REPRESENTING VICTIMS IN CATASTROPHIC INJURY AND WRONGFUL DEATH CLAIMS

Admiralty and Maritime Claims

 

 

Maritime and Admiralty law deals with the application of law to injuries and deaths that occur on navigable waters. Navigable waters generally include the oceans of the world as well as large lakes or rivers that can be used for commercial shipping. These waters are divided into territorial waters and the high seas. Territorial waters are close to land while the high seas are those waters that are further away from land.

 

Admiralty and  maritime litigation includes such claims as suits for damage to cargo, injuries to seamen, injuries to ship and boat passengers, injuries to recreational boaters, collisions between vessels, injuries and damages caused by wake, and maritime pollution. Although the United States Constitution gives original jurisdiction in admiralty matters to the federal courts, many claims may now be brought in either federal court or state court.

 

In federal courts in the United States, there is generally no right to a jury trial in admiralty cases. However, Congress has created some limited rights of jury trial in seaman's personal injury actions brought under the Merchant Marine Act of 1920 (the Jones Act) where a jury trial is otherwise permitted. In state courts, the right to trial by jury is determined by the law of the state where the case is brought. Consequently, admiralty cases brought in state courts can be tried before a jury.

 

Admiralty and maritime litigation is quite complex and requires a trial lawyer with specialized knowledge in the field. Ken obtained an admiralty verdict of over $1,000,000 against a dredging operator for severe facial injuries suffered by a sportsman when his bass boat struck a clam-shell dredging cable on the Tenn-Tom Waterway.

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