Savannah and Charleston Maritime Injury Attorneys

Your Most Valuable Asset: Our Experience

Maritime Personal Injury law is intensely fact-driven.  Minor differences can cause large swings, positively or negatively, in the outcome of your case.  It is critical to know the ramifications of your plan of action.

For example, is it always in the best interest of the injured employee to argue that Maritime Law applies?  No, not if that argument makes it easier for the vessel owner to claim they are entitled to limit their liability under the Limitation of Liability Act.

By way of further example, are the best interests of the injured worker served by arguing that he or she is a Jones Act seaman entitled to bring a lawsuit against the employer for a full range of damages, including non-financial damages such as pain and suffering – versus arguing that the worker is entitled to limited, but easier-proven compensation benefits, under the LHWCA?  Maybe not, if there is little or no evidence of fault on the part of the employer.

These are just a couple of preliminary strategic considerations to be made.  Further analysis will cover such issues as:

• Identification of all potential defendants
• Identification of the proper jurisdiction in which to sue
• Choosing between a State or Federal Court
• Determining whether to demand a jury trial or a bench (judge only) trial in a Federal Court

The bottom line is there is a complex interrelationship between various bodies of law and various court systems; an intricate combination of Jones Act, LHWCA, and/or State Worker’s compensation remedies may be involved in any given case.  State law may supplement federal general maritime law.

There may be two or more possible places to sue where one court may be a better place than another.  Are all the potentially responsible parties in the suit?  Can they all be sued in the selected court?  What are the limitations on the formal factual gathering (discovery) process?

The attorneys at Raley & Raley PC have the local knowledge and courtroom experience to “navigate the channel” holding the answers to these questions.

Located in Savannah, Raley & Raley, PC works with clients throughout the coastal area of Georgia and South Carolina.  Contact our office to speak to one of our experienced maritime personal injury lawyers.