If you are injured in an accident on the water or aboard a vessel, you may decide to pursue a personal injury claim against the person or company whose negligence caused your injuries. However, many injury claims that occur on navigable waters or aboard vessels are governed by maritime law rather than a state’s personal injury laws. Maritime law differs in several important ways from traditional personal injury law. Because of these differences, it’s important to work with an attorney who has experience handling maritime law cases. Not every personal injury lawyer has the knowledge, experience, or resources needed to successfully handle a maritime accident claim. If you’ve been injured in a maritime accident, speaking with a maritime attorney can help you better understand which laws apply to your case and what legal rights and options may be available.
What Is Personal Injury Law?
Personal injury law includes the statutes and legal principles that allow injured victims to seek compensation when they have been harmed because of another person’s negligence, recklessness, intentional conduct, or, in some cases, strict liability. Personal injury law allows victims to recover compensation for losses resulting from physical injuries, emotional harm, or damage to their reputation.
Common examples of personal injury cases include:
- Motor vehicle accidents
- Boat, train, or airplane accidents
- Slip and trip-and-fall accidents
- Defective product claims
- Premises liability accidents
- Medical malpractice
- Construction accidents
- Workplace accidents
- Assault and battery
- Defamation
What Is Maritime Law?
Maritime law, also known as admiralty law, governs legal issues and disputes that arise on navigable waters, the high seas, or at maritime facilities such as harbors, ports, docks, and shipyards. In addition to personal injury claims, maritime law also covers issues involving vessel operations, safety regulations, maritime contracts, cargo disputes, insurance, and access to ports and waterways.
Maritime law cases may involve:
- Injuries suffered by maritime workers, including seamen, longshoremen, dock workers, port employees, and shipyard workers, as well as workers’ compensation claims under maritime laws
- Injuries sustained by passengers aboard vessels
- Damage to or loss of vessels or cargo
- Disputes involving maritime insurance policies
Maritime Law vs. Personal Injury Law
Although maritime law often includes personal injury claims, there are several important differences between maritime law and traditional personal injury law.
One of the biggest differences is that personal injury claims are generally governed by state law. For example, if you are injured in an accident in Hawaii because of another person’s negligence, your claim will typically be governed by Hawaii’s personal injury laws.
Maritime law, on the other hand, is primarily governed by federal law. If your claim falls under maritime law, federal maritime statutes and legal principles generally take precedence over state law. For example, while most workplace injuries are handled through a state’s workers’ compensation system, injuries involving maritime workers are typically governed by federal laws such as the Jones Act or the Longshore and Harbor Workers’ Compensation Act.
Another significant distinction involves where lawsuits are filed. Personal injury lawsuits are often filed in state court, although certain cases may also be brought in federal court depending on the circumstances.
Maritime claims frequently involve federal court jurisdiction and are subject to unique federal rules and procedures. Because federal courts operate differently from state courts, failing to comply with applicable procedural requirements can negatively affect your case.
Why You Should Turn to a Maritime Law Attorney Instead of a Personal Injury Lawyer
Because maritime law is highly specialized, not every personal injury attorney is equipped to handle these types of cases. If you were injured in a maritime accident, working with a lawyer who understands federal maritime law can make a significant difference in the outcome of your claim.
Some of the advantages of hiring a maritime attorney include:
- A maritime lawyer understands how injury claims are governed under federal maritime law and can determine whether maritime law or state personal injury law applies to your case.
- A maritime attorney has the experience needed to thoroughly investigate maritime accidents and gather the evidence necessary to build a strong claim.
- Maritime lawyers regularly negotiate with shipowners, shipping companies, passenger vessel operators, ports, harbors, docks, and shipyards that are commonly involved in maritime injury cases.
- If litigation becomes necessary, a maritime attorney understands federal court procedures and the specialized rules that often apply in admiralty cases.
Reach Out to Olson & Sons A Law Corporation for a Free Case Evaluation to Discuss How a Maritime Law Attorney Can Make a Difference in Your Case
If you’ve been injured in a maritime accident or have a claim governed by maritime law, it’s important to work with an attorney who understands this unique area of the law. An experienced maritime attorney can help you understand your legal rights and work to protect your interests throughout your case.
Contact Olson & Sons A Law Corporation today for a free, no-obligation consultation to discuss your case with an experienced maritime attorney. Learn more by visiting hawaiinuilawyers.com.
