With offshore accidents and injuries being reported countrywide, no two cases are precisely the same. This means their compensations are not the same either. The amount of compensation that you can receive for your offshore case depends on the damages caused. If anything, there is no specific formula for the juries, insurance companies, or defendants to use when deliberating regarding the compensation of offshore cases.
Another factor that determines how much offshore cases are worth is that it is tough to establish the depth of the damages immediately after the injuries occur. If you have been involved in an offshore accident, doctors can only do initial tests and treat the visible injuries.
However, there have been cases where victims have experienced the effects of their offshore accident injuries long after they happened, even years later. Having a predetermined amount of the value of your offshore injury case could mean that these injuries go uncompensated.
An Attorney Can Help You Figure Out How Much Your Offshore Injury Case Is Worth
Your best chance of getting an idea of how much your offshore injury case is worth is by contacting an offshore injury lawyer. The professional can assess your damages and help you calculate an estimate that you are likely to receive for your troubles.
An offshore injury lawyer uses a holistic approach to ensure that the compensation you get is worth your damages. With the settlement, you should be able to take care of your medical bills and facilitate your full recovery.
Negotiating a Settlement Offer
Apart from helping you estimate the value of your offshore injury case, your lawyer will be responsible for negotiating settlement offers. Remember, the initial estimates are just that, estimates. It is up to you and your lawyer to develop the perfect strategy for settlement negotiations that will ensure you receive your rightful compensation.
If you do not agree with the defendant or your insurance company, your offshore lawyer can file or threaten a personal injury lawsuit. Our attorneys will use the skills they’ve gained over years of experience to make sure that you get your settlement.
As compared to self-representation, legal representation for offshore injury cases has a higher rate of settlement rewards. This can be attributed to the fact that lawyers know the ins and outs of personal injury cases, specifically offshore injury cases.
For a free legal consultation, call (800) 537-8185
Maritime Laws that Can Determine the Worth Of an Offshore Case
Some maritime laws vary from state to state. They are in place to govern and guide on how much compensation you are likely to receive for your offshore injury and any other personal injury case for that matter. The main maritime laws are described below.
The Jones Act
Under the Jones Act, federal law allows the victim to sue the employer or insurance company for injuries sustained while on duty (working on a vessel). An injured seaman can sue the employer for the damages, which consists of mental anguish, medical bills, physical limitations, and loss of earning capacity.
Longshore and Harbor Workers’ Compensation Act
The Longshore and Harbor Workers’ Compensation Act (LHWCA) enables employees who have sustained injuries through vessel-related activities, or any other activities on American Waters, to get compensation for their damages.
For this law to apply, the victim/s must meet specific requirements that make them eligible for either temporary or permanent disabilities. The damages may include (but are not limited to) transportation, medical costs, rehabilitation costs, and other recovery costs.
Outer Continental Shelf Lands Act
As aforementioned, some of the damage in offshore injury cases can appear years after the injuries were sustained. Fortunately, the Outer Continental Shelf Lands Act allows victims to receive compensation for past and future damages. These include physical pain, loss of earning capacity, medical costs, and physical limitations.
Death on the High Seas Act
The Death on the High Seas Act allows surviving family members to sue for a wrongful death lawsuit for a seaman that dies more than three nautical miles from the shores of the United States. Additionally, family members can get compensation for loss of household services and loss of earning capacity.
Offshore Injury Damages that You Can Recover Compensation for
Damages play a massive role in determining the amount of settlement that you will receive. For offshore injury cases, the most common damages are:
- Physical pain and suffering
- Lost wages
- Medical expenses
- Rehabilitation costs
How the Statute of Limitations Affects Jones Act Cases
As stated under the Jones Act, you have only three years to file your claim after your offshore injury- therefore, time is of the essence. Do not miss your chance of obtaining a settlement by failing to file your claim before the deadline.
Additionally, the longer you wait, the higher the chances of the evidence getting lost within three years — critical documents might disappear, and the witnesses’ memories can fade. Inadequate evidence limits your ability to put in a strong case, leading to under settlement or no settlement at all.
While it is not advisable to rush into filling an offshore injury claim form, it is best if you take action as soon as you have all you need to build a case. Throughout this process, your lawyer should be able to help you make the right decisions and take the necessary steps.
Get Help from an Experienced Offshore Injury Attorney Today
There is no specific amount of compensation that you can get for your offshore injury case; it all depends on the damages caused and how well you build your case.
An experienced and reliable attorney will help you calculate the estimated value of your offshore injury case, gather evidence, take care of negotiations on your behalf, or take the case to trial if need be. If you need help with your case, the offshore attorneys at Morris Bart are here to help. Contact us today to learn more.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.