The Limitation of Liability Act was enacted by Congress in 1851 to promote the growth of American maritime commerce. The Act protects those involved in maritime commerce by, as the name suggests, limiting their liability in certain situations. For individuals injured while working on a vessel operating on navigable waters, this Act creates a complex and sometimes confusing path to compensation. If you have been injured while working on a vessel, it is important to hire attorneys well versed in Limitation of Liability Act litigation, like those at our firm to understand the process and pursue the compensation you deserve. Maritime injury claims can become significantly more complex when vessel owners invoke federal liability protections, making the guidance of a Cape Girardeau, MO Jones Act lawyer important for workers seeking compensation after an accident on navigable waters.
How Does the Limitation of Liability Act work?
The Limitation of Liability Act allows the owner of a vessel to limit its liability after someone working on their vessel has been injured. To initiate this process, the vessel owner files a complaint invoking the Act in a United States federal district court. Once filed, any person with a claim against the vessel owner must file that claim in the federal court action even if they have already filed suit in another court, such as state court. Depending on the circumstances, an injured seaman may be able to litigate certain issues in a court of their choosing; in other circumstances, all issues must be litigated in federal court.
What Does this Mean for Someone Injured on a Vessel?
If you are injured on a vessel operating on navigable waters, having experienced maritime attorneys in your corner like those at our firm is critical, because maritime cases can look very different from other personal injury cases. In most personal injury cases, a claimant files in a single court. However, when a vessel owner invokes the Limitation of Liability Act, every injured party must file a claim in the federal limitation action, even if they have already filed for the same injuries in another court. This is just one of the many nuances that make maritime personal injury cases unique when the Act is invoked.
What should you do if you are injured on the water?
If you are injured on the water, the first priority is getting the medical care you need. After that, contact a knowledgeable maritime attorney as soon as possible, because strict time limits known as statutes of limitations govern maritime personal injury claims. Failing to meet these deadlines could mean losing your right to recover for your injuries entirely. The attorneys at Goldstein and Price, L.C. have the knowledge and experience to guide you through the complex process of litigating a claim against a vessel owner seeking to limit its liability, and can help you recover the compensation you are entitled to.