Maritime Injury Lawyers in Galveston, TX

Galveston is known for its rich maritime industry, which includes commercial shipping, fishing, and boating, making it a hub for both workers and visitors alike. The bustling port and picturesque beaches attract hosts of people, from maritime professionals looking to earn a living to tourists seeking adventure on the water.

However, living, working, and enjoying yourself on the water comes with inherent risks. Accidents can — and do — happen, often resulting in serious injuries. Whether you are a longshoreman, a crew member on a fishing vessel, or a just visitor enjoying the waves, when trouble occurs out on the water, we’re here to support the victims and hold the responsible parties accountable.

Here we’ll provide valuable insights into maritime law, common causes of injuries, and the legal options available to victims in Galveston. At the Houston-based firm of Johnson Garcia, our goal is to empower you with the knowledge you need to seek justice and fair compensation for your injuries, ensuring that you can navigate the legal waters with confidence.

To start, we’ll establish a foundation. What exactly is maritime law, and how does it relate to your incident?

Understanding Maritime Law in Texas

Maritime law, also known as admiralty law, governs incidents that occur on navigable waters, including oceans, rivers, and lakes. In Texas, this body of law is particularly important given the state’s extensive coastline and thriving maritime activities. Whether you were injured while working in the maritime industry or while enjoying a recreational outing on the water, understanding maritime law is crucial for navigating your rights and potential claims.

Maritime law encompasses a wide range of legal principles designed to protect the rights of individuals involved in maritime activities. For workers, this means specific protections under laws like the Jones Act, which allows injured seamen to pursue claims for damages against their employers if negligence is involved. This law recognizes the unique challenges faced by maritime workers and provides a means for them to seek compensation for injuries sustained while performing their duties.

For recreational boaters and passengers, maritime law also offers protections. If you were injured due to the negligence of a vessel operator, unsafe conditions on a boat, or inadequate safety measures, you may have a valid claim for compensation. Maritime law applies different standards compared to general personal injury law, emphasizing the duty of care owed by vessel operators to their passengers.

Additionally, maritime law includes provisions for determining liability in accidents, which can involve multiple parties, such as vessel owners, crew members, and manufacturers of boating equipment. This complexity underscores the importance of having knowledgeable legal representation to navigate the intricacies of your case.

Who Can Be Held Liable for a Texas Maritime Accident?

Determining liability in a Texas maritime accident can be complex due to the involvement of various parties and the specific regulations governing maritime law. Understanding who can be held accountable is crucial for victims seeking compensation for their injuries. Here are the key parties that may be liable:

Vessel Owners

First and foremost, vessel owners can be held responsible for accidents resulting from the unseaworthiness of their vessels. If a vessel is poorly maintained, lacks necessary safety equipment, or is improperly staffed, the owner may face liability for any injuries that occur as a result.

Employers

Employers of maritime workers also bear a significant responsibility. Under laws like the Jones Act, employers must provide a safe working environment and adequate training for their employees. If an employer fails to meet these obligations and this negligence contributes to an injury, they can be held liable.

Crew Members

Operators and crew members are another key group that can be held accountable. If the negligence of a captain or crew member leads to an accident—such as operating a vessel recklessly, failing to follow navigation rules, or not adhering to safety protocols—they may be personally liable for the injuries sustained.

Equipment Manufacturers

In cases involving defective equipment, manufacturers and suppliers of that equipment can also be held liable. If an injury occurs due to equipment failure, such as faulty machinery or inadequate safety gear, those responsible for the design, manufacturing, or distribution of that equipment may face legal action.

Contractors

Contractors and subcontractors involved in maritime construction or repair can be liable for injuries that occur due to their negligence. If safety regulations are not followed or if the work is done improperly, those responsible may be held accountable for accidents arising from their actions.

Other Captains

Lastly, in incidents involving collisions between vessels, the operators of the other vessel may share liability. Determining fault in these cases often requires a thorough investigation of navigation rules, the actions of both parties and the circumstances surrounding the accident.

Generally speaking, if your accident wasn’t your fault, you’re likely entitled to compensation for your injuries. Let’s take a look now at how that compensation — also called damages — is structured.

Understanding Damages in a Maritime Accident

In the aftermath of a maritime accident, understanding the types of damages you may be entitled to is essential for pursuing a successful claim. Damages in maritime law can be categorized into three main types: economic, non-economic, and punitive damages, each serving a distinct purpose in compensating victims for their losses.

Economic Damages

Economic damages refer to the tangible financial losses directly resulting from the accident. These may include medical expenses incurred for immediate treatment, rehabilitation, and any future medical care related to the injuries. Victims can also seek compensation for lost wages, covering the income lost during recovery and any potential future earnings impacted by the injury.

If personal property, such as a boat or equipment, was damaged in the incident, repair or replacement costs can also be included as economic damages. This category aims to reimburse victims for quantifiable financial losses, helping them regain their financial footing after an accident.

Non-Economic Damages

Non-economic damages address the intangible aspects of an individual’s suffering and quality of life. These damages encompass pain and suffering, which compensates victims for the physical discomfort endured due to their injuries. They also include emotional distress, recognizing the psychological impact that an accident can have, such as anxiety, depression, or post-traumatic stress disorder.

Non-economic damages also account for loss of enjoyment of life, compensating victims for the diminished ability to engage in activities they once loved. In some cases, loss of consortium may apply, addressing how the injury affects the victim’s relationships with family members, particularly spouses.

Punitive Damages

Punitive damages serve a different purpose altogether. These damages are not aimed at compensating the victim but rather at punishing the wrongdoer for particularly egregious behavior and deterring similar conduct in the future.

Punitive damages may be awarded in cases involving gross negligence or intentional misconduct, such as operating a vessel while intoxicated and causing a wrongful death or knowingly violating safety regulations, resulting in major property damage. The goal of punitive damages is to hold the responsible party accountable and to promote safer practices within the maritime industry. 

Investigating your case and determining what damages you’re entitled to is a crucial role of your maritime injury attorney, but you also share in the responsibility of your cases’ success or failure. Let’s now turn our attention to what you should — and shouldn’t — be doing in the aftermath of a maritime accident.

The Dos and Don’ts of Maritime Accidents

When you’ve been injured in a maritime accident, knowing the right steps to take can significantly influence your ability to secure compensation. Here are essential dos and don’ts to help strengthen your case.

Dos:

First, seek immediate medical attention for your injuries. Prompt treatment not only prioritizes your health but also creates a medical record that can substantiate your claim. Ensure you keep all documentation related to your treatment, including bills, diagnoses, and follow-up appointments.

Next, document everything related to the accident. Take detailed photographs of the scene, your injuries, and any relevant equipment or vessels involved. Collect contact information from witnesses who can support your version of events, as their statements may be crucial in establishing liability.

It’s also important to report the incident to the appropriate authorities, such as the Coast Guard or local law enforcement. An official accident report creates a formal record that can be vital for your case.

Don’ts:

Avoid giving recorded statements to insurance companies or other parties without first consulting your lawyer. These statements can be used against you and may unintentionally weaken your claim.

Do not admit fault or make any statements that could be construed as an admission of liability at the scene of the accident or in subsequent conversations. Even if you feel partially responsible, it’s crucial to refrain from making any admissions until all facts are thoroughly evaluated.

Also don’t delay medical treatment or legal consultation. Waiting too long can not only jeopardize your health but also weaken your case due to missed deadlines or insufficient evidence.

And finally, avoid discussing the accident on social media. Anything you post can be scrutinized by insurance companies or opposing parties, potentially undermining your claim. Keep your conversations about the incident private and limited to your lawyer.

These dos and don’ts can help make sure that you are taking the right steps to strengthen your case after a maritime accident. That said, the most important thing you can do is talk to a maritime injury lawyer as soon as possible. An experienced attorney can guide you through the legal process, help you understand your rights, and assist in gathering evidence to build a strong case. With that in mind, let’s talk about next steps.

I’ve Been Injured in a Maritime Accident. What Should I Do Now?

Navigating a maritime injury case can be complex, but understanding the key steps can help you feel more prepared. The process typically begins with an initial consultation with a maritime injury lawyer. During this meeting, you’ll discuss the details of your accident, your injuries, and any relevant documentation. Your lawyer will assess your case and explain your legal rights and options moving forward.

Once you decide to proceed, your lawyer will gather evidence to build a strong claim. This involves collecting medical records, accident reports, photographs of the scene, and witness statements. Establishing the facts surrounding your injury is crucial for demonstrating liability.

Next, your lawyer will calculate the damages you’re entitled to, which may include medical expenses, lost wages, and non-economic damages like pain and suffering. With this information, your attorney will prepare and submit a demand letter to the responsible party or their insurance company outlining your claim and the compensation sought.

Negotiations will follow, where your lawyer will advocate on your behalf to reach a fair settlement. If a satisfactory agreement cannot be reached, your lawyer may recommend filing a lawsuit. This involves preparing legal documents and may lead to court proceedings.

Communication is key throughout the entire process. Your lawyer will keep you informed about your case’s progress and advise you on the best course of action. With their expertise and support, you can navigate the complexities of your maritime injury case with confidence, working toward the compensation you deserve.

Injured in a Maritime Accident? Johnson Garcia Is Here for You

At Johnson Garcia, our experienced team of maritime injury lawyers understands the complexities of maritime law and is dedicated to advocating for your rights. Whether you were injured while working on a vessel, enjoying recreational boating, or facing any other maritime-related incident, we are here to help you navigate the complex legal landscape surrounding your case and pursue the compensation you deserve.

That said, we know that maritime accidents can lead to significant physical, emotional, and financial hardships. Our compassionate legal team will work tirelessly to ensure that you receive the support and guidance you need during this difficult time. From gathering evidence and negotiating with insurance companies to representing you in court if necessary, we are committed to standing by your side every step of the way.

Don’t let the complexities of maritime law overwhelm you. Take the first step toward securing your future by reaching out to us for a free consultation. We will assess your case, explain your rights, and outline your options without any obligation. Contact Johnson Garcia online today or give us a call at 832-844-6700, and let us fight for you.