Were you injured in a maritime accident off the coast of Tampa, FL? Maritime injury cases involve a complex set of laws that not every personal injury attorney understands. Having an experienced Tampa maritime accident lawyer in your corner is critical. Our experienced team at Winters & Yonker Personal Injury Lawyers has the tools to help you maximize your financial recovery.
We put over 119 years of combined experience to work in every case we take on. Our proven track record of success includes tens of millions of dollars recovered on behalf of injury victims across the Tampa Bay area.
Now, you can count on us to use our experience to your advantage. Just contact our law offices in Tampa, Florida, at (813) 223-6200 to schedule a free consultation today.
Why Call Winters & Yonker Personal Injury Lawyers for Help After a Maritime Accident Off the Coast of Tampa?
Maritime accident claims aren’t the same as ordinary boating accident cases. Complex laws and legal procedures will govern your case. You deserve a Tampa personal injury attorney who understands the rules just as well as the defendants will.
At Winters & Yonker Personal Injury Lawyers, we have well over a century of combined experience fighting for injury victims like you.
When you hire our trusted team to handle your case, you’ll benefit from lawyers who will:
- Carefully investigate your maritime injury case
- Evaluate all legal options for recovering the maximum compensation possible
- Collect evidence and build your case
- Defend you against victim-blaming strategies designed to reduce your financial award
- Hire maritime experts who can testify on your behalf
- Determine how much compensation you really deserve
- Negotiate with the other side for the maximum compensation available
Recovering compensation for maritime injuries can be a difficult process. You deserve time to recover from your injuries without worrying about a legal battle. Call our Tampa personal injury lawyers to learn more about how we can protect you through the process.
How Do I Recover Compensation After a Maritime Accident in Florida?
The process of recovering compensation for maritime injuries depends on the laws that apply in your case. It’s possible that Florida personal injury laws could govern your case. It’s also possible that federal maritime laws will apply if you were injured while working aboard a vessel or in connection with the maritime industry.
Jones Act Claims
The Merchant Marine Act of 1920, also known as the Jones Act, provides compensation to injured maritime workers who qualify as “seamen.” The law is similar to state workers’ compensation laws.
In the most general terms, a seaman is someone who:
- Plays a substantial role in contributing to the function of the vessel and the accomplishment of its mission, or
- Has a substantial, direct connection to the ship
Injured seamen qualify for “maintenance and cure” benefits without proof of negligence. “Maintenance” benefits cover your living expenses during recovery. “Cure” benefits cover your medical expenses. As long as the injury happened during the course of employment, you will qualify for maintenance and cure.
However, Jones Act claims are different from workers’ compensation claims. Injured seamen can qualify for additional damages if they can prove their employer failed to maintain the vessel in seaworthy condition. In other words, if you can prove negligence, you can sue for additional damages.
Longshore Harbor Workers’ Compensation Act
Not all maritime workers qualify as seamen. If you don’t meet the definition of seaman, you may be entitled to seek compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
You may qualify for LHWCA benefits if you work on:
- Terminals
- Docks or piers
- Wharves
- Shipyards
- The navigable waters of the United States, even if you don’t quality as a seaman
LHWCA benefits are similar to state workers’ compensation benefits. The nature of your disability benefits will depend on the type of injury you’ve suffered and how it impacts your ability to work. Both temporary and permanent disability benefits are available.
Personal Injury Cases
It’s also possible that you could have a valid personal injury case against the party who is responsible for your accident and injuries. Like any car accident case, these claims are typically based on negligence.
Proof of negligence requires proof about:
- The defendant’s legal duty of care
- Breach of duty
- Causation
- Damages
Regardless of the circumstances, our experienced attorneys have the tools to help you establish your right to compensation. Contact us today to learn more about your legal rights and options.
Our Attorneys in Tampa Handle All Types of Maritime Injury Cases
At Winters & Yonker Personal Injury Lawyers, we have the skills to handle any type of maritime accident case, including those involving:
- Cruise ship accidents
- Shrimp boat accidents
- Commercial fishing accidents
- Jack-up rig accidents
- Accidents involving marine cranes
- Tugboat accidents
- Offshore oil rig accidents
- Barge accidents
- Cargo ship accidents
- Shipyard accidents
- Deck accidents
- Crude oil tanker accidents
- Diving support vessel accidents
If you were injured aboard a vessel at sea, don’t hesitate to reach out to our personal injury law firm in Tampa today. We offer free consultations, so there’s never any risk or obligation.
What Types of Damages Are Available to Maritime Accident Victims in Tampa?
Victims can seek compensation for economic and non-economic damages.
Depending on the facts and governing law, you could be entitled to compensation for:
- Past and future medical expenses
- Maintenance and cure
- Temporary total disability benefits
- Temporary partial disability benefits
- Permanent total disability benefits
- Permanent partial disability benefits
- Reduced earning potential
- Physical therapy
- Rehabilitation
- Property damage
- Pain and suffering
- Emotional distress
- Humiliation
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
However, you can only recover non-economic damages if you have proof of your employer’s negligence in Jones Act cases or if you’re eligible to file a personal injury case.
How Much Does It Cost To Hire a Personal Injury Lawyer to Handle My Maritime Accident Case?
Winters & Yonker Personal Injury Lawyers works on a contingency fee basis. Rather than charging flat fees or hourly rates, we take a set percentage of your settlement or verdict when we recover compensation in your case.
Under this structure, you can hire us without paying any fees upfront. From there, we only get paid if we recover compensation for you.
Can I Recover Damages if I’m Being Blamed for a Maritime Accident in Florida?
You can receive benefits under the Jones Act or LHWCA even if you caused your own injuries.
Florida’s modified comparative negligence law only applies in cases governed by state law. If state law does apply, you lose your right to compensation only if your share of fault exceeds 50%.
We’ll Fight To Recover Compensation for All of Your Maritime Accident Injuries
A wide range of injuries is possible when you’re involved in an accident at sea.
Our lawyers in Tampa often handle maritime injury claims where the victim has suffered:
- Head and neck injuries
- Concussions
- Back injuries
- Broken bones
- Infection caused by puncture wounds
- Nerve damage
- Hypothermia
- Soft tissue damage
- Traumatic brain injuries
- Brain damage caused by oxygen deprivation and near-drowning
- Spinal cord damage
- Shoulder injuries
- Dislocations
- Internal organ damage
- Crushing injuries
- Burns
- Degloving injuries
- Amputations
- Paralysis
- Catastrophic injuries and wrongful death
Seek medical attention or first aid aboard the vessel. If your injuries are severe, it may be necessary to radio the coast guard for assistance. Once you can, don’t hesitate to reach out to our Tampa maritime accident attorneys for legal advice even as you continue to recover from your injuries.
What Causes Most Maritime Accidents in Tampa?
Maritime accidents happen for all different reasons. Often, they occur because someone is careless.
Some of the most common causes of maritime accidents include:
- Communication failures
- Missing safety protection or equipment
- Damaged work equipment
- Falls overboard
- Fires or explosions
- Electrocutions
- Dangerous conditions aboard the vessel
- Slick or slippery decks
- Exposure to toxic substances or materials
- Failure to properly train or supervise employees
- Intentional violence
Remember that you may qualify for compensation even if you were responsible for your own injuries. Maritime injury cases can be complicated by many factors. Evidence about what happened at sea can be more difficult to locate than evidence on land. Our lawyers in Tampa are ready to get to work immediately, so give us a call today
How Long Do I Have To File a Claim for Compensation After a Maritime Accident in Florida?
The deadline for taking legal action depends on the law that applies in your case. You should always notify your employer as soon as possible. In Junes Act cases, you must notify your employer within seven days of your injury. Injured maritime workers then have three years to file a formal Jones Act claim.
If your case is governed by the LHWCA, you have 30 days to notify your employer about your accident and injury claim.
If Florida state law applies, the statute of limitations gives you two years to file a personal injury lawsuit.
There can be multiple time limits to keep track of in maritime accident cases, and there are also exceptions to these laws that can adjust deadlines. Contacting us as soon as you can to get help is strongly recommended so that we can help you assert your rights on time.
Call a Tampa Maritime Accident Lawyer for a Free Initial Consultation
If you were injured in a maritime accident, call a Tampa maritime accident lawyer for a free consultation today. Our team at Winters & Yonker Personal Injury Lawyers will do everything possible to help you make a full financial recovery.
