a specialized agency of the United Nations that is responsible for developing and promoting maritime safety and security. The IMO has developed a number of international conventions and protocols that govern various aspects of maritime safety, including collision prevention, search and rescue, and pollution prevention.

In summary, there are many different laws that can apply to maritime accidents, and it’s important to consult with an experienced maritime law attorney who can help determine which laws apply to your case.

There are several common causes of maritime accidents, which can vary depending on the type of vessel, the location of the accident, and the specific circumstances involved. Here are some of the most common causes of maritime accidents:

1. Human error: This can include mistakes made by crew members or operators, such as misjudging distances, failing to follow established procedures, or making incorrect navigational decisions.

2. Equipment failure: Maritime accidents can also be caused by equipment failure, such as engine failures, equipment malfunctions, or electrical problems.

3. Weather: Severe weather conditions, such as storms, hurricanes, or high winds, can increase the risk of maritime accidents, especially for smaller vessels.

4. Collisions: Collisions between vessels or with stationary objects, such as rocks or docks, are a common cause of maritime accidents.

5. Fire and explosions: Maritime accidents can also be caused by fires and explosions, which can be triggered by a variety of factors, such as fuel leaks, electrical problems, or cargo-related hazards.

6. Human factors: Fatigue, intoxication, and other human factors can also contribute to maritime accidents.

It’s important to note that many maritime accidents involve multiple causes, and that identifying the root cause of an accident can be a complex process. An experienced maritime law attorney can help investigate the causes of a maritime accident and determine who may be held liable for any resulting damages.

Being successful in a maritime accident claim can depend on several factors, including the circumstances of the accident, the severity of your injuries, the treatment you underwent for your injuries, available evidence, the legal strategy employed by the injured party or their legal team, and the judge and/or jury assigned to your case.

Here are some general tips for increasing the chances of success in a maritime accident case:

1. Seek medical attention immediately: The health and well-being of the injured party should be the top priority in any maritime accident. Seeking medical attention as soon as possible can help ensure that any injuries are properly diagnosed and treated.

2. Preserve evidence: Collecting and preserving evidence is crucial in any legal case. This can include taking photographs or videos of the accident scene, obtaining witness statements, and preserving any damaged equipment or vessels involved in the accident.

3. Consult with an experienced maritime law attorney: Maritime law is complex, and navigating the legal system without expert guidance can be challenging. An experienced Louisiana maritime law attorney can help identify potential sources of liability, navigate the claims process, and negotiate with insurance companies on behalf of the injured party.

4. Be aware of applicable deadlines: There are strict time limits for filing maritime accident claims, so it’s important to be aware of these deadlines and take action as soon as possible to protect your legal rights.

5. Be truthful and cooperative: Being truthful and cooperative with investigators, legal teams, and insurance companies can help establish credibility and build a strong case. It’s important to provide accurate information and be forthcoming about any relevant details.

6. Keep good records: Keeping detailed records of medical bills, lost wages, and other expenses related to the accident can help establish the extent of damages and support any claims for compensation.

7. Be patient: Maritime accident cases can be complex and time-consuming, so it’s important to be patient and trust the legal process. With the right legal guidance and persistence, it’s possible to achieve a successful outcome in a maritime accident case.
If you or someone you know has sustained injuries from a maritime accident, our Baton Rouge maritime lawyers at the Russell Law Firm, LLC have the experience, skills, and fight to get you the compensation you deserve.

Yes, being injured on a cruise ship is generally considered a maritime accident. Cruise ships are typically classified as vessels under maritime law, and accidents that occur onboard are subject to maritime law. This means that injured passengers may be able to pursue compensation under various maritime laws, such as the Jones Act, the Longshore and Harbor Workers’ Compensation Act, or general maritime law. However, the specific laws that apply in a given case will depend on the circumstances of the accident, the location of the ship, and other factors. It’s important to consult with an experienced maritime law attorney for guidance.

If you have been injured while on a cruise ship, you may be able to file a maritime accident claim to recover compensation for your injuries. It’s important to consult with an experienced maritime law attorney for guidance.

The doctrine of unseaworthiness is a legal principle under maritime law that imposes a non-delegable duty on shipowners to provide and maintain a seaworthy vessel. In other words, shipowners have an absolute obligation to ensure that their vessels are reasonably fit and safe for their intended use.

That duty extends to all aspects of the ship’s condition, including equipment, crew, and operational procedures. If a shipowner breaches this duty and a crew member or passenger is injured as a result, the shipowner may be held liable for the injuries under the doctrine of unseaworthiness.