The Jones Act was enacted initially in 1920 by the U.S. Congress to protect seamen that have work-related injuries. The Jones Act will protect an eligible seaman’s beneficiary in the case of death. Both offshore seamen as well inland seaman, those working on rivers and waterways, are protected.
Obviously, Hawaii’s remote location in the Pacific Ocean makes the Jones Act much more prevalent in daily life. Also, trucking and railroads cannot be used for shipping from Hawaii to other states. Since cargo shipping is the most common way to import and export goods, the consumers face higher prices. With this said, the Jones Act has been under debate in Hawaii for quite some time.
Under the Jones Act, a ship or vessel includes different water-going vessels, ships, or other floating or movable rigs. They include but are not limited to various barges, tankers, diving vessels, research vessels, fishing vessels, cargo ships, drill ships, and many others.
Jones Act claims can be heard in either a state or federal court proceeding. If you have been injured in a maritime-related injury and live in Hawaii, contacting a Jones Act lawyer should be done immediately. A reputable Jones Act lawyer can determine whether a case will benefit more on the state or federal level.
Legal damages may be recovered under the Jones Act. Income lost from the time of the injury until the trial as well as future income may be recovered. According to the Jones Act, seamen are entitled to reasonable medical expense coverage as well as compensation for mental anguish, disfigurement, pain, and suffering.
If you reside in Hawaii, filing a Jones Act claim in Hawaii will most likely benefit you greatly. This will allow for medical attention from a doctor in the area. If a Jones Act claim is filed in the state of Hawaii, the trial will follow Hawaii state court procedures.
The statute of limitation is three years for most Jones Act claims. In other words, a claim must be made within three years of the injury. No matter how serious the injury may be, be sure to file a claim as soon as possible.
Interpretation of the Jones Act can be difficult. An experienced Jones Act lawyer is capable of doing interpreting the act in regards to your particular case. Hiring a reputable Jones Act lawyer will increase the chances of receiving the benefits that you deserve. Attorney fees may vary depending on various factors.
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