Houston Maritime Attorney

Personal Injury | Work Injury

Houston Maritime Attorney

If you or a loved one has experienced an offshore injury, you need a Houston maritime lawyer to represent you in a court of law. Do not put yourself at the mercy of a worker’s compensation claim, or assume that your company is going to take care of you. The only way to get the justice and financial compensation you deserve is to hire accomplished workplace injury attorneys with a deep understanding of maritime law.

The offshore accident lawyers at Grimes & Fertitta know how devastating it is to be injured on the job. Compensation for lost wages often doesn’t begin to make up for the impact that an injury can have on a victim’s entire family. Maritime law ensures that those who risk their health and safety for their employers are protected, and Grimes & Fertitta ensures that they are treated correctly after something goes wrong.

What is maritime law?

Maritime, or admiralty law, is essentially the set of rules by which navigation, shipping, and offshore business must operate. Maritime law governs contracts, personal injury (tort) law, and worker’s compensation claims on both domestic and international waters.

Under maritime law, crew members and passengers of a vessel may seek compensation for injuries that occur on said vessel. Damages for claims made by or for injured maritime workers can include lost wages, pain and suffering, or even wrongful death.

Not every Houston personal injury attorney will be able to handle maritime cases, which operate on very specific precedents not applicable to cases that take place ashore. If you or a loved one have been injured on the high seas, whether on the job or as a passenger, contact the aggressive and experienced Houston maritime attorneys at Grimes & Fertitta, who can give you a chance at getting what you deserve.

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When is maritime law applicable?

The applicability of maritime law has changed significantly since its constitutional origins. Maritime law applies in “navigable waters,” which are defined as waters that can serve “as a continued highway over which commerce is or may be carried on with other States or foreign countries.”

Essentially, this means that the body of water must be capable of carrying goods from one state or country to another. For this reason, admiralty law can apply not only to drilling rigs and oil rig accidents but also to cruise ships and recreational vessels.

Common maritime accidents that require offshore accident lawyers

Accidents and injuries are common on the job. It is a well-known fact that working offshore is dangerous and that the hazards that cause an offshore injury lurk around every corner of a drilling rig or cargo ship. Some common accidents that often fall under maritime law include:

  • Slips and falls due to strewn about tools or slippery substances
  • Being struck by a falling object or heavy machinery
  • Getting caught in heavy machinery
  • Exposure to toxic materials
  • Explosions or fires

Fires can ignite at any time from sparks produced by heavy machinery igniting flammable materials in offshore environments. These materials are often in pressurized tanks that can explode and leave you with severe burns, lung damage, or worse. If you have been involved in a fire or explosion, you need a plant explosion lawyer to take on your case as quickly as possible.

These common occurrences can lead to traumatic brain injuries, spinal cord injuries that lead to paralysis, severe burns — or even death. Wrongful death damages, if pursued correctly, can include funeral expenses and recompense for loss of financial contribution and mental suffering like companionship. If your loved one died working for an organization, that organization should be held responsible to make things right.

Continue reading: Steps in a wrongful death lawsuit

How can a Houston maritime lawyer win my case?

Maritime law puts forth several doctrines intended to protect the passengers and crew of any vessel, drilling rig, or dock on navigable waters. Some of the statutes used by maritime lawyers to seek justice for their clients include:

  • The Jones Act gives seamen a statutory right to sue their employer for personal injury. It also provides that negligence need only be present in the injury in question, and not be the proximate cause.
  • The Seaman’s Right to Maintenance and Cure gives seamen the right to receive things like rent, mortgage, food, and medical expenses from their employer while recovering from an injury.
  • The Death on High Seas Act guarantees that a representative of the deceased can bring a claim to court.
  • The Longshore and Harbor Workers Compensation Act was enacted to establish statutory rights for maritime employees that are not technically seamen, but work on harbors, or vessels ashore during repair. This act covers ship-repairers, builders, and breakers, as well as longshoremen and harbor construction workers.

An oil rig injury attorney with a deep understanding of maritime law can ensure that you get the compensation that you and your family are entitled to.

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Should I file a workers’ compensation claim?

As trusted Houston accident lawyers, we believe it’s our duty to share the facts, especially when it comes to potentially misleading advice about workers’ compensation claims.  Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment.

The great thing about workers’ compensation is that injuries don’t need to be caused by employer negligence to receive benefits. Your employer may have told you to file a workers’ compensation claim under the premise that it will be enough to cover all of your expenses. However, worker compensation claims are not always the best option to pursue.

Accepting workers’ compensation benefits limits your ability to file a personal injury lawsuit and collect damages for pain and suffering. Therefore, employers or insurance companies may pressure you to file for worker’s compensation to prevent costly lawsuits from being filed.

During a free consultation, a Grimes & Fertitta construction accident attorney can review your case and help you determine if workers’ compensation is your best option or if the accident was caused by neglected and a larger settlement should be awarded.

What do I need to prove to win a personal injury lawsuit?

To win a construction accident lawsuit, you must establish three core things.

  1. The other party owed you a duty of care. A duty of care is a general duty to act as a reasonable person under similar circumstances would act.
  2. The person violated that duty by acting negligently.
  3. You suffered injuries and damages as a result of the negligence.

The amount of compensation awarded is tied to the cost of damages. A construction accident lawyer from Grimes & Fertitta can help you build a case to identify the negligent party and prove their negligence caused your injury.

What happens if your employer is not responsible for the accident?

In some cases, our construction accident attorney may determine your employer is not to blame for what happened. Our results may uncover one of the following third-parties are liable:

  • Owners of the construction site
  • Engineers
  • Architects 
  • General contractors
  • Equipment manufacturers (if it’s product liability)

As your advocate, we will pursue every possible avenue to help you and your family get justice. Our network of subject matter experts can recreate the accident scene, work with medical professionals to understand your injuries, and piece together exactly what happened.

How much compensation can a construction accident attorney help me get?

A construction accident lawyer from Grimes & Fertitta understands that accidents are expensive. Our trial-tested construction accident lawyers have decades of experience uncovering the cause of accidents, identify injuries, and accurately estimate the cost of future expenses. We take this information to the liable parties and demand that your expenses are taken care of. 

Some of the expenses we fight to get you compensated for include:

  • Medical expenses
  • Physical therapy costs
  • Counseling costs
  • Loss of wages
  • Property damage
  • Ongoing living expenses
  • Mortgage and rent
  • Pain and suffering

Injured on the high seas? Contact the aggressive and experienced Houston maritime attorneys at Grimes & Fertitta today.

The Houston maritime attorneys at Grimes & Fertitta can ensure that you are not alone during the aftermath of an offshore accident. We know that injured maritime workers have risked their lives working at sea, and we make it our business to bring justice to the families of the victims of offshore injury. Do not let the financial and emotional burden of someone else’s negligence fall on your shoulders.

We are here to help. Call Grimes & Fertitta today at (713) 224-7644 or contact us online for a free consultation.

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