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The Turley & Mara Law Firm, APLC

Maintenance and Cure What You Need To Know To Protect Your Rights

“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S. lawyer talk, and no double talk - just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley

Jones Act Attorney Injured Seaman Lawyer

My Best Advice

The one thing I advise  anyone handling their Jones Act Case, is to always tell the truth. Always. No matter what. Do not beat around the bush or sugarcoat anything. You have to be truthful about everything dealing with your case.

If you are not honest, The judge will dismiss your case. Trust me on it. I have seen it many times.

My Second Best Advice

Order my free book, Win your injury Case: The Ultimate No B.S. Guide To Avoiding Insurance Company Tricks That Ruin Your Case [even before you hire a lawyer].

This is the best free advice out there on handling the Jones Act. Trust me. This book is full of helpful information to help you and your family win your Jones Act Case.

Need Help Today?

Give us a call. (619) 234-2833

Maintenance and Cure From A to Z - A Powerful Remedy For Seaman

Under the law of admiralty, a vessel owner is required to pay the food and lodging costs and necessary healthcare expenses of a seaman injured while in his or her service until the seaman's maximum medical recovery. Maintenance and cure refers to the provision of, or payment for, food and lodging (maintenance) as well as any necessary health-care expenses (cure) incurred during the period of recovery from an injury or malady.

This remedy was created to protect seamen from the dangers of living and laboring at sea.

For the Protection of Seaman

Maintenance and cure is the traditional form of compensation paid to a seaman who becomes ill or injured aboard a vessel. The law of the sea has required shipowners to ensure the maintenance and cure of seamen who fall ill or become injured while in service of the ship.

Maintenance and cure, is  designed to provide a seaman with food and lodging when he becomes sick or injured in the ship's service; and it extends during the period when he is incapacitated to do a seaman's work and continues until he reaches maximum medical recovery.

"Ties" go to the Seaman

Admiralty courts have been liberal in interpreting this duty for the benefit and protection of seamen who are its wards. Furthermore, when there are ambiguities or doubts, they are resolved in favor of the seaman.

The obligation to provide maintenance and cure is, unlike negligence, not based on fault and is separate from and supplemental to compensatory damages. Where a seaman suffers injury or falls ill while in the service of the ship, the owner and the ship are liable, regardless of fault, for the seaman's maintenance and cure.

The Shipowner Has to Provide Maintenance and Cure Promptly

Although the shipowner has the right to investigate whether the seaman is entitled to maintenance and cure payments, the vessel owner must not unduly delay its decision.

Punitive Damages for Unreasonable and Willful Delay

Furthermore, in light of the realities of the current health care system, an injured seaman often will be unable to obtain necessary medical treatment unless he can first demonstrate the ability to pay.

Some courts have held that a delay of only one month before approving surgery was both unreasonable and willful. The law provides for the imposition of punitive damages for the willful and wanton disregard of the maintenance and cure obligation. This is to  encourage a vessel owner to make a prompt decision about maintenance and cure payments and to make those payments when obligated to do so.

America’s Leading Jones Act Lawyers

San Diego Office

7428 Trade St.
San Diego, California 92121
619-234-2833

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1300 Clay Street, Suite 600
Oakland, CA 94612
510-858-2822

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275 Battery St. Suite 1300
San Francisco,  California, 94111
866-705-4617

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3255 Wilshire Blvd, Suite 1801
Los Angeles, California  90010
866-705-4617

 

Awarded Super Lawyer 2011 - 2017

Highest Avvo.com Rating – San Diego

New York Times Top Attorney

Invited Speaker – Maritime Law Seminar – Jones Act

Chosen Top 10 Lawyer San Diego

Elected President of Consumer Attorneys

Chosen Trial Master by Consumer Attorneys

Awarded Best Lawyers in San Diego

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

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