Although in maritime law there is a high potential for the application and consideration of public international law, it is important to distinguish the practice of maritime law from the Law of the Sea, a United Nations Convention signed in 1982 that deals with sovereign matters between nations and their use of the oceans.

History

The practice of law as it applies to maritime affairs has a long history that dates back to Roman times. A tome found within the body of ancient Byzantine Laws coded sometime between the sixth and eighth centuries deals with matters such as: the conduct of sailors, how profits must be shared among the crew, and liability in cases of theft or damage. While other civilizations and cultures made their own contributions to maritime law, it was the establishment of admiralty courts in France and England shortly after the Crusades that is considered to be the most influential in developing today’s practice.

American Maritime Law

In the United States, maritime law has been practiced since the early days of the nation. In fact, one of the reasons the Seventh Amendment to the Constitution was enacted to make a clear distinction between the laws of the land and the law of the sea. Some of the founding fathers such as John Adams and Alexander Hamilton practiced admiralty law prior to their ascension to the political arena.

Jurisdiction over maritime law in the United States is constitutionally granted to federal courts, though applicability of state laws in admiralty law cases exists. Certain cases such as ship arrest (whereupon a vessel, its cargo and crew can be seized and held by a lawful authority) are required to be brought to federal court. Any other cases involving damages, injury, collisions, liens, piracy, torts, claims, etc., may be tried in either state or federal courts.

The Jones Act is a legal staple of admiralty law. Also known as the Merchant Marine Act of 1920, it deals with a variety of maritime issues. One of the most important provisions of the Jones Act is that it allows injured crew members to collect rightful compensation from vessel owners in case of injuries.

Maritime law is a highly nuanced area of law that demands legal representation by someone experienced in the field. If you have been hurt or injured at sea, always seek the assistance of an experienced maritime injury attorney, such as those at The Young Firm.

The Experience

There are over 5 million auto accidents in the country every year. This amounts to more than $200 billion in property damage. Sometimes the drivers are insured, but a surprising number of them are not. It is estimated that 16% of drivers are uninsured. For respectful, conscientious motorists, this is a frightening statistic.

The Process

If someone is affected by an uninsured driver, either directly or indirectly, the steps they take in the next few days are crucial.

• Remember the facts: Court cases are often won on the victim’s ability to prove fault. After you’ve been injured in an accident, it is imperative to start a journal and document not only what happened in the accident, but the effect your injuries have had on your life both financially and emotionally. The sooner the facts can be documented, the better. Stress and trauma can affect memory function. A speedy response is critical.

• Check the policy: The victim needs to check their policy to see how they are covered. Many policies include Uninsured Motorist Coverage (UMC), which protects drivers in cases like this. UMC covers the victim when they are hit by someone without insurance.

• Get a lawyer: Lawyers that understand insurance law should be able to help victims seek justice and compensation. Experienced lawyers in uninsured motorist accidents, such as those at the Law Offices of Maurice B. Smith, should understand the minutiae involved in motor vehicle cases and be able to help victims through every phase of the legal process.

The Aftermath

A victim’s only job is to recover from the ordeal they survived. The paperwork, negotiations and settlement should be handled by an experienced, compassionate personal injury lawyer.

Fortunately, there are experienced attorneys and law offices throughout the country (like Gilman Lawyers, for example) that can help. Insurance company adjustors are trained professionals. They will be fighting against you. A trained professional fighting on your side can help you get the financial settlement to which you may be legally entitled after a severe accident. In the case of serious personal injury, firms such as the Gaddy Jaramillo Law Firm and Barker, Rodems & Cook can review your case and determine if the settlement offer is fair or not.

Different legal options are available to you depending on the nature and circumstances of your accident. The vagaries of the law are not easy to navigate on your own. Professional accident attorneys that know the legal ins and outs of auto accidents like California Personal Injury Law Firm and DunnSmith have the legal expertise to fight aggressively on your behalf for a fair settlement.

Other firms focus on cases involving aviation accidents (like Gilman Aviation Law) or injuries caused by defective products (such as DisandroMalloy).

Motor vehicle accidents and the personal injuries that can result from them are not something to be taken lightly. Seek the professional legal counsel from a firm like Maurice Smith Law that can help you get your life back on track after you’ve been the victim of an injury accident. Insurance settlements in which reputable law firms are involved have a higher average value than those that don’t. Never settle for less than you deserve.

Factors That May Determine Personal Injury

While accidents happen everyday in a variety of settings, you may be informed by an Albuquerque personal injury attorney that certain accidents aren’t always entitled to any sort of extra compensation. If you are involved in a minor car accident, for example, you may only be entitled to what your insurance company offers to repair your vehicle. Or in the case of workplace accidents, no one may be found at fault and Workers Compensation may be all that you are entitled to.

However, an Albuquerque and Santa Fe personal injury lawyer can investigate your accident to determine if you’re entitled to compensation. Generally, you can be entitled to compensation if:

• The accident was caused by direct recklessness and/or negligence
• The accident was the result of a defective product
• The accident was caused by professional malpractice

These are just general instances that an Albuquerque personal injury lawyer may investigate to determine if your accident could have been prevented. If your personal injury lawyer determines that someone else is responsible, you may be entitled to monetary compensation for medical bills, lost wages, pain and suffering, and more.

Factors That May Determine the Amount of Compensation

Each accident case is unique and there are no hard or set rules about what kind of compensation you may be entitled to. There are many factors that go into what your Albuquerque personal injury attorney will argue you deserve. Some basic guidelines are compensation for:

• Medical expenses and long-term care
• Lost wages while unable to work
• Loss of future earning potential
• Inability to enjoy life as you did before the injury
• Pain and suffering

In the worst-case scenario if personal injury results in death, the next of kin may also be entitled to compensation for future lost wages, the loss of insurance, and even funeral expenses.

If you or a loved one has been injured in an accident, seek legal counsel to review your case and determine if you may be eligible to pursue compensation.

Product Liability

If a product was sold and caused you any type of injury you may have a case against the manufacturer, distributor, and/or retailer of the product. There are many different courses of action in a product liability claim, including: defective design, defective manufacturing, and defective and/or misleading marketing. Because there are many laws in place to protect consumers, a product liability case can be difficult and you’ll want an Albuquerque defective products lawyer to represent your interests in seeking any possible compensation.

Medical Malpractice

When we’re ill we place our trust in physicians to do all they can to treat us and help us regain our health. However, when a medical professional makes a serious error that causes you serious harm, you may be entitled to legal action. When an error results in serious injury or death from improper treatment, misdiagnosis, or surgical errors, for example, you may be entitled to compensation for things like future medical expenses and for pain and suffering. If you believe you’ve been the victim of medical malpractice, you’ll want to contact an Albuquerque or Santa Fe medical malpractice attorney to review your case and determine what type of legal action, if any, you may be entitled to.

Wrongful Death

Wrongful death applies to the loss of life due to the negligence and recklessness of someone else. This can be the result of anything from an auto accident to a faulty product and even medical malpractice. Whatever the cause of this unfortunate event, an Albuquerque or Santa Fe wrongful death attorney can review and investigate your case. If it is determined someone else is at fault, you may be able to seek compensation for current and future lost wages, funeral expenses, and pain and suffering. Again, you’ll want to contact a Santa Fe or Albuquerque personal injury attorney to investigate and review your case.

An unfortunate reality of life is that accidents happen on a daily basis and can have long-lasting effects on your life. Personal injury attorneys can review your case after an accident and fight to get you fair compensation from an insurance company or liable party.

Determining the full value of a spinal cord injury case can be difficult without proper legal assistance. Not only must you consider your current expenses and losses that have come about as a result of your injury, but your future expenses and losses. Spinal cord injury attorneys can help you determine how much money you will need to live with your injury so you have one less thing to worry about as you focus on adjusting to life with a spinal cord injury.

Keep in mind that many insurance companies offer victims low initial offers as they are trying to protect their own bottom line. Be sure to talk with an experienced personal injury lawyer in Santa Fe (or whatever city you live in) before you accept an insurance company’s offer. A good attorney can make sure your best interests are protected and fight for the money that you need and deserve.

Understanding Your Claim

A very general definition of person injury is a case in which an individual suffered injury from the negligence or wrongful conduct of another. Each personal injury case is unique and there are many different laws that apply to each. The laws surrounding auto accidents are far different from medical malpractice, for example. Injury attorneys, such as Donald A. Shapiro can help you understand your personal injury claim and determine if legal action can be taken.

Time is of the Essence

You’ll want to contact a personal injury attorney as soon as possible after your injury. In some instances, insurance companies may attempt to settle with you quickly. Your injury attorney can give you legal advice regarding any sort of settlement. Initially after an accident you may feel fine, or the offered settlement may seem satisfactory, but after an amount of time you may be stuck with expensive, long-term medical bills or a loss of income from being unable to work because of your injury. If your accident is a case where the insurance company may offer you a fast settlement, you’ll want to be represented by personal injury attorneys like Smalline and Harri.

Examples of Personal Injury

As you may guess, personal injury cases commonly revolve around injuries suffered in accidents, such as auto, work-related, or even slip and fall accidents. In reality, there are numerous types of cases represented by injury lawyers that you may never consider. Yet many of these lawyers, such as those at the Cooney Law Offices, P.S., have experience in handling a variety of personal injury cases. Some of the cases people may tend to forget about include:

• Product Liability: Instances when a defective product causes injury to a person. In these cases there can be a number of people at fault including the manufacturer or supplier. Attorneys like Kurasch & Kline, LTD have experience with product liability cases and may be able to assist you.
• Wrongful Death: These are cases when someone dies because of the negligence or harmful actions of another person. Some injury lawyers have experience handling wrongful death cases and may be able to help you seek damages. You’ll want to check with an attorney to find out more about the types of personal injury cases he or she handles.
• Nursing Home Negligence: The kinds of injuries suffered in this case are not from actions, but rather, the lack of action. Nursing home negligence is one of the types of personal injuries that can have long-term consequences and even result in the death of an elderly loved one. Attorneys like DiSandro & Malloy, P.C., have experience litigating nursing home neglect cases and you’ll want to contact a personal injury attorney if you suspect neglect is happening.

Personal injury covers a broad range of injuries and if you’ve been injured as a result of someone else’s negligence, you should contact a personal injury attorney to find out what legal options you may have.

What Are Personal Injury Suits?

A personal injury lawsuit is a way to hold any wrongdoers accountable for their actions. Personal injury attorneys, like those at Scharf & Dubinsky, P.A., handle many different types of personal injury cases.  Personal injury attorneys generally have experience with different types of cases including everything from auto to construction accidents and slip and fall accidents to even dog bites.

Why File a Personal Injury Suit?

If you are injured, you may be responsible for large medical bills, long-term expenses such as rehabilitation, and even lost wages. Injury attorneys can meet with you, go over your case, and possibly file a lawsuit for possible monetary compensation to help offset medical costs, lost wages, and even compensation for pain and suffering. Again, you’ll want to contact an experienced attorney or law firm like the California Personal Injury Law Firm for a consultation.

What Are Some Examples of Personal Injuries?

As mentioned above, there are many different kinds of personal injuries that you can suffer. Now that you know what a personal injury is and why you may want to file a lawsuit, here are some specific examples of personal injury:

• Auto Accidents – The most common form of personal injury. Whether you’ve been involved in a car, motorcycle, or semi truck accident, you should contact an auto accident attorney or auto accident law firm like the Airola Law Offices to learn about your rights and legal options.
• Construction Accidents – Accidents suffered on a construction job site can result in severe, life-long injures. These types of accidents may result in death and can leave a family emotionally and financially devastated. Construction site and workplace attorneys like those of Martinez, Hart & Thompson, P.C. can review your case and advise you of the best course of action to obtain justice.
• Slip and Fall Accidents – Sometimes we all take a bad step and lose our footing, but when we do so because of a poorly maintained property, you may want to talk to a slip and fall accident attorney to discuss what happened. If your fall was the result of negligence on the part of a property owner, law firms like the Moffett Law Firm, P.C., may be able to file a suit on your behalf.
• Brain Injury – A traumatic brain injury from any cause can have permanent effects on someone’s life. A qualified brain injury attorney can determine if someone is at fault for the traumatic event. There are attorneys  with experience in brain injury cases who can help you with legal action if it’s warranted by your claim.
• Dog Bites – These types of injuries are not trivial. They can be especially tragic if it’s a small child that is bitten. An experienced dog bite injury lawyer can determine if the owner of the animal is at fault. If it’s determined legal action can be taken, law offices like the Law Offices of Maurice B. Smith an represent your case and seek compensation from the dog’s owner.

This list is just a basic overview of some types of personal injury. There are so many different and unique types of injury that you’ll want to contact a personal injury attorney to determine if yours merits legal action.

Personal injuries can lead to long-term physical and emotional damage. If they are the result of someone else’s action or inaction, that person can be held responsible. Don’t wait until it’s too late. If you’ve been injured, seek the legal help you’re entitled to.

The amount of money workers’ compensation provides an injured employee varies from state to state, but usually covers medical expenses, workforce rehabilitation costs and a percentage of lost wages. Disability pay may be temporary or permanent based on the extent of your injury and is usually ½ – ¾ of your pre-injury salary.

While workers’ compensation covers 100% of your medical expenses, you may not be able to choose where you receive medical care. Depending on the state that you live in, you may have to receive medical care from an employer approved physician.

Hearings for workers’ compensation take place in workers’ compensation courts, which differ from the civil court system. For this reason, if you are having trouble collecting workers’ compensation from your employer, it is important to hire an attorney who thoroughly understands the workers’ compensation system and has experience handling workers’ compensation cases.

While injured workers are typically unable to sue employers for damages under workers’ compensation, situations exist where an employer’s gross negligence demands further legal action. A qualified workers’ compensation attorney can inform you of your legal rights and provide you with the advice you need to make informed decisions about your case.

Filing a workers’ compensation claim involves many steps and can be complicated. There are also certain deadlines you must meet in order to be eligible for workers’ compensation benefits. Hiring an experienced attorney is the best way to ensure that you get the benefits you need after being injured on the job.

While tort law allows you to be compensated for any damages you sustained due to someone else’s negligence, it does not cover harms you endure from a breach of contract where someone voluntarily makes an agreement defining a relationship with you. In this way, torts are expectations for behavior that are mandatory for all citizens. These expectations vary in different jurisdictions; so, if you are seeking damages under tort law or are being charged with negligence resulting in harm to another, it is in your best interest to contact an experienced personal injury lawyer or defense attorney so you are aware of your rights.

There are many different types of torts including, trespass, assault, battery, negligence, products liability (see Understanding Products Liability), nuisance and intentional affliction of emotional distress. If a tort is intentional, that is, if someone knows that their behavior may cause harm to someone else and chooses to do it anyway, you may be entitled to punitive damages as well as compensatory damages.

Punitive damages are awarded to the plaintiff as a punishment to the defendant and usually exceed actual damages caused by the defendant. Compensatory damages, on the other hand, allow a plaintiff to recover their damages and usually do not exceed the actual cost of those damages. In this way, the intentionality of a harm may allow you to pursue a civil as well as a criminal action against someone. It is important to be aware that damages from an injury may not only include compensation for medical bills, lost wages and other damages, but may also include compensation for future earnings potential and pain and suffering. An experienced personal injury lawyer should know the best course of action to take for your claim and help you obtain the recovery you are entitled to.

Typically, there are three types of defenses that exist for torts that you will want to be aware of if you are pursuing a lawsuit under tort law or are being tried under tort law: volenti non fit injuria, contributory negligence, and ex turpi causa non oritur actio. Volenti non fit injuria is Latin for “to the willing, no injury is done.” That means if you voluntarily consent to the risk of damage, either explicitly or implicitly, you accept responsibility should you incur any damages. For example, if you are a spectator at a baseball game and are hit by a foul ball, that is a risk you knowingly took when you went to the baseball game.

Contributory negligence (see Understanding Comparative (Fault) Liability) is an absolute defense in some states which prevents a plaintiff from receiving any compensation for their damages if they were to any degree at fault for their own injuries. Similar to contributory negligence is comparative negligence. Comparative negligence is a partial defense whereby the plaintiff and defendant are each partially responsible for the accident; therefore, the defendant is only required to pay a percentage of the damages and the plaintiff is responsible for covering the remaining portion of their damages. This reduces the amount of money owed by the defendant.

The final defense for torts is ex turpi causa non oritur action. This means “no right of action arises from a despicable cause.” If the plaintiff received their injuries while behaving illegally, the defendant may not be responsible for their injuries.

Tort law varies from state to state and it is important to seek the counsel of an attorney with expertise handling your type of claim. An experienced personal injury lawyer or accident attorney may be able to help you recover your damages if you are involved in a case involving tort law.