Sailors who have been injured or become ill while performing required job duties at sea may be eligible for compensation from their employers under the provisions of the Jones Act, also known as the Merchant Maritime Act of 1920. American sailors who believe they may be eligible under the Jones Act should discuss the circumstances of their case with an attorney.
Clients seeking an attorney for their maritime law case should look for experience, specialization, successful past cases, board certification, and cost.
Experience
For the best chance of a successful outcome, maritime workers should seek attorneys who have relevant experience with cases like theirs. The following steps can assist in confirming past experience:
• Ask how many years of experience the attorney has as well as the number of years of experience the firm has. Don’t mistake the firm’s experience for an individual attorney’s expertise; both numbers are important.
• Ask how many maritime law cases the attorney has worked on.
• Visit with references shared by the firm to learn more about the experience and success past clients have had with the firm or the attorney.
• Check the firm’s Better Business Bureau profile to ensure they have been in business and in good standing for the length of time claimed.
• Finding an experienced attorney can increase the likelihood of a successful outcome.
Specialization
Maritime law is complex and differs from Workers Compensation law. Choosing an attorney who specializes in maritime law ensures that the attorney is trained and experienced in the complexities of maritime law and receives continuing education in this specialized field of law. Maritime law attorneys:
• should clearly advertise themselves as maritime law attorneys,
• should limit the cases they take to maritime law or related cases,
• should never work on behalf of an employer being sued under the Jones Act, and
• should focus their continuing education requirements on maritime law and related topics.
Track Record
Understanding how a firm or attorney has performed in past cases can help a potential client understand what to expect in their case. Maritime employees victim to accident or injury should request more information about past cases, including the attorney’s success rate and the details of at least one successful case and one unsuccessful case if public or permitted to share.
Other ways to learn more about a firm’s track record are to research the company’s history and involvement in high profile cases, review their BBB score, and ask to speak with references.
Cost
It’s important to learn about cost and financial options up front to ensure the right firm is selected. The best firms never charge a fee unless they are able to win a settlement or judgment on the client’s behalf. While not all attorneys use this model, clients should demand and expect this arrangement before selecting an attorney.
Finally, a select few firms may offer additional perks to clients like low or no-interest personal loans to ensure they are able to make ends meet following their injury or illness. Finding an attorney who has a client loan program can reduce worry during such a stressful time.
