You Can Collect Mental Anguish Damages Under the Jones Act

Injuries come in all different forms, from bone breaks to head trauma. These serious injuries can take a toll on you physically, as well as mentally. In the past, doctors did not place a lot of emphasis on the emotional aspect of coping with a traumatic injury, but things have changed. Physicians and juries now take into account the mental anguish caused by a maritime injury. The good news for injured maritime workers is that they can now recover monetary damages for mental anguish.

The Jones Act is a federal law that protects injured seamen. If you are considered a seaman, this law allows you to collect compensation during your recovery and provides damages for mental anguish, among other things. However, the law is complex when it comes to obtaining these damages. To be eligible for mental anguish damages, you must have been injured by negligence and one of the following took place:

  • You became extremely distressed after being exposed to a hazard that has the potential to cause a life threatening illness
  • You experienced mental pain from an injury
  • An accident put you into a dangerous situation where you were at risk of serious injury

It can be very difficult to collect damages for mental anguish. The law does not allow family members of a seaman who was killed in a maritime accident to obtain this compensation. Also, if you witnessed an accident or death of a co-worker, you are not eligible for mental anguish damages. There are some other exceptions that should be discussed with a Jones Act lawyer.

If you have been injured in a maritime accident, you need to contact an experienced Jones Act attorney. When it comes to filing a Jones Act claim, there are deadlines, so you do not want to delay in seeking legal advice.

Want to Know How You Can Wreck Your Jones Act Case?

Injuries come in all different forms, from bone breaks to head trauma. These serious injuries can take a toll on you physically, as well as mentally. In the past, doctors did not place a lot of emphasis on the emotional aspect of coping with a traumatic injury, but things have changed. Physicians and juries now take into account the mental anguish caused by a maritime injury. The good news for injured maritime workers is that they can now recover monetary damages for mental anguish.

The Jones Act is a federal law that protects injured seamen. If you are considered a seaman, this law allows you to collect compensation during your recovery and provides damages for mental anguish, among other things. However, the law is complex when it comes to obtaining these damages. To be eligible for mental anguish damages, you must have been injured by negligence and one of the following took place:

  • You became extremely distressed after being exposed to a hazard that has the potential to cause a life threatening illness
  • You experienced mental pain from an injury
  • An accident put you into a dangerous situation where you were at risk of serious injury

It can be very difficult to collect damages for mental anguish. The law does not allow family members of a seaman who was killed in a maritime accident to obtain this compensation. Also, if you witnessed an accident or death of a co-worker, you are not eligible for mental anguish damages. There are some other exceptions that should be discussed with a Jones Act lawyer.

If you have been injured in a maritime accident, you need to contact an experienced Jones Act attorney. When it comes to filing a Jones Act claim, there are deadlines, so you do not want to delay in seeking legal advice.

Jones Act Cases Involving Eye Injuries

It’s a good thing that the federal government designed a law, known as the Jones Act, to protect injured seamen. Every day on the job for a seaman is dangerous. There is the unpredictable sea and weather to contend with, along with heavy machinery, equipment and tackle. Injuries are inevitable. When maritime injuries are caused by negligence, the injured seaman can pursue compensation under the Jones Act.

Eye injuries are not as common as some of the other types of maritime injuries, but they do occur and when they do, the outcome is often life changing. When a seaman sustains an eye injury from a maritime accident, it can sometimes lead to blindness.

There are two main causes of eye injuries offshore – physical and chemical. Physical eye injuries are the result of an object, such as broken metal or glass, entering the eye. Chemical eye injuries occur when the seaman is exposed to chemical fumes or when a chemical comes into direct contact with the eye. Both types of eye injuries are painful and can be serious.

If you have sustained an eye injury and you believe that negligence either on the part of the vessel owner, captain, officers or crew members caused your maritime accident, you need to contact an experienced maritime attorney. You may be entitled to financial compensation for damages incurred from your injuries, contact our law firm as soon as possible to discuss your legal options.

Negotiating a Jones Act Settlement

One of the first questions that most injured seamen have after deciding to file a Jones Act claim is – how much is my maritime injury case worth? It is crucial to have an idea of what would be considered a fair Jones Act settlement, especially when talking with your employer’s insurance company.

Keep in mind that when you are contacted by the insurer following a maritime accident, they are not looking out for your best interest. Instead, the insurance company is going to work hard to pay as little money as possible for your maritime injuries. That is why it is important to not sign anything without the assistance of an experienced Jones Act attorney.

A Jones Act settlement should include compensation for any applicable damages, including past and future medical expenses, past and future lost wages, lost earning capacity, pain and suffering, disfigurement, mental anguish and any other costs associated with your maritime injuries. The insurance company may offer you a settlement that does not include all the damages in which you are entitled. As an injured Jones Act seaman, you deserve to be fully compensated.

If you try to negotiate with the insurance company on your own, you risk accepting a settlement that is far below what your claim is worth. Contact an experienced maritime injury lawyer at our law firm for legal advice regarding your Jones Act case.