“We give you answers to your Jones Act Case questions in simple, easy to understand English, that everyone can understand. No legal mumbo-jumbo, lawyer talk.” - Bill Turley
My Best Advice
Many times I have witnessed Jones Act Cases Be thrown out before it has even started. Why? Because the claimant was not honest or not truthful. And a lot of times, those people do not understand why their case was dismissed.
I have to be frank here. You have to be honest on everything about your case. You need to make sure that all the good and bad facts are brought to the table from the beginning. If you do not, then you will lose. Sometimes the truth hurts, but remember it is the truth that sets you free.
My Second Best Advice
If you want to win your Jones Act Case, you need to make sure to take the proper steps. I have been handling Jones Act Cases since the 1980's. I have seen and learned a lot.
I promise you this book is full of helpful and useful information that will help you succeed in your Jones Act Case.
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Injured at Sea
It can be hard to unravel the facts of your accident while you’re lying in a hospital bed. The memories are fuzzy, but you remember slipping on the deck, grabbing for the rail…and then nothing.
You don’t remember being hit; you just blacked out, so you relied on your shipmates’ accounts of what happened. You’re considering filing an injury claim, but you’re not sure if your account of what happened is enough to go on. Do you have a negligence case, or an unseaworthiness claim—and does it even make a difference?
Jones Act Negligence vs. Unseaworthiness
While they both protect maritime workers, it is important to understand the difference between a claim of unseaworthiness and a Jones Act negligence claim. An unseaworthiness claim is based upon the condition of the vessel, while a negligence claim is based upon the acts or omissions of your employer.
Under the Jones Act, employers have a duty to use reasonable care to protect their employees. In order to determine if your employer was negligent, the court will determine how your employer’s behavior compares to the actions of a reasonably prudent person under similar circumstances. If a reasonable person would not have done the action that caused your injury, then it is negligence.
It is important to note that negligence can also be a failure to act (called an omission), such as a failure to fix broken equipment or properly train employees.
Who Is a Jones Act Negligence Claim Against?
In an unseaworthiness claim, the vessel’s owner (one person or a corporation) is usually named. However, a negligence claim is against your employer—and in most cases, a worker’s employer is a different entity from the ship’s owner. It will take some investigating to determine who should be named in your negligence lawsuit, so you should consult an attorney for further advice.
What Do I Need to Prove That My Employer Was Negligent?
The most important thing you need to know about the Jones Act is that it has a much lower burden of proof than other injury cases. In order to recover damages, a Jones Act seaman must establish that his employer’s actions played a part—however small—in his injury. It does not matter if there are other factors that played a bigger role in your accident; as long as you are able to prove that your employer’s actions were directly related to the injury, you are entitled to medical and financial benefits.
Please read through the related articles listed on this page to find out more about how the Jones Act can provide for you and your family while you recover. If you need help filing a claim, fill out the short contact form on this page and we will contact you privately.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley