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Commercial fishing is the most dangerous job in the United States. The job is physically demanding, the conditions are tough, and the hours are long. All of this places commercial fishermen at constant risk of serious injury. Contact a board-certified commercial fishing accident attorney at Brais Law Firm to help if you or a loved one is a commercial fisherman who suffered serious personal injury or death as a result of an accident or sinking.
The law firm’s commercial fishing accident attorneys represent all kinds of commercial fishermen including:
If you are hurt on a commercial fishing boat, the law protects you. The boat owner and/or operator may be obliged to pay for your immediate medical care as well as a daily stipend until you are able to return to work or your medical condition plateaus.
In addition, you may have a claim for other compensation if a condition aboard the commercial vessel made it unreasonably fit for its intended use or if the slightest negligence on the part of your employer contributed to your accident. Common accidents aboard commercial fishing boats for which you may be entitled to compensation include:
It is important that you contact an experienced and skilled commercial fishing accident attorney if you or a loved one suffers serious injury on a commercial fishing boat. Maritime law is very different from land-based workers’ compensation law, with its own filing deadlines and pleading requirements. Moreover, a qualified maritime lawyer knows the right questions to ask the owner/operator and witnesses, as well as the right evidence to gather to obtain the just compensation you deserve.
Commercial fishing is a dangerous occupation, with the phrase “the deadliest catch” applying to the conditions that can be experienced on real fishing boats. When limbs are caught in netting or rigging, or serious injuries occur due to slippery gangways, decks, or ladders, permanent and life-changing injuries can be experienced.
It is important not to accept a settlement before accurately measuring the long-term costs that are associated with your injuries. When you accept a settlement, that’s it. You receive the compensation included in the settlement and will be unable to pursue anything further for costs related to your injuries. That said, it is extremely important to work with a local commercial fishing accident lawyer to determine the extent of damages you are entitled to in your case prior to taking a settlement.
If your settlement only includes the emergency room costs and short-term lost wages, that is all you’ll be able to collect. Any long-term medical costs like surgeries, treatment, rehabilitation, and medications will not be covered. If your ability to earn an income is forever changed, a settlement eliminates your chances of seeking compensation for the change in your ability to support yourself and your family.
Falling through an open hatch and experiencing a catastrophic injury can leave you unable to work and unable to enjoy the same activities in life as before the injury. Proving that the cause of your injury was due to the negligence of someone or something else can be central to collecting compensation for your damages. Learning on your own how to apply the unique facts of your injury to legal concepts in order to build your claim can be difficult, so a commercial fishing accident lawyer from Brais Law Firm is standing by to help.
When another party is negligent, it means that they violated some duty towards you, causing an injury that resulted in harm or damages. It is a complex legal concept that you’ll need to apply to the facts of the situation in order to convince the negligent party (or often their insurance company) to cover your damages. This requires evidence, such as reports concerning your injury and the cause of it, cleaning and maintenance records of the vessel or location where you were injured, and other factors that can help prove your case.
When you are injured on a commercial fishing vessel or in dockside operations, the evidence that you can present in support of your case will determine if you are covered. An attorney from Brais Law Firm will use various legal instruments, like depositions, requests for production, and interrogatories, to gather information in favor of your case.
Determining whether or not another party was liable for the accident or incident that led to your commercial fishing injury will strongly impact the amount you receive in a settlement or whether you will win your case. You might not know where to begin to gather evidence from your employer, especially as you try to recover from your injuries. Your commercial fishing accident attorney knows exactly where to get started and will handle your entire case on your behalf.
As we’ve already discussed, many of the common accidents aboard commercial fishing boats that can entitle you to compensation are preventable. Employers are responsible for maintaining the safety and health of their employees and can be liable for injuries caused when this responsibility is breached. For example, improperly functioning machinery, crane malfunctions, poorly maintained equipment, broken safety guards, overloaded pods, and other such conditions that lead to injury would not occur were it not for the negligence of the boat owner and/or operator.
While many on-the-job injuries are governed by workers’ compensation law, Federal maritime law applies to claims that involve injuries to commercial fishermen. Through Federal maritime law, governed by the Federal Maritime Commission, it is clarified that a seaman who is injured through negligence or unseaworthiness of a vessel on which they were working will be entitled to compensatory damages through general maritime law and the Jones Act.
Determining which laws and statutes apply to your commercial fishing injury and how to apply them in your case to support a positive outcome can be difficult without extensive legal training and experience. This is one of the main benefits of working with a knowledgeable commercial fishing accident lawyer. We will discuss how we can help during your free initial consultation.
If you have lost a loved one to a commercial fishing accident, or they are unable to bring a claim themselves, you may have a right to bring a claim on their behalf. You could have a right to a survival claim or a wrongful death claim, depending on the applicable law and the unique facts and circumstances of your loved one’s injuries. Connecting with a commercial fishing accident lawyer who understands wrongful death in relation to maritime law will support the best possible outcome in your case.
According to the American Bar Association, the most important factor to consider when hiring a lawyer is experience. The experience of your lawyer in the area of law that your case is in and their level of experience and familiarity with the courts that your case could process through will determine how effectively they can serve you. The attorneys at Brais Law Firm have decades of combined experience representing the best interests of commercial fishermen who have experienced catastrophic and/or life-altering injuries on the job.
We are a client-centered firm, and we do whatever we can to make the most of each and every one of our client’s unique cases. Your initial consultation is free, so reach out as soon as possible to learn how we can help with your case.
Hiring an experienced commercial fishing accident attorney knowledgeable in this specialized area of law can be the difference in your case. The attorneys at the law firm of Brais Law Firm have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers, you may click email the firm, call 800-499-0551 from within the U.S., Skype BraisLaw worldwide, or click Contact Us to select and complete a form for a free evaluation of your case.
Your case will be handled by an experienced personal injury attorney who knows what it takes to get the results you deserve. The practitioners at our firm have over 70 years of collective trial experience. Our credentials and qualifications are extensive, including an “AV” Preeminent rating by Martindale-Hubbell and membership in the Multi-Million Dollar Advocates Forum. More importantly, we have a first-hand understanding of how insurance carriers operate because we represented clients insured with major insurance companies for nearly 20 years before we made a choice to change sides so that we could help the people who need us most – individuals just like you.
I highly recommend Brais Law Firm. Their professionalism and expertise were top notch. My slip and fall injury case involved a well known cruise ship and was nerve racking to me. They calmed all my fears and walked me through step by step. In the end they helped me obtain a favorable recovery. Look no further, call them with your…
Awesome team of legal professionals!! I can't thank Mr. Brais and his team enough for helping me through the worst experience of my life. Had it not been for their dedication to seeing things through. I would be in a very bad place. I highly recommend Brais Law firm.
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