Maritime Injury Lawyers in Brazoria, TX

When most people hear Texas, they think about deserts and prairies and cattle ranches and cowboy hats. Rarely do they think of the bustling maritime industry in the state. This industry, though, plays a critical role in our national economy. It’s an engine of growth, but unfortunately, maritime jobs are fraught with risk.

That’s why our team is committed to helping individuals and families navigate the aftermath of boating accidents, offshore injuries, and other maritime incidents. With a deep understanding of both Texas and federal maritime laws, the experienced Houston-based team at Johnson Garcia is dedicated to advocating for your rights and securing the compensation you need to move forward.

Before we discuss how we can help in that endeavor, though, let’s first get a solid understanding of maritime law as it relates to personal injury cases.

Understanding Maritime Law and Personal Injury Claims

Maritime law, also known as admiralty law, governs incidents that occur on navigable waters, including oceans, rivers, and lakes. This specialized area of law addresses a wide range of issues, from shipping and navigation to personal injuries and property damage, and understanding how these laws apply will be crucial in pursuing a personal injury claim. The key principles of maritime law include:

Jurisdiction

Maritime law applies to accidents that occur on navigable waters. This means that if an injury happens on a boat, ship, or any vessel, maritime law likely governs the situation, regardless of the accident’s location.

Negligence and Liability

Similar to personal injury claims on land, victims must prove that negligence contributed to their injuries. This can include actions or inactions by boat operators, vessel owners, or even manufacturers of marine equipment.

The Jones Act

This federal law provides specific protections for maritime workers who are injured while performing their duties. Under the Jones Act, seamen can file a claim for damages against their employer if negligence contributed to their injuries. This law allows for a broader range of claims compared to typical workers’ compensation laws.

Maintenance and Cure

Injured maritime workers may also be entitled to “maintenance and cure,” which covers medical expenses and daily living costs while they recover from their injuries, regardless of fault.

General Maritime Law

In addition to the Jones Act, general maritime law encompasses other types of claims, such as unseaworthiness — when a vessel is not safe for its intended use — and “negligence per se,” which can arise from violations of maritime regulations.

When pursuing a personal injury claim under maritime law, it’s essential to gather evidence, document your injuries, and seek legal representation. A maritime accident lawyer can help navigate the complexities of these claims, ensuring you meet all necessary legal requirements and deadlines.

Common Causes of Maritime Personal Injury Cases

At Johnson Garcia, we’ve been handling maritime accident cases for years. While every situation is unique, there are a few common causes we see with frequency. They include:

Boating Accidents

Collisions between vessels, such as cruise ships, ferries, and personal watercraft, can result in significant injuries. Factors like operator inexperience, failure to follow navigation rules or inadequate communication can exacerbate these accidents, leading to severe consequences for passengers and crew.

Slip-and-Fall Incidents

Wet surfaces, uneven walkways, and poorly maintained decks pose substantial risks on boats and docks. Crew members and passengers can suffer serious injuries from slips, trips, and falls, particularly in high-traffic areas where safety protocols may be neglected.

Equipment Failure

Malfunctions in essential machinery, safety gear, or navigational equipment can create hazardous situations. This includes engine failures, problems with steering or propulsion systems, and issues with safety devices, which can lead to catastrophic accidents if not promptly addressed.

Negligent Operation

Careless or reckless behavior by boat operators—such as speeding, distracted driving, or operating under the influence of drugs or alcohol—significantly increases the risk of accidents. Inexperienced operators may also lack the skills necessary to respond appropriately to emergencies, putting everyone on board at risk.

Unseaworthiness

A vessel that is not properly maintained or equipped can be deemed unseaworthy, exposing crew members and passengers to unnecessary danger. Common issues include inadequate safety equipment, outdated navigation systems, and failure to adhere to maintenance schedules.

Falling Objects

Loose cargo, improperly secured equipment, or items falling from the deck can cause serious injuries, especially during rough weather or sudden maneuvers. This risk is heightened in busy shipping environments or on vessels carrying heavy loads.

Drowning and Near-Drowning

Incidents involving falls overboard or insufficient safety measures — such as the absence of life jackets — can lead to drowning or life-threatening situations. In many cases, timely rescue efforts are critical to preventing fatal outcomes.

Lack of Safety Equipment

The absence of essential safety gear, including life jackets, fire extinguishers, or first-aid kits, can exacerbate injury risks during an accident. Regulations require certain safety measures, and failing to comply can significantly impact liability in personal injury claims.

Workplace Hazards

For maritime workers, exposure to hazardous conditions — such as slippery surfaces, heavy lifting, and toxic substances — can lead to injuries. Employers have a duty to ensure a safe working environment, and failure to do so can result in legal liability.

Regardless of the cause of your accident, it’s your lawyer’s job to pursue the compensation you’re owed to recover from your injuries and get your life back on track. With that in mind, let’s take a look at how compensation is awarded in these cases.

Understanding Compensation in Maritime Accident Cases

When it comes to maritime accident cases, understanding the types of compensation available is essential for victims seeking justice. Compensation can be categorized into three main types: economic damages, non-economic damages, and punitive damages. Each type serves a distinct purpose and addresses different aspects of the victim’s experience.

Economic Damages

Economic damages refer to the tangible financial losses incurred as a result of the accident. These damages can include:

• Medical Expenses: All costs related to medical treatment, including hospital stays, surgeries, rehabilitation, medications, and ongoing care.
• Lost Wages: Compensation for income lost during recovery, including future earnings if the injuries impact the victim’s ability to work long-term.
• Property Damage: Costs associated with repairing or replacing damaged vessels, equipment, or personal property involved in the accident.
• Other Out-of-Pocket Expenses: This can encompass transportation costs for medical visits, home modifications needed due to injuries, or any additional expenses directly related to the accident.

Non-Economic Damages

Non-economic damages address the subjective, intangible aspects of a victim’s suffering and can be more challenging to quantify. They include:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident and the resulting injuries.
• Loss of Consortium: This pertains to the negative impact on the victim’s relationships, including loss of companionship or intimacy, which can affect spouses and family members.
• Emotional Distress: Compensation for psychological impacts such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
• Loss of Enjoyment of Life: Compensation for the inability to participate in activities and hobbies that the victim once enjoyed before the accident.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s actions were particularly egregious or reckless, which may involve wrongful death. Unlike economic and non-economic damages, which are intended to compensate the victim, punitive damages serve to:

• Punish the Wrongdoer: These damages are meant to hold the responsible party accountable for their actions, especially in cases of gross negligence or intentional misconduct.
• Deter Future Misconduct: By imposing financial penalties, punitive damages aim to discourage similar behavior by the defendant and others in the industry.

It’s important to note that punitive damages are not awarded in every case and typically require a higher standard of proof.

While it’s your lawyer’s job to seek all of the compensation you’re entitled to, there are a few things you can do — and a few things you can avoid — to make sure your case is as strong as it can be. Let’s take a look at some of the common mistakes we see people make in these cases so you can avoid them in the coming days and weeks.

Mistakes to Avoid After a Maritime Accident

Navigating the aftermath of a maritime accident can be overwhelming, and the decisions you make in those critical moments can significantly impact your case and the compensation you might receive. Here are some common mistakes to avoid that could weaken your case or lower your potential compensation:

Failing to Seek Medical Attention

Even if you feel fine, it’s essential to seek medical attention immediately after an accident. Some injuries may not be immediately apparent, and delaying treatment can not only jeopardize your health but also weaken your claim. Insurance companies may argue that your injuries were not serious if you did not seek prompt medical care.

Not Documenting the Incident

Neglecting to gather evidence at the scene of the accident can significantly impact your case. Take photos of the accident site, your injuries, and any relevant conditions like weather or equipment failure. Collect contact information from witnesses and document any statements made by those involved. This evidence can be crucial for establishing liability.

Admitting Fault or Making Incriminating Statements

Be cautious about what you say immediately after the accident. Admitting fault, even partially, or making casual comments can be used against you later. It’s best to avoid discussing the details of the accident with anyone other than your lawyer until your case is resolved.

Discussing Your Case on Social Media

Posting about the accident or your injuries on social media can have serious consequences. Insurance companies often monitor social media activity, and anything you share could be taken out of context or used to undermine your claim. It’s advisable to refrain from posting until your case is settled.

Settling Too Quickly

Insurance companies may offer a quick settlement to minimize their payout. Accepting this offer without fully understanding the extent of your injuries and their long-term implications can leave you with less than you’re owed. Always consult with a maritime accident lawyer before accepting any settlement to ensure it reflects your true damages.

Not Keeping Detailed Records

Failing to keep detailed records of your medical treatments, expenses, and any communications related to the accident can weaken your case. Maintain organized documentation, including medical bills, lost wage records, and correspondence with insurers or employers, to support your claim.

Ignoring Deadlines

Maritime injury cases are subject to specific statutes of limitations, which set a time limit for filing a claim. Missing these deadlines can result in losing your right to seek compensation. Be mindful of all legal timelines and ensure you take action promptly.

Failing to Consult a Lawyer

Trying to navigate the legal process without professional assistance can be a costly mistake. Maritime law is complex, and an experienced maritime accident lawyer can help you understand your rights, gather necessary evidence, and negotiate effectively with insurance companies.

Need a Maritime Accident Lawyer? Johnson Garcia Is Here to Help

If you or a loved one has been involved in a maritime accident, navigating the complexities of the legal system can be daunting. At Johnson Garcia, we understand the unique challenges that arise in maritime law and are dedicated to helping you secure the compensation you deserve. Our experienced team is committed to advocating for your rights, guiding you through each step of the legal process, and ensuring that you receive the support you need during this difficult time.

Ready to get started? Contact Johnson Garcia online today or give us a call at 832-844-6700 for a free consultation to discuss your case. Let us put our expertise to work for you — together, we can chart a course toward justice and recovery.