Do I Really Need a Jones Act Attorney?

If you are an injured seaman, maritime worker,  oil rig employee or other employee who was injured at sea of aboard a sea vessel, you may have many questions. One of your top questions may be: do I really need a Jones Act attorney? Many people are understandably wary of seeking legal help because they may have a preconceived notion that a lawyer will charge a lot or that they can handle things on their own. However, in the case of a Jones Act claim, it is almost never a good idea to proceed on your own.

Why Do I Need a Jones Act Attorney?

While there are many reasons you need a Jones Act attorney, the plain and simple answer is: you need a lawyer who specializes in Jones Act claims in order to protect your legal rights.

Dealing with an injury that occurs at sea or aboard a maritime/ocean vessel can be incredibly complex. In fact, the legal issues begin immediately after your injury, as you need to make a decision on whether to file a Jones Act claim, a claim under the Longshore and Harbor Workers Compensation Act, or a state worker’s compensation claim. Making the wrong decision here can cost you big time, as only Jones Act cases afford you with full compensation for all of your damages, including pain and suffering.

Once you have determined that your claim is, indeed, a Jones Act claim, you still need a lawyer. Unlike with workers compensation where you might be able to handle the claim on your own since the system is set up to make sure all workers are covered regardless of employer negligence, the requirements for a Jones Act claim are harder to meet.

You can’t simply prove your injury with a Jones Act case and expect that you will receive compensation. Instead, you will need to prove all required elements of the claim, including your eligibility based on your employment status and the negligence of your employer, which is a prerequisite to recovering. It can even be difficult to accurately prove damages, since you are entitled to compensation for future lost earnings which is an inherently speculative loss.

What About the Cost of a Jones Act Attorney?

A Jones Act attorney can help you to get compensation that you might not otherwise get on your own, making the cost of hiring a Jones Act lawyer well-worth it. Furthermore, and most importantly, you do not generally pay legal fees for a Jones Act attorney unless you are successfully in making a claim and in receiving compensation. This means you aren’t going to be taking the risk of paying expensive legal fees out of pocket if your claim is unsuccessful.

A Jones Act attorney will be your advocate and your voice in a legal system that has many complexities. The opportunity to maximize your financial recovery from your claim and to make sure you actually get the benefits that the law affords you is invaluable and a Jones Act attorney can give you that opportunity.