Maritime law asserts that the owner of a vessel can be subjected to liability for damages or losses that occur during a vessel’s voyage. Nevertheless, many ship owners venture to dodge taking responsibility for events that cause injury and deaths that happen on their vessel under what is known as the Limitation of Liability Act. This Act permits owners of vessels in particular cases to limit their liability if the unseaworthy condition of the vessel creating the loss transpired without their knowledge.
The Act includes personal injury losses such as loss of cargo, vessel collisions, loss of merchandise, loss of life, and personal injury of a seaman. Injured seamen suddenly realize the consequence that this Act presents in planning the amount of money feasible for their injuries since the liability is restricted to the value of the vessel and its “freight then pending” following the time the loss transpired. This could propose that an offshore worker who has sustained injury or property loss will not be fully covered in their injury or other loss claim. Thus, the Act has frequently been scrutinized for being antiquated in the face of newer methods that make it simpler to invest in maritime commerce without the fear of extensive liability. But, the Act still performs a dominating function in limiting the amount of damages that an offshore worker can get.
Tactical Maritime Lawyer Representation
Our tactical and aggressive handling of offshore injury claims has given us repetitive knowledge of the Act and how it works in real life circumstances. Because of this, we grasp how the Act will play out in your case scenario and facts and understand when a shipowner may endeavor to limit their legal responsibility after an offshore accident or fatality happens. A personal injury lawyer at the Testa Law Group can assist you in proving that the owner of the vessel had either full or partial knowledge of the unsafe working circumstances that created your injury-causing accident. As you know, absent this evidence, your prospects for recovery dwindle dramatically and may be short in covering your actual losses, particularly if numerous claimants are concerned.
A limitation action requires a stay of all other pending litigation proceedings and also a consolidation of all claims into one proceeding. The reasons for this is to assemble the assets and prioritize the claims in case the value of the vessel, and its freight is inadequate to cover the claims for money damages. In the event the shipowner wins in limiting liability, then the claimants are limited to their pro rata shares, or put in other words the injured workers are given a proportion of money that is calculated by several restricting factors. This is troubling, particularly for the families of offshore workers that are dependent on the injured worker’s salary to put bread on the table. If you or a loved one were injured in an offshore accident, then make the correct decision for your family and future, by contacting a dedicated offshore maritime injury lawyer at the Testa Law Group to start getting the strong legal assistance you require to win the maximum amount of money in your offshore injury lawsuit. To understand and ask how we can assist you and your family on your road to recovery, please call (877) 780-9052 to schedule a free complimentary consultation with an experienced offshore injury lawyer.
Mr. Testa, a Limitation of Liability Act with a national practice who represents members of our society who have been seriously injured or killed due to the irresponsible acts of an individual or company. He is licensed to practice law in Texas, Louisiana, and Florida and admitted to practice in the Southern District of Texas and also in the United States Court of International Trade.