Difference between Initial Jones Act Settlements and a Fair Value of Damages
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For Jones Act settlements, many injured seamen are quick to take any offer given by their employer. A Louisiana maritime attorney in New Orleans can offer advice on a Jones Act claim.
In general, Jones Act settlements have a positive effect on seamen. According to the Seafarers International Union, the Jones Act had created close to 500,000 jobs in 2009. The Jones Act also allows injured seamen to recover compensation for injuries that occur while working on a vessel. If the injury was caused by the employer, the seaman has many legal remedies available.
There are also many types of damages injured seamen receive in a Jones Act claim leading to future Jones Act settlements. An initial settlement by the employer may not represent a fair value for all the possible damages, so it is important to have a Louisiana maritime attorney in New Orleans review any offers before quickly settling.
Types of Damages
While an initial settlement by the employer or the insurance company will typically yield a much lower value, a lawyer can assess the value of all the damages that could possibly involved in Jones Act settlements. Insurance companies want to settle for the lowest amount possible, yet make an offer that sounds irresistible to the injured worker, which is why it is important to consult with a lawyer first.
It is best to take everything into consideration when aiming for sufficient Jones Act settlements. The damages that can be claimed include:
• Medical bills – Not only will a New Orleans maritime lawyer look at the current medical bills, but also anticipate future medical expenses, such as ongoing treatment. A report from the doctor will help the lawyer determine an estimate.
• Lost wages – Any income lost due to the injury can be compensated in a lawsuit. Therefore, it is important to accurately track time off.
• Lost benefits – If the injury lasts for an extended period of time, the seaman could end up losing his or her job. Jobs often comes with benefits, such as medical insurance. If the seaman loses his or her benefits, he or she may be able to seek reimbursement for benefits through a Jones Act lawsuit.
• Emotional damages – An initial settlement will rarely include pain and suffering, but this is an important element of an injury lawsuit. Many people experience pain with an injury, as well as depression or stress. A New Orleans maritime lawyer can contact the doctor and see if any reports include a high level of pain or mental distress.
Calculating a Value
There is no specific formula for determining exactly how much an individual injury case is worth. It will depend on the severity of the injuries, as well as the circumstances. In addition, some courts look at previous awards that were similar in nature and assign a value accordingly. A New Orleans maritime lawyer can review a case thoroughly and assess a value based on the damages.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
There are also many types of damages injured seamen receive in a Jones Act claim leading to future Jones Act settlements. An initial settlement by the employer may not represent a fair value for all the possible damages, so it is important to have a Louisiana maritime attorney in New Orleans review any offers before quickly settling.
Types of Damages
While an initial settlement by the employer or the insurance company will typically yield a much lower value, a lawyer can assess the value of all the damages that could possibly involved in Jones Act settlements. Insurance companies want to settle for the lowest amount possible, yet make an offer that sounds irresistible to the injured worker, which is why it is important to consult with a lawyer first.
It is best to take everything into consideration when aiming for sufficient Jones Act settlements. The damages that can be claimed include:
• Medical bills – Not only will a New Orleans maritime lawyer look at the current medical bills, but also anticipate future medical expenses, such as ongoing treatment. A report from the doctor will help the lawyer determine an estimate.
• Lost wages – Any income lost due to the injury can be compensated in a lawsuit. Therefore, it is important to accurately track time off.
• Lost benefits – If the injury lasts for an extended period of time, the seaman could end up losing his or her job. Jobs often comes with benefits, such as medical insurance. If the seaman loses his or her benefits, he or she may be able to seek reimbursement for benefits through a Jones Act lawsuit.
• Emotional damages – An initial settlement will rarely include pain and suffering, but this is an important element of an injury lawsuit. Many people experience pain with an injury, as well as depression or stress. A New Orleans maritime lawyer can contact the doctor and see if any reports include a high level of pain or mental distress.
Calculating a Value
There is no specific formula for determining exactly how much an individual injury case is worth. It will depend on the severity of the injuries, as well as the circumstances. In addition, some courts look at previous awards that were similar in nature and assign a value accordingly. A New Orleans maritime lawyer can review a case thoroughly and assess a value based on the damages.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime/admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
