Originally, the Jones Act was enacted in 1920 by the U.S. Congress to protect seamen that have work-related injuries. The Jones Act will protect an eligible seaman’s beneficiary in the case of death as well. Inland and offshore seamen are protected.
Under the Jones Act, a ship or vessel includes different water-going vessels, ships, or other floating or movable rigs. They include but are not limited to various barges, tankers, diving vessels, research vessels, fishing vessels, cargo ships, drill ships, and many others.
The owner of the vessel must provide a seaworthy vessel. If it can be proven that the owner has not done this, he or she may be subject to a lawsuit regarding the vessel’s “unseaworthiness.”
Cases involving injuries covered under the Jones Act can be heard either in a state court proceeding or in a federal court proceeding. If you have been injured in a maritime-related injury and live in the state of Georgia, contacting a Jones Act lawyer is in your best interest. A reputable Jones Act lawyer will be able to determine if your case should be heard on the state or federal level.
Legal damages may be recovered under the Jones Act. Income lost from the time of the injury until the trial as well as future income may be recovered. According to the Jones Act, seamen are entitled to reasonable medical expense coverage as well as compensation for mental anguish, disfigurement, pain, and suffering.
If you are a resident of Georgia, it may be beneficial to file your claim in Georgia. This will allow for medical attention from a doctor in the area. If a Jones Act claim is filed in the state of Georgia, the trial will follow Georgia state court procedures. Also, many seamen live in the state of Georgia due to its convenient location on the eastern coast of the United States. Therefore, Jones Act cases occur here more often when compared to some other states.
The statute of limitation is three years for most Jones Act claims. In other words, a claim must be made within three years of the actual injury. However, certain circumstances may alter the limitations. It is imperative to not wait a long time after an injury occurs.
Terms regarding the Jones Act can be difficult to interpret. Therefore, an experienced Jones Act lawyer is more likely to ensure that proper medical treatment expenses and other compensation are granted.
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