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Maritime Injury Lawyers in La Porte, TX

For some, the waterways of Texas are an exciting place filled with fun and adventure. For others, they’re a way to make an honest living — working on fishing and shipping vessels going to and from the state’s many ports.

Regardless of the reason for being on the water, there are inherent risks involved. If you’ve been injured in a maritime accident, you are not alone.

At the Houston based firm of Johnson Garcia, we want to empower you with insights into your rights as an injured maritime worker and the steps you can take to secure the compensation you deserve. From understanding the types of maritime injuries to identifying liable parties, we’ll cover key topics to help you make informed decisions about your legal options.

Before we get there, though, let’s start by getting a better understanding of the roles and responsibilities of maritime lawyers.

The Roles and Responsibilities of Maritime Lawyer

A maritime lawyer specializes in the legal intricacies surrounding activities on navigable waters, including oceans, rivers, and lakes. Their expertise encompasses a wide range of issues pertinent to the maritime industry, making them invaluable to individuals and businesses involved in maritime operations.

Maritime lawyers primarily provide legal representation to clients who have been injured in maritime accidents, such as boat collisions, slips and falls on vessels, or incidents occurring on offshore platforms. They advocate for victims to ensure they receive fair compensation for medical expenses, lost wages, and pain and suffering.

These legal professionals possess an in-depth understanding of maritime law, which includes specific statutes such as the Jones Act, the Longshore and Harbor Workers’ Compensation Act, and various international conventions. This knowledge is crucial for navigating the complexities of maritime regulations and ensuring that clients’ rights are protected.

In addition to representing injured parties, maritime lawyers assist in filing claims against responsible parties, which can include employers, vessel owners, or third-party contractors. If a settlement cannot be reached, they are prepared to represent clients in court, advocating vigorously for their rights.

Maritime lawyers also provide essential consultation and advice, helping clients understand their legal options and the potential outcomes of their cases. They evaluate the details of each incident to devise the most effective legal strategy.

Finally, these lawyers often work with maritime companies to promote safety and compliance with regulations, helping to prevent future accidents. By offering guidance on best practices and legal obligations, they contribute to a safer maritime environment for all involved.

As you can see, the responsibilities of a maritime lawyer are expansive. Generally speaking, if it happened on the water, it’s in their wheelhouse. That said, let’s narrow our focus to accidents on the water, and take a look at what commonly requires their attention.

Common Types of Maritime Accidents

Maritime accidents can occur in a variety of settings and under numerous circumstances, often leading to serious injuries or fatalities. At Johnson Garcia, we’ve been handling maritime accidents for years. Here are some of the most frequent types we see.

Boat Accidents

One of the most prevalent types is boat collisions, which can happen between vessels or between a vessel and a stationary object, such as a dock or buoy. These accidents often result in significant injuries due to the high speeds and forces involved.

Slip-and-Falls

Slip and fall accidents are also common, especially on boats, docks, and platforms. Wet surfaces, uneven walkways, or inadequate safety measures can lead to serious injuries, including fractures and head trauma.

Falls Overboard

Falls overboard can be particularly dangerous, often resulting in drowning or near-drowning incidents. These accidents may occur due to unsafe conditions, such as improper guardrails or rough weather.

Faulty Equipment

Onboard accidents involving machinery or equipment are another frequent concern. Injuries from malfunctioning equipment, lack of training, or insufficient safety protocols can result in severe harm, including crushing injuries, lacerations, or burns.

Fires

Fire and explosion incidents can occur on vessels due to faulty equipment, hazardous materials, or fuel leaks. These accidents often lead to catastrophic injuries, including severe burns and respiratory damage.

Bodily Harm

Deck accidents involving heavy cargo handling or equipment operation can also result in serious injuries. Workers may suffer from crushing injuries, sprains, or strains due to the physical demands of their jobs.

Environmental Issues

Finally, environmental hazards such as toxic exposure to chemicals or pollutants can lead to long-term health issues. Workers may face significant risks when handling hazardous materials without proper protective measures.

It’s your lawyer’s responsibility to investigate your incident to determine who should be held liable. Let’s take a look at who those parties might be.

Who Can Be Held Liable in a Maritime Accident

Determining liability in a maritime accident can be complex, as multiple parties may share responsibility depending on the specific circumstances of the incident. That said, understanding who can be held liable is essential for pursuing a successful compensation claim. Here are the key parties that could potentially be held accountable.

Employers

Employers often bear significant liability under maritime law, particularly through the Jones Act. If an employee is injured due to their employer’s negligence—such as failing to provide a safe working environment, proper training, or necessary safety equipment—the employer may be held responsible for the resulting injuries.

Vessel Owners

Vessel owners can also be liable if the vessel is deemed unseaworthy or if they fail to adhere to safety regulations. This includes issues like inadequate maintenance, insufficient crew training, or failure to provide necessary safety gear. If any of these factors contributed to an accident, the owner may be held accountable.

Crew Members

Other crew members may share liability if their negligent actions directly lead to an injury. This could include instances of reckless behavior or failure to follow safety protocols. If a fellow crew member’s actions contributed to the accident, they may also face legal consequences.

Vessel Manufacturers

Manufacturers of vessels or maritime equipment can be held liable for defects or malfunctions that lead to injuries. If a faulty part or equipment is found to be the cause of the accident, the manufacturer may face product liability claims.

Maritime Contractors

Maritime contractors, such as those providing maintenance or repair services, may also be liable if their negligence contributed to an accident. This includes improper repairs, failure to follow safety guidelines, or inadequate oversight during operations.

Third Parties

In some cases, third parties — such as other vessels or dock owners — can be held responsible if their actions or negligence contribute to the accident. For example, improper docking procedures or unsafe conditions on a dock may lead to collisions or other incidents.

Liability plays a crucial role in determining the damages in your case. With that in mind, let’s now turn our attention to compensation in maritime cases and understand how they might be structured in yours.

Understanding Compensation in Maritime Accidents

In the aftermath of a maritime accident, understanding the types of damages you may be entitled to is crucial for effectively pursuing compensation. Damages generally fall into three categories: economic, non-economic, and punitive.

Economic Damages

Economic damages refer to the tangible financial losses that result from the accident. This includes medical expenses such as hospital bills, rehabilitation costs, and ongoing treatment for injuries sustained. Lost wages are also a significant component, covering income lost during recovery as well as any future earning capacity that may be impacted. Additionally, if your injuries require modifications to your home or assistive devices to aid in daily living, those costs may be included in your economic damages.

Non-Economic Damages

Non-economic damages, on the other hand, encompass the intangible aspects of suffering that are not easily quantified in monetary terms. These damages address the pain and suffering experienced as a result of the accident. This includes physical pain, emotional distress, anxiety, and a loss of enjoyment in life. For instance, if your injuries prevent you from engaging in activities or hobbies that once brought you joy, you may be entitled to compensation for that loss.

Punitive Damages

Punitive damages are awarded in cases where the defendant’s conduct is deemed particularly egregious or reckless. Unlike economic and non-economic damages, which are aimed at compensating the victim, punitive damages serve to punish the wrongdoer and deter similar behavior in the future. In maritime law, punitive damages may apply in situations involving gross negligence, such as operating a vessel while under the influence or willfully ignoring safety regulations, and cases involving wrongful death.

Your Johnson Garcia maritime lawyer is going to do everything they can to maximize your compensation, but you also have a responsibility in that regard as well. Let’s take a look at some of the steps you should be taking in order to strengthen your case.

What Should I Do After a Maritime Accident?

Experiencing a maritime accident can be overwhelming and disorienting, but taking the right steps immediately afterward is crucial for your health, safety, and legal rights. Here’s a comprehensive guide on what to do after a maritime accident to protect yourself and strengthen your case for compensation.

Prioritize Health and Safety

First and foremost, prioritize your health and safety. If you or anyone else is injured, seek medical attention immediately, even if injuries seem minor at first. Some injuries, like concussions or internal damage, may not be immediately apparent. A prompt medical evaluation will ensure that you receive the necessary treatment and will create a documented record of your injuries, which can be vital for any future claims.

Report the Incident

Once you are safe, report the accident. Notify your employer, vessel captain, or the appropriate authorities about what happened. Completing an official incident report is essential for documenting the accident and establishing a formal account of the events. Be thorough in your report, including details such as time, location, weather conditions, and any contributing factors.

Collect Evidence

If it is safe to do so, collect evidence at the scene. Take photographs of the accident site, any visible injuries, and equipment involved. Document any conditions that may have contributed to the accident, such as slippery surfaces or mechanical failures. If there are witnesses, gather their contact information and ask for their accounts of the incident. Witness statements can significantly bolster your case.

Keep Records

After gathering evidence, keep a detailed record of all medical treatments you receive. This should include hospital visits, medications, rehabilitation sessions, and any follow-up appointments. Keep copies of all medical bills and documentation related to your treatment. This information will be critical when calculating your economic damages.

Refrain From Discussing the Case

Avoid discussing the accident on social media or with anyone other than your legal representative. Public statements can be misinterpreted or used against you in legal proceedings, potentially undermining your case.

Think in the Long Term

consider your long-term recovery needs. Injuries sustained in maritime accidents can sometimes lead to ongoing challenges, such as permanent disability or chronic pain. It’s important to assess how these injuries may affect your future and to factor those considerations into your legal claims.

Talk to a Lawyer

Finally, it’s crucial to consult with a maritime lawyer as soon as possible. An experienced attorney can guide you through the complexities of maritime law, help you understand your rights, and advise you on the best steps to take. They can also assist in gathering evidence and ensuring that your case is well-prepared.

Injured in a Maritime Accident in Katy? Johnson Garcia Can Help

If you or a loved one has been injured in a maritime accident in Katy, Texas, you don’t have to face the aftermath alone. The personal injury attorneys at Johnson Garcia are dedicated to helping individuals navigate the complexities of maritime law and secure the compensation they deserve. Our experienced team understands the unique challenges that arise in maritime cases and is committed to providing the support and advocacy you need during this difficult time.

Ready to take the next steps? Contact Johnson Garcia online today or give us a call at 832-844-6700 for a free consultation. We are here to listen to your story, answer your questions, and provide the legal support you need to move forward with confidence.

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