Alabama Admiralty Lawyer
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Alabama Admiralty Lawyer
For injuries and other civil incidents that take place on the high seas, admiralty law (also called maritime law) applies. Admiralty law is a combination of both U.S.-based and international law, and it is an area of the law that can be nearly impossible for the layperson to navigate without the advice and counsel of an experienced attorney. If you have been injured while working as a seaman, longshoreman, or harbor worker, or if you have lost a loved one in a maritime accident, our Alabama admiralty lawyer can help. Please call our law firm directly today to learn more about our lawyer and our areas of practice.
What Is Admiralty Law?
Admiralty law refers to a broad range of legal issues and laws that apply to injuries, torts, and offenses that take place on the high seas or in “navigable” waters. Essentially, workers who are working on a maritime vessel and who are injured, have a workplace safety or injury complaint, or have questions about their rights or relationships with their employers or crew members will likely turn to admiralty law for the answer and solution.
Types of Cases We Take On
At the Fuquay Law Firm, our experienced Alabama admiralty lawyer focuses specifically on maritime injury law cases. We can provide representation and advice with regards to:
- Jones Act claims. Under the Jones Act, maritime workers who are injured on the job maintain the right to file a lawsuit against their employer for damages. The act is similar to workers’ compensation in that it specifically pertains to worker injuries and the employer-employee relationship; it is different from workers’ compensation, though, in that an employee must be able to prove that their injuries resulted from their employer’s negligence in order to recover compensation.
Under the Jones Act, an employer has a duty to provide the worker with a reasonably safe place to work and to use ordinary care to keep the maritime vessel in a reasonably safe condition. If this duty is breached and the breach results in worker injuries, the employer may be liable.
Another interesting caveat of the Jones Act is that it only protects workers who are classified as “seamen.” Workers who are not classified as seamen may be covered under the Longshore and Harbor Workers’ Compensation Act, explained below.
- Death on the High Seas Act (DOHSA) claim. The Death on the High Seas Act, or DOHSA, is similar to the Jones Act in that it pertains to the relationship between maritime workers and their employers. It is different, however, in that the DOHSA is designed to compensate the surviving family members (spouses and children) of those who are killed on a maritime vessel as a result of “unseaworthiness” or negligence. Unseaworthiness is a term that is used to describe a vessel that is not a safe and suitable place in which a maritime employee/seaman can perform work.
- Longshore and Harbor Workers’ Compensation Act (LHWCA) claim. If a worker is injured while working on navigable waters of the United States or “adjoining areas customarily used in the loading, unloading, repairing, or building of a vessel,” then they may be covered under the Longshore and Harbor Workers’ Compensation Act (LHWCA). According to the Department of Labor, workers who are covered under the LHWCA include those who repair ships, longshore workers, shipbuilders, harbor construction workers, and more; seamen are specifically excluded from coverage.
Another major difference between the Jones Act and the Longshore and Harbor Workers’ Compensation Act is that while the former requires the employee to prove the employer’s negligence in order to recover compensation, the latter does not. Under the LHWCA, an injured employee can seek compensation for the full value of their medical expenses, as well as compensation for temporary total disability, temporary partial disability, permanent total disability, and permanent partial disability.
Why You Need a Skilled Alabama Admiralty Lawyer
If you are a maritime worker who is injured, you may have numerous questions about your options, your rights, and your responsibilities. Our Alabama admiralty lawyer can assist you by:
- Helping you to understand what steps to take immediately after an injury, such as providing your employer with notice of the injury, seeking medical care, documenting the accident, and initiating the claims process.
- Explaining to you the different sources of compensation, and the laws that pertain to your case, such as whether you should file a claim under the Jones Act, the Longshore and Harbor Workers’ Compensation Act, or the Death on the High Seas Act (if you have lost a loved one).
- Helping you to prove the various elements of your claim, such as the fact that you met the criteria for a “seaman” at the time of your accident, that the vessel that you were working on was unseaworthy, that your injuries would not have occurred but for your employer’s negligence, and more.
- Helping you to understand what your claim is worth, and what a fair settlement looks like. Our lawyer will do this by working with various experts who can assess the value of your claim, including financial professionals, doctors and medical professionals, and more.
- Ensuring that you bring forth your claim within the required time frame, as well as the statute of limitations that’s applicable to your case. Note that if you breach the statute of limitations, you could be permanently barred from recovery.
- Representing you throughout every step of the way, including during claim negotiations and litigation if necessary.
Call Our Alabama Admiralty Lawyer Today
Being injured can be a life-changing experience, and one that is made even more frustrating–and perhaps devastating–by a complex legal system and claims process. At the office of the Fuquay Law Firm, our experienced Alabama admiralty lawyer understands what you’re going through and is available to provide the support and legal guidance that you need during this difficult time.
To learn more about your legal options and how our lawyer can help, please call our law firm directly today at 251-219-0329 or send us a message telling us more about your case. Consultations are offered free of charge.
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Testimonial of few folks
Serving Alabama
Client
After an accident at sea, in which we almost died, Richhard was able to get us physical and mental treatment, so badly needed. He also represented us and that led to a positive conclusion. Google Harry Harry Burgess World Fishing Magazine for the story of rescue and survival. I highly recommend Richard Fuquay. Honest, very ethical and knowledgeable.
Peer
Mr. Fuquay is unparalleled in the practice of labor and employment law and admiralty and maritime law. His ethical standards are above reproach. If any lawyer deserves an AV rating, it is Mr Fuquay.