How Much Can I Get for My Maritime Injury Claim?

Working on a vessel or offshore can be dangerous, and if you’ve been harmed while performing your duties, you’re likely asking yourself, how much can I get for my maritime injury claim? The truth is that the compensation varies widely depending on several factors specific to your situation. Maritime workers face unique risks, from heavy machinery accidents to unpredictable weather, and fortunately, legal protections exist to help injured seamen recover financial indemnity. At Armstrong Lee & Baker LLP, we’ve successfully guided numerous clients in Houston through the process of understanding their rights and securing fair settlements for their maritime afflictions.

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In this blog, we’ll explore the main factors that influence your potential recovery and the types of damages you may be eligible to receive.

The Amount You Can Get for a Maritime Injury Claim Depends on Many Factors, Including:

Injury Severity

One of the most significant factors in determining your compensation is the seriousness of your injury. The more severe the damage, the higher the potential settlement. This includes the initial severity, the duration of recovery, and whether you’ll suffer long-term or permanent harm. For example, minor lesions such as sprains or superficial wounds generally result in smaller payouts compared to catastrophic ones like traumatic brain injuries, spinal cord damage, or amputations.

Due to the hazardous nature of maritime jobs, workers are frequently exposed to environments where serious tragedies occur. According to a 2022 study by Safety4Sea evaluating maritime occupational harm and fatalities, accidents at sea are common, with injuries ranging from fractures to life-threatening trauma. Your agreement will consider the type of lesion, the medical attention required, and the long-lasting effects on your quality of life.

The severity is also critical in determining recovery time and any permanent damage sustained. An empirical analysis, as discussed in a Science Direct study, underscores how more serious injuries often result in higher compensation due to the complexity of medical care and extended recovery periods.

Liability

Another key factor in assessing the value of your claim is determining liability for the accident. Under maritime law, it’s vital to demonstrate that your employer or another party acted recklessly or negligently, directly leading to your impairment. The stronger your proof of negligence, the higher your potential settlement is likely to be, especially in cases of severe injuries.

In some instances, liability may be shared, which can reduce the overall value of your claim. For example, if you were found to be partially at fault for your lesion, the compensation could be proportionately decreased. This concept, known as “comparative negligence,” plays a vital role in these cases.

Defendant’s Financial Condition

The defendant’s financial condition, whether it’s your employer or the vessel’s owner, can also affect the amount of your agreement. Large companies or shipowners with significant assets and robust insurance policies may be able to pay larger settlements compared to smaller employers with limited financial resources.

A defendant’s insurance coverage plays a major role in how much indemnity you can realistically expect. If the company responsible for your injury is adequately covered, you are more likely to recover a substantial settlement.

Time Lost from Work

The time you’ve missed from work and how your impairment affects your future earning capacity will also play a role in determining your settlement. In some instances, injured maritime workers may be unable to work for only a few weeks, while others might face permanent limitations that prevent them from returning to their previous jobs due to their afflictions.

The calculation of lost salaries is fairly straightforward for shorter-term lesions. However, if your impairment prevents you from ever working in the same capacity again, your settlement may include remuneration for lost future earnings. The more your injury impacts your ability to earn a living, the more you could potentially recover in your claim.

Attorney’s Experience and Skill

Your attorney’s expertise and experience can significantly influence your settlement outcome. A seasoned maritime injury team enhances your chances of achieving a favorable result. They will understand the intricacies of maritime law and associated regulations and can assist you in navigating complex legal procedures, collecting essential evidence, and negotiating a just settlement.

At Armstrong Lee & Baker LLP, our legal team is highly skilled in handling maritime law cases. We’ve represented numerous injured workers in Houston and have seen how the correct legal strategy can significantly improve the outcome, often resulting in more significant settlements for our clients.

Types of Compensation

Once you’ve established liability and calculated the impact of the injury on your life, you’ll be entitled to various forms of compensation or “damages.” The main remuneration categories in a maritime injury claim typically include medical expenses, maintenance and cure, lost wages, and pain and suffering.

Medical Expenses

The claims often result in significant medical expenses, including the cost of initial emergency treatment, ongoing medical care, rehabilitation, and even long-term care if the injury is severe. Your request will cover the cost of surgery, hospital stays, physical therapy, and any other necessary treatments.

Your settlement should account for both past and future medical expenses. You may need ongoing care even if you’ve already received medical treatment.

Maintenance and Cure

Under general maritime law, injured workers are entitled to maintenance and cure, a form of remuneration designed to cover basic living expenses and healthcare treatment until they’ve reached maximum medical improvement. Maintenance generally covers rent, utilities, and food, while cure refers to medical bills.

They are also often provided regardless of who was at fault for the incident, but disputes over the amount can arise. Employers sometimes attempt to minimize these payments, so having an attorney is critical to ensure you receive what you’re entitled to.

Lost Wages

As previously mentioned, a crucial aspect of your settlement will involve lost wages. If your injury has necessitated time away from work, you can seek reimbursement for the earnings you would have accrued during that time. This encompasses not just your base salary but also any bonuses, overtime pay, and additional financial benefits you may have forfeited due to your impairment.

If your lesion has long-term repercussions on your ability to work, you may be entitled to compensation for future lost wages. For instance, if you cannot return to your previous role as a seaman due to your lesion, you may receive payment for the difference between your anticipated earnings in that role and what you can earn in a new, less physically demanding position.

Pain and Suffering

In addition to economic damages like medical expenses and lost income, maritime injury requests usually include compensation for emotional distress. This type of damage is designed to indemnify you for the physical pain and psychological suffering caused by your impairment. These are subjective and vary widely depending on the severity of the damage and the long-term impact on your life.

Emotional trauma, mental anguish, and loss of enjoyment of life can all be factored into this category. The more serious the injury and the more significant its impact on your day-to-day life, the more you could receive in your settlement.

Factors That Can Lower Your Compensation

While many elements can increase the amount you receive for your claim, numerous circumstances may reduce your remuneration. Being aware of these potential issues can help you navigate the process more effectively.

• Shared Liability: If you are found partially responsible for the accident, your compensation may be reduced under the principle of comparative negligence. For example, if the court determines you were 30% at fault, your settlement could be reduced by 30%. This means that a $100,000 settlement could be reduced to $70,000 based on your percentage of fault.
• Failure to Follow Safety Protocols: Not adhering to established safety procedures can also lower them. If it is determined that your actions contributed to the accident due to safety violations, the defense may use this to argue for a smaller settlement. Employers can state that, had you followed protocols, the injury may not have occurred, which could significantly impact your claim.
• Delayed Medical Treatment: Seeking immediate healthcare attention is vital. If you delay treatment, the defendant may argue that your injuries are not as critical as claimed or that the delay worsened your condition. Lack of prompt medical documentation weakens your case, potentially lowering the payment. Early treatment helps build a stronger case by providing medical records that support the extent of your damages.

Understanding these factors can help you prepare and make informed decisions, guaranteeing you take the necessary steps to maximize your request.

Navigating the Complexities of Maritime Injury Claims

A maritime injury can instantly alter your life, both physically and emotionally. The legal process of determining compensation involves evaluating your impairment’s severity, proving liability, and calculating lost wages based on various factors.

At Armstrong Lee & Baker LLP, we are dedicated maritime injury attorneys committed to securing the indemnity you deserve. Let our experienced team guide you through the legal process. Contact us today to schedule a consultation and discuss your options for your case.

Scott Armstrong

Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.

Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.

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