Maritime Law vs. Texas Personal Injury Law: What Accident Victims Need to Know

Severe injuries can occur on water or a boat in Texas, but the process of pursuing justice and compensation is very different. Not every personal accident attorney has experience in maritime law. Choose your legal guidance wisely to ensure your rights are protected, and you receive sufficient compensation for your injuries.

The Texas personal injury lawyers at Carabin Shaw have extensive experience in maritime injury claims. We help victims seek the damages they deserve under federal maritime laws, as our law firm’s client reviews attest. We are available 24/7 to provide free case reviews in English or Spanish. Call us toll-free now at 1-800-862-1260 or contact us online.

Maritime accidents occur in the waters off the Texas coastline and at maritime facilities such as ports and shipyards. Examples might include:

• Injuries to seamen
• Injuries to dock workers or longshoremen
• Injuries to vessel passengers

Federal law governs maritime accidents, so injury claims must be filed in federal courts. Federal maritime law allows for multiple liability lawsuits if more than one party contributes to an accident. You must work within the proper federal channels to avoid dismissal of your claim.

Personal injury law offers recourse for victims who suffer injury because of another party’s negligence or recklessness. Examples might include:

• Vehicle crashes
• Slip-and-fall accidents
• Defective products
• Premises liability accident
• Workplace accidents
• Medical malpractice

Personal injury cases follow state law, and claims are filed in state court. Your lawyer must prove the party’s negligence led directly to your accident and injuries to pursue damages. Texas’s proportionate liability rule allows accident victims to file multiple personal injury claims if more than one party’s negligence contributed to the accident.

Accidents occurring in “navigable” waters may be covered under maritime law. Navigable waters are waterways used for commerce. It does not include landlocked waters like ponds or lakes. The state’s personal injury laws govern injuries on these smaller bodies of water.

Individuals who qualify for a maritime injury claim include:

• Seamen spending at least 30% of working time aboard a vessel
• Longshore and harbor workers working on the water or adjacent areas
• Passengers on vessels

Your maritime accident attorney in Texas can determine whether your case falls under maritime law and file your claim through the proper channels.

Texas workers injured at sea are not eligible for standard state workers’ compensation. Victims of maritime injuries also can’t file standard personal injury claims. Instead, these victims can seek compensation from the following sources:

Seamen injured on the job are entitled to maintenance and cure regardless of the cause of the accident. Maintenance covers daily living costs, while cure reimburses injured workers for medical care.

The Jones Act allows injured seamen to sue their employers for injuries if the employer failed to provide a safe workplace. The standard for negligence is lower than the standard for personal injury claims, making it easier for attorneys to secure this compensation for their clients.

LHWCA works similarly to workers’ compensation, providing medical care, wage replacement, and vocational rehabilitation to qualifying employees. The compensation is for employees not classified as seamen under the Jones Act, such as dock workers or longshoremen.

Maritime law is complex with multiple avenues to file injury claims. A lawyer who is well-versed in maritime law can help you file all necessary paperwork to the correct channels and within the required timeframes to protect you from disputes or claim denials. Your legal team will pursue the compensation you desperately need as you focus on your recovery.

After an accident in Texas, victims are usually left emotionally drained and in physical pain. That’s the time to pick up the phone and get the expert legal guidance you need to pursue the compensation you deserve. At Carabin Shaw, our attorneys work on a contingency-fee basis, so you pay nothing unless we win your case. Our skilled team is available now at 1-800-862-1260, or you can contact us online to schedule your free, no-obligation

For more information:

• uscode
• Texas Statutes 33
• Department of Labor