MARITIME INJURY ATTORNEY PROUDLY SERVING THE STATE OF TEXAS

MARITIME INJURY ATTORNEY PROUDLY SERVING THE STATE OF TEXAS

We at Patrick Daniel Law, our Houston maritime injury attorneysare equipped to take on complicated maritime injury cases that others Houston legal firms in the maritime field find difficult to handle. Houston the law of maritime injury, formally known as admiralty law, is a complex area with many quirks and contradictions. It requires a seasoned maritime attorney to recognize the flaws, and we detect them with each case we submit in the Houston lawyer office.

Houston maritime professionals have a disadvantage when it comes to certain maritime court cases. In other maritime accident cases, they possess certain advantages to their advantage. However, only a knowledgeable Houston maritime attorney is in a position to work it out. If you’re located in Houston, Harris County, Pasadena, Baytown or the outlying suburbs, in the event that you’ve been hurt at sea and looking for an Houston maritime lawyer, Patrick Daniel Law is ready to benefit. Call us today to speak with one of our Houston maritime lawyers to schedule an Free consultation.

Patrick Daniel is a legend among Houston maritime lawyers and has earned his distinction over the course of 20 years practicing maritime law practice in Houston, Texas and around the Gulf Coast.

Patrick Daniel has argued maritime injuries on both sides. He has a wealth of expertise, not just in the manner Houston maritime law matters proceed as well as the tasks performed in the sea by workers from a variety of Houston shipping companies.

Here’s a quick listing of some of the Houston maritime injury cases that he is able to handle in Texas as well as elsewhere:

  • Jack-up rig accidents
  • Deck accidents
  • Tugboat accidents
  • Oil platform accidents
  • Barge accidents
  • Accidents involving commercial fishing
  • Cargo ship accidents
  • Shipyard accidents

If you’ve sustained an injury to your vessel in Houston like the one below, and are looking for an initial consultation with one of our Houston maritime attorneys, or to learn more information about our Houston shipping law solutions you can call us at (713) 990-6666 or email us on our website.

HOUSTON MARITIME LAW

Houston is more than just aerospace and oil. Recent research has revealed it that Houston, TX is the top. 2 place in the United States in terms of jobs that are connected with maritime by the transportation of goods between U.S. ports. It is the only city in close proximity to New Orleans has more workers working in the maritime sector. In addition to the employees across the various Texas ports, you can place Texas as the number. third states of the U.S. in cargo transportation between American ports.

It is the Port of Houston includes over 200 public and private terminals that handle more than 2155,000 barges annually. Many maritime workers reside in Houston home. Houston region the home of their families.

It shouldn’t come as a surprise that there is a plethora of maritime injury lawsuits within Houston. The maritime workers injured by sea are not able to avail all the legal recourses those who work in the land have, and typically, they must hire lawyers for maritime accidents in Houston to safeguard their rights as well as benefit to recover the losses that result from their maritime injuries.

HOUSTON MARITIME ATTORNEYS

Lawyers for maritime cases located in Houston are numerous They are also knowledgeable about admiralty laws (maritime law) to the core, but they must have experience. As a top maritime injury lawyer, the founder Patrick Daniel has litigated hundreds of cases involving maritime injuries and secured substantial settlements from his clientele.

However, this procedure requires more than just a skilled legal attorney in courtrooms. The work of maritime lawyers is tough rough, unforgiving, and every Houston, Texas lawyer who wants to represent the interests of maritime workers should be familiar with the task and also know the legal system. This is what puts Patrick Daniel Law ahead of other law firms located in Houston, Texas. Patrick Daniel Law is a well-qualified who knows what he’s doing. He was raised up in Louisiana and has over 20 years of experience litigating maritime disputes – some in the other side of the courts.

WORKING AT SEA – IT’S A DIFFERENT WORLD OUT THERE

There are hundreds of maritime businesses located in Houston and, although they say that they be grateful to their employees for the sacrifices they put into their work but you’re just one slip onto a slippery deck, or a tumbling container of cargo during heavy waters from noticing how or even how little they really are concerned about.

If you’re injured on the water, don’t believe that the company will pay the right amount and ensure that your medical expenses are paid. One of the many of Houston maritime lawyers can quickly remind you that the game of football changes dramatically when injuries occur. And not only that, rules differ for marine employees and those employed on land. The defendants in maritime law disputes are attempting to conceal the specifics of maritime law and hope the victim isn’t aware of them.

The Workman’s Compensation, for instance, is not applicable to the injuries that occur while on the water. In the case of the Jones Act, which is a federal law Jones Act, maritime workers can pursue their employers to recover compensation Employers are also legally obligated to impart adequate safety-related working conditions as well as to keep their vessels in a manner that makes them in good condition and are seaworthy.

MARITIME LAW & ADMIRALTY LAW ARE THE SAME THING

What is the meaning of maritime, in any case? In essence, maritime refers to anything that is connected to the ocean. It can refer to shipping for commercial purposes, transporting as well as military activities. The rules that regulate the maritime industry is called admiralty law. This term is that is used interchangeably in conjunction with maritime law.

The maritime law is different in some respects from Law of the Sea, which regulates international trade minerals rights, the jurisdiction over the waters of coastal areas Treaties, and the relations with other countries. The cases involving Admiralty are more local in nature, and involve individual lawsuits, civil suit as well as representatives from these businesses.

WHEN TO CALL A MARITIME LAWYER

The most straightforward answer to the accurate time to call an attorney following a mishap on the sea is “as shortly as your vessel is docked at Houston.” When you own a cell phone or Wi-Fi connectivity and are capable to make personal calls at sea, you should call or email an attorney as fast as you are able to. If your vessel allows employees to call for personal reasons and calls, management can’t make a decision against you for using the opportunity to reach an lawyer!

The most frequent mistake that employees do is to present themselves as an “team” player, but isn’t looking to stir issues with the threat of being sued. The result could be a significant cost to be paid to keep a good image, which could be detrimental over the long term. Many Houston maritime employees – or workers who were unable to be employed anymore were able to contact an attorney immediately when they were injured.

Do not try to figure out whether you’re in a legal case that you should file regardless of the numerous sites and blogs trying to guide you through how to do it yourself in courtroom. Take the wise step to contact a lawyer. Patrick Daniel has won so numerous admiralty cases that he’s able to identify an action that is likely to win in the first couple of minutes an FREE consultation. Should Patrick Daniel Law accepts your matter, the attorney’s fee will be deducted from the settlement amount, which means you’ll have zero out of pocket expenses.

THE MERCHANT MARINE ACT / JONES ACT OF 1920

When you leave Houston and you leave all national borders that are the United States, even if you’re the U.S. citizen employed by an U.S. based company on vessels registered within the U.S., some laws that protect you from harm do not apply anymore. There are laws that move in to restore a portion of these protections, however in a different way.

The most notable law in this regard is called the Merchant Marine Act. This is a broad law that contains regulations for the maritime trade that takes place in U.S. waters that connect U.S. ports. The section 27 in the Merchant Marine Act, known as the Jones Act, requires that transactions that is conducted between U.S. ports be transported exclusively by vessels built in America. This is the Merchant Marine Act and the Jones Act are often used as a pair, however in reality they are not. Jones Act is a part of the Merchant Marine Act.

The Jones Act also includes provisions which have maritime workers’ rights at the heart of them. The provisions are (among several other provisions):

  • The person who owns the vessel should take reasonable care in maintaining it to ensure safety and the sea’s safety. Owners can be held accountable if they are found negligent, and negligence has led to accident.
  • The qualified sailors (officially identified as seamen) who suffer illnesses or injuries on the sea may be able to claim an appropriate sum of money from their employers through litigation if necessary. The idea of a ship’s seaworthiness is vital since it is able to shift a case to one in which the accurate result is the recuperation of expenses that are basic (called maintenance and remedy) and one in which every single loss suffered by the victim can be recovered.

WHAT IS A “SEAMAN?”

The main rules that are part of the Jones Act apply to a specific class of workers known as seaman. This is an official recognition which is crucial in the way lawsuits for injury are filed. However, there isn’t a specific definition of the term “sailor” within the Jones Act or the Merchant Marine Act.

However, there is precedent the maritime attorneys on both sides need to go through the past to decide whether the plaintiff is an individual seaman. Just being employed by one of Houston’s numerous shipping firms and then spending time in the sea doing the job isn’t satisfying to make you an individual seaman.

Instead of a formal definition, marine lawyers and judges generally are in agreement on this term, however it has been subject to an evolution of terms over the years and remains subject to change.

“Seamen is a person (except the scientific staff, sailing school instructor, or a sailing school pupil) who is employed or engaged as a seaman on the vessel” ( source).

This is neat and tidy. It’s also it is a modernization of the cumbersome definitions before it. however, this Jones Act sets progess back somewhat, insisting that, to be considered a seaman, an individual is required to spend minimum 30 percent of their time aboard, on the sea. It’s an issue on that the two sides of the case of admiralty can argue for many hours. In the absence of a comprehensive definition for it for reference However, it frequently is a roadblock for the entire process.

IF YOU DON’T QUALIFY AS A SEAMAN

LONGSHORE AND HARBOR WORKERS’ COMPENSATION ACT

If a worker doesn’t meet the requirements for the definition of a seaman are able to get compensation from the Longshore and Harbor Workers’ Compensation Act (LWHCA). The law in the United States allows an victim to claim damages in the form of medical costs rehabilitation, lost wages and rehabilitation, etc. in the event of injury and also survivor’s benefits in the event that the injury payoff in the death of a worker.

It covers dockworkers as well as ship builders, harbor construction workers injured on the wharf side in the harbour. The laws of LWHCA are different from traditional Workman’s Comp laws and generally offer an amount of compensation that is slightly higher.

MAKING A CASE FOR NEGLIGENCE

In the absence of Workman’s Comp, maritime employees are often forced to use the rules in the Jones Act for compensation. In some ways, maritime workers do are able to benefit from better systems available this is the reason why speaking with lawyers for maritime accidents is essential after an accident has occurred.

In the context of the Jones Act to rely upon maritime workers may bring negligence claims that exceed the normal care and treatment for specific kinds of injuries. The plaintiffs can get a more large settlement when they file an action for negligence and must prove that their negligent employer contributed to an injury in a manner. Also, negligence does not have to be the primary cause of the accident. In reality, it could be a minor factor in determining the cause.

Employers could argue that maritime workers should be aware the inherent dangers of being on board a ship however, this doesn’t relieve either the owner of the vessel or the employer of responsibility if something goes wrong. Employers are required to construct and maintain the vessel according in accordance with the code of conduct, repair it whenever needed and serve an environment that is safe for workers. “Reasonable maintenance” is a must, and the employer must anticipate risks of accidents and then take the necessary steps to avoid the risk.

The scope of negligence isn’t just limited to the manner in which the ship is kept in good condition. There are times when decisions put employees at risk need to be held accountable. The requirement that workers perform work that are unsafe for the sea and omit safety measures and perform duties in which they’ve never been properly trained, or depart from the accepted procedures for ocean-going cargo are but some of the examples which could be deemed reckless.

TYPES OF MARITIME INJURY CASES


Maritime workers are exposed to situations and face conditions that could cause most landlubbers to be in an anxiety and desperation. For the most part, they know the risks they’re exposed to, and are able to deal with them and mitigating the dangers, accidents do occur.

The most frequent injury-causing injuries suffered by maritime workers include:

  • Slips and falls A solid not. 1 in injury claims. When it is wet, slips can be commonplace, occurring in decks, stairwells as well as in the crew area.
  • Crash and bumps Booms that swing and cranes, dollies, machines, carts and other unsecure cargo could smash into people.
  • Tragic accidents with lifting and transport The tilt of a deck on a sea that is moving makes lifting objects that weigh a lot difficult. In the ideal circumstances the lifting of heavy objects is an extremely risky undertaking.
  • Disease Not all claims result from injuries. Sometimes, employees get sick due to unsafe circumstances and inadequate food preparation.

In the event that the ship goes in the sea for an injured person, the sole medical opportunity is on board medical staff. This is also referred to as the sick bay. It can be an advantage or even a danger if staff do not have the proper training. If the situation is dire, a helicopter could be necessary however weather and maritime conditions could play an important part in determining if it is possible to dispatch a helicopter.

FILING YOUR MARITIME CLAIM – THE DON’TS

A sea-related injury is usually newsworthy around the vessel. It’s not possible to keep something such as that private. Whatever the extent of the accident or method of its occurrence it is essential to keep an eye on the situation as it’s your responsibility to provide the truth about what actually happened.

If the word about your injuries is reported to management, they’ll likely want to speak to the person who injured you. Take care about what you speak up and what you say. Even though you’re not trying to offend or be uncooperative but you need to protect your rights. By all means you should not give an audio recording. There is no obligation to give a written statement anytime during the course of.

The amount you receive, should you do decide to speak with the maritime attorney and file claims it will be directly tied with the degree of negligence the ship’s owner or employer has been negligent. Adjusters from insurance companies, as well as lawyers on their side are skilled at manipulating as well as anything you tell them prior to bringing the matter before a judge can be altered to be used against the claimant. Don’t believe that you can beat an experienced professional!

Never sign any papers and don’t accept any settlement proposals or make any declaration without consulting with a maritime attorney.

FILING YOUR MARITIME CLAIM – THE DO’S

Do take the time to complete an accident report to be used in the process of claiming. What’s different is that when you submit your accident reports, you’re at the helm. There is time to consider your thoughts and establish your facts without being placed in a position where you have to try to solve a series of questions.

Name any colleagues or other witnesses who witnessed the incident, or maybe saw a risk that may contribute to the injury.

Call Daniel Patrick Law in Houston immediately. They’ll go over the case with you and benefit with your accident report as well as benefit make a clear synopsis of the incident. Based on the information confidential they offer additional the lawyers, they’ll determine if your claim could be a success If so grant the amount of compensation you could have the right to.Image alt=”Range of maritime injuries handled by Patrick Daniel Law.” data-lazy-src=”https://www.patrickdaniellaw.com/wp-content/uploads/2023/10/range-maritime-injury-cases-handled-PDL-878×1024.jpg” data-ll-status=”loaded” src=”https://www.patrickdaniellaw.com/wp-content/uploads/2023/10/range-maritime-injury-cases-handled-PDL-878×1024.jpg”/>

THINGS CHANGE WHEN YOU HIRE A MARITIME ATTORNEY

The number of companies within Houston particularly those involved in maritime industries results in a community that is circulated swiftly. If a company gets sued in the case of maritime injuries that other businesses located in the Houston region take note.

The truth is that neither side of an injury lawsuit on the seas wants this matter to be taken to tribunal. Many don’t. In fact, most don’t. In most cases the moment a maritime lawyer takes from the perspective of one of the victims, then the other party suddenly determines that it’s best for their accurate interests to negotiate without going to the court.

The original “sign here, and we’ll be finished by this” proposal is typically removed and substituted with something that’s more fair and substantial. Techniques to intimidate you generally decrease in the majority of cases. For the most of the time, they’ll let you to it and talk directly with your lawyer.

Avoid try to start any claim for maritime injuries yourself. The law governing maritime accidents is different from those laws that you may be familiar with. Also, it’s in a continuous changing state. There are constant changes to the Merchant Marine Act and Jones Act have been amended many times since the time they first came into force and, in fact, there’s a call currently for revisions or even the repeal of both.

MARITIME LAW FAQS

What Is Considered Maritime Work?

What Is a Maritime Injury?

What Should You Do After a Maritime Accident?

What Does a Maritime Lawyer Do?

What Are Navigable Waters in Maritime Injury Claims?

What Damages Are Allowed for Injuries to Maritime Employees?

How Long Does a Maritime Lawsuit Take?

Are Offshore Accidents Covered by Maritime Law?

EXAMPLE CASES – HOW DOES YOUR MARITIME CASE COMPARE?

In spite of the countless lawsuits involving injuries sustained by companies based in Houston as well as their workers There’s always something fresh which is brought to light. The cases below from the U.S. set precedents for similar cases to be a follow-up.

HOFFAS V. AMERICAN SEAFOODS (2018)

American Seafoods is the proprietor of the vessel American Dynasty was found guilty of negligence for not creating a safe working area for crane operators who fell when trying to access an area that could have been easier to access.

The worker was instructed by his bosses to operate an mid-ship crane that was located in the trawl deck. The crane was able to operate with an electronic remote control that allows employees to operate the crane in adverse conditions. But on this day, the date of the incident the remote control wasn’t accessible, after it was taken off the market from the engineer in charge in order the team wouldn’t lose it. the remote control.

For access to the crane, a worker was required to climb an up-and-down ladder in order to get to the tower that controlled it. The ladder was not of a good standard and was not even in compliance with the written guidelines that stated that the ladder should have rungs that are evenly spaced. The ladder was not equipped with an evenly spaced handrail, and the worker fell and suffered severe knee injuries.

The court ruled due to the ladder’s inability to meet even the written safety policy. The verdict was $900,000.

MITCHELL V. TRAWLER RACER INC. (1960)

This appeal went all up all the way to U.S. Supreme Court and created a new precedent for the definition of seaworthiness as well as reasonable diligence.

Frank C. Mitchell slipped onto a staircase on the fishing vessel Racer after he stumbled upon some slime that was on his handrail. Mitchell sued based on of negligence, as well as of the vessel’s insecurities. The owner of the vessel claimed the state of the handrail wasn’t known to the crew members, and was in transit and that reasonable precautions was used to the care and maintenance of the vessel.

A jury agreed with both parties, permitting Mitchell to recover on the regular maintenance and be able to cure inattention, which is provided for by the Jones Act, but ruling for the defendant in the claim of not being seaworthy.

Mitchell challenged the decision, contending that the judge was wrong when he told the jury that to decide on the petitioner’s claim to declare the vessel unsuitable, the defendant must know about the slime that was on the handrail but chose not to discuss the issue. The appellate court was in agreement against the lower court by assuming that the plaintiff was unable to establish that the ship’s crew had prior knowledge of the slime. However, when the matter finally was heard by Supreme Court U.S. Supreme Court, the ruling was upheld.

The opinion was written by Associate Justice Potter Stewart. the judge Associate Justice Potter Stewart said that a vessel owner’s obligation to add an ocean-safe vessel is more than simply using reasonable care. It is also true that an incident that temporarily renders an unsuitable vessel doesn’t exempt the owner of liability.

GAUTREAUX V. SCURLOCK MARINE INC. (1995)

Gautreaux (first name is not known) suffered a serious injury after a crank handle manual placed on top of an electronic winch slid off of the winch as the motor was suddenly turned on. The man was together an manual crank to release the winch that became stuck. The handle on the crank smacked Gautreaux on the face and in his eye. face.

Gautreaux filed a lawsuit against Scurlock Marine for negligence and the failure to favor an appropriate vessel for sea in the event that he was not had the proper training in how to use manual winch crank. Scurlock responded that Gautreaux had received a thorough training in the use of towboats such as Brooke Lynn, where the incident occurred. He had also been specifically trained in the operation of a manual winch crank. It was suggested that he ought to take better care of himself and his safety.

In accordance with the Jones Act, a seaman is required to exercise “slight attention” in order to protect himself but his employer must be subject to a far greater standard of ensuring an environment that is safe for workers. Scurlock’s lawyers argue that the court unintentionally followed an inaccurate interpretation of law.

The court ruled it was not concerned about the validity or the fairness “slight care” section in the Jones Act, it could change it. It added that it was it up to the higher courts to alter how the law is interpreted as well as lawmakers to alter the law in its own. The jury assigned 95 percent of the blame to Scurlock and the remaining 5% to Gautreaux as well, awarding Gautreaux the sum of $854,000. The amount was decreased by an appellate judge to $736,925.

EXPERIENCED MARITIME LAWYER IN HOUSTON

If the above case-study examples make you think If you’re scratching your head, you’re not alone. Laws governing maritime matters are complex and susceptible to a myriad of interpretations and subject to change.

The perfect solution to resolve the maritime injury claim can be Patrick Daniel Law. Patrick Daniel started out working on maritime injuries cases on the defense angle. He began to master how to use maritime negligence defense, which includes concealing the evidence of witnesses and other documents, avoiding strategies, intimidating and stopping.

Two decades prior to that, he made the switch to the side of plaintiffs in maritime law. Since then, he has been an unwavering advocate for all those injured by sea-related injuries.

The lawyer is not just a master maker in courtrooms and at the negotiation table as an experienced trial lawyer, however, he is also an expert in how to do the job. He’s is a Louisiana native who grew up with people from the maritime sector. The actor has also represented workers on the continent’s outer shelf and in the high seas. This includes offshore oil rigs, jack-ups and drilling rigs, Anchor handling boats, tugboats crew boats, and many more.

You’ll not be able to puzzle Patrick by together maritime lingo as will the people who are on the opposite side of the juryroom. Patrick Daniel Law’s work does not limit itself only to Houston, Texas, or even the Gulf Coast. His clients include Louisiana, Mississippi, Alabama, Florida and as far from North Carolina.

Call Patrick Daniel Law for a free meeting. If you have a case that you can win We’ll let you know. If not then we’ll let you know this as well. There is no charge until your maritime lawsuit has been resolved by you. Do not allow a fraudulent firm or ship’s owner avoid the obligation of paying the cost of your injury. Law is your ally and that includes Patrick Daniel Law.

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