Shipboard Medical Claims
Shipboard Medical Claims
A shipowner’s failure to pay maintenance and cure not only give rise to a claim for maintenance and cure, but may also support a cause of action under the Jones Act for breach of the duty to provide maintenance and cure. This naturally follows from the nature of the seaman’s work. Even if injured through his or her own willful misconduct, the seaman is at the mercy of the shipowner. The seaman may be many miles offshore, unable to leave the ship and unable to obtain his or her own medical care. The law, therefore, requires the shipowner to provide such prompt and adequate medical care as is reasonable under the circumstances.
An employer owes a seaman a higher duty of care under the Jones Act than an ordinary negligence case, and the employer can be liable if its breach of that duty, no matter how small, contributed in any way to causing the seaman’s injury. Although a seaman contributed to causing his or her own injury, the employer’s liability may be reduced. Even if the seaman assumed the risk of injury by intentionally proceeding with a dangerous activity aware of the risks this will not reduce the amount of compensation under the Act.
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The Jones Act is a federal law that provides remedies to seamen who are injured while working on a vessel. The Jones Act extends the provisions of the Federal Employers’ Liability Act (FELA), a statute that provides remedies for injured workers, to provide similar remedies for seamen. As a result, an injured seaman can recover damages from the employer when an employer or a co-worker’s negligence causes an injury.
Mistakes for a doctor or another medical care professional take place very frequently and would be the reason that you simply or your loved ones are damaged. Our specialist attorneys can help your family with solid lawyer and representation to acquire a successful event resolution.
As outlined by statistics posted within the American Connection for The Legal, there are 98,000 preventable deaths each and every year that occur on account of medical malpractice. Along with, there are multitudes far more patients which can be injured on account of negligence for the health care worker.
Misdiagnosis – When a medical professional or health employee does not provide you with the greatest treatment while figuring out a patient leading to further injuries, condition or demise.
Failure to Treat – physician doesn’t treat symptoms which in turn causes an adverse consequence.
Errors During a Procedure – when physicians make a mistake just before, during, as well as after a medical procedure.
The fundamental need for a cruise ship attorney is traceable to the complexity of the maritime laws. With respect to both states and federal statutes. International treaties and agreements made by governments through the united nation is responsible for governing cruise ship liability (accidents) for death and injuries. So many factors must be thoroughly and critically examined before a case can be filed against a cruise ship owner. This is because the straightforward laws on the land requires a more technical approach when such case repeat itself at the sea.
As a rational victim (perhaps family as the case may be), it is important to seek the service of cruise ship attorneys. The cruise ship business is definitely an insured one with lot of savvy lawyers at their disposal. Their job is to move swift into action, immediately following an incident. The lawyers are more concerned with the profitability and less (or no) liability for their employers. This is another cogent reason why the service of a cruise ship attorney cannot be overemphasized when cases of this nature arise.
A general civil personal injury litigator will not have the background or experience. One has to be able to anticipate or prepare for the cruise line or cargo vessel defense strategies and prove costly to your case. Ask your attorney to cite cases which he has handled that resemble your case. Ask questions
Have you had experience with representing crew members or passengers against the cruise lines before?
How recently? How often?
What was involved?
What percentage of your practice is devoted to these kinds of cases?
Will you actually be working on my case? In what way?
Will any other persons be doing work on my case?
What will they do?
Will you talk to me in plain English when I do not understand “legalese”?
Will you allow me access to my case file at your office? What are the strengths and weaknesses of my case?
What would you advise me to do about my situation?
Can a timetable be set for my case?
If I hire you, what will you be doing for me, and when and how will we get back in touch with each other?
Is there a statute of limitations, or legal deadline in my case that we must be careful not to miss?
If you have ever suffered from such cases, don’t be a victim twice. Hire experienced, accomplished and trustworthy lawyers to protect your rights. Hold the cruise line financially, who is responsible for your injuries. You can hire certified Cruise ship lawyers who will be able to fight for you.
The Cruise ship lawyers are mainly based in South Florida. These lawyers are licensed to practice in all parts under the lawsuits of the Federal Bar Association. They are familiar with the Federal court system which allows them to provide quality representation for their clients.
Even though there are a lot of ways, through which a passenger can get injured, but some of the common types of Cruise ship lawyers are:
Cruise Ship Slip and Fall Accidents
Cruise Gangway Accidents
Cruise Ship Automatic Door Accidents
Cruise Ship Rape and Sexual Assault
Cruise Trip and Fall Accidents
Cruise Ship Tender Boat Accidents
Cruise Ship Passenger Ticket Contract
Cruise Ship Child Molestation
Cruise Ship Shore Excursion Accident
Cruise Ship Passenger Overboard and Disappearances
The Cruise ship lawyers are very strict when it comes to justice. Severe injury of a particular crewmember or passenger can lead to the closure of cruises or cargo and some of them include:
Carnival Cruise Line
Celebrity Cruise Line
Norwegian Cruise Line
Royal Caribbean Cruises
Disney Cruise Line
Silver Sea Cruises
Some of the benefits of the cruise ship lawyers are:
It is affordable and will not be causing you more harm.
They understand your situation and help you get justice.
They are easily available. You can get back all your lost resources.
They will provide compensation for your loss.
You will stay tension free throughout the trail.
You don’t need to run after them on any issue.
They will solve all your problems in a systematic way.
Cruise injuries are highly dangerous and the impact can be more serious than you realize. So if you have ever been a victim of a cruise injury, take a step today. Get what you deserve, and fight for your rights with the help of the best Cruise ship lawyers.