Settling a Jones Act Claim Out of Court
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There are times when settling a Jones Act claim out of court may lead to more compensation and ultimately be the best option for an injured maritime worker.
Maritime workers who are hurt on the job because of their employers' negligence, the negligence of a coworker or the unseaworthiness of the vessel may be due compensation through a Jones Act claim. Unfortunately, many workers balk at this idea. Spending days on end in a courtroom? Hashing it out with their employer? No thanks. But settling out of court can help save time, energy and, ultimately, result in more money for the victim.
It’s a common misconception about legal claims and one that’s often wrong. Many Jones Act claims actually never see the courtroom. Instead, settling out of court may be the better option.
Out-of-Court Settlement vs. Trial
The bottom line: When a case goes to trial, there’s no telling which side will win. It’s impossible to predict what a judge or jury will decide or how much they will award the plaintiff – if anything. In short, neither party has control over the matter beyond presenting their cases.
Choosing to go the settlement route offers both the defendant and the plaintiff some control in the outcome of the claim. They can determine a fair and accurate amount to cover the plaintiff’s damages; they can keep their names out of court; and they can save lots of time, energy and effort, as well as legal costs. If either party is unsure about the strength of their case, settling out of court may be the best route to take.
Getting a settlement offer doesn’t necessarily mean a case won’t go to court, however. If a plaintiff and his or her attorney believe the trial will be a success, they may choose to refuse any settlement offers, and the trial will proceed. Additionally, if the settlement offer just isn’t enough and the defense won’t budge on the amount, a trial may be best.
Is the settlement offer fair?
While settling out of court can be easier on both parties, it’s important that victims are careful not to settle for less than they are due. They should compare the settlement offer to what they likely are to get in the courtroom.
Particularly, they should ask themselves:
• How likely is it I would have won in court? If it is highly likely, an extremely low-ball offer just doesn’t make sense.
• How liable was the employer in the accident? This could affect compensation in court.
• How long has it been? In court, if a case has been pending for a long time, the defendant may be ordered to pay interest on the final damages. This should be considered in any settlement offer.
• What is my financial need? Workers should ensure the settlement offer pays for medical bills, lost income, etc.
Victims injured on the job in a maritime environment should always consult a qualified maritime attorney before proceeding with any legal case. An attorney will be able to guide a client to the best route for compensation, be it settling out of court or heading to trial.
ABOUT THE AUTHOR: The Young Firm
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.
It’s a common misconception about legal claims and one that’s often wrong. Many Jones Act claims actually never see the courtroom. Instead, settling out of court may be the better option.
Out-of-Court Settlement vs. Trial
The bottom line: When a case goes to trial, there’s no telling which side will win. It’s impossible to predict what a judge or jury will decide or how much they will award the plaintiff – if anything. In short, neither party has control over the matter beyond presenting their cases.
Choosing to go the settlement route offers both the defendant and the plaintiff some control in the outcome of the claim. They can determine a fair and accurate amount to cover the plaintiff’s damages; they can keep their names out of court; and they can save lots of time, energy and effort, as well as legal costs. If either party is unsure about the strength of their case, settling out of court may be the best route to take.
Getting a settlement offer doesn’t necessarily mean a case won’t go to court, however. If a plaintiff and his or her attorney believe the trial will be a success, they may choose to refuse any settlement offers, and the trial will proceed. Additionally, if the settlement offer just isn’t enough and the defense won’t budge on the amount, a trial may be best.
Is the settlement offer fair?
While settling out of court can be easier on both parties, it’s important that victims are careful not to settle for less than they are due. They should compare the settlement offer to what they likely are to get in the courtroom.
Particularly, they should ask themselves:
• How likely is it I would have won in court? If it is highly likely, an extremely low-ball offer just doesn’t make sense.
• How liable was the employer in the accident? This could affect compensation in court.
• How long has it been? In court, if a case has been pending for a long time, the defendant may be ordered to pay interest on the final damages. This should be considered in any settlement offer.
• What is my financial need? Workers should ensure the settlement offer pays for medical bills, lost income, etc.
Victims injured on the job in a maritime environment should always consult a qualified maritime attorney before proceeding with any legal case. An attorney will be able to guide a client to the best route for compensation, be it settling out of court or heading to trial.
ABOUT THE AUTHOR: The Young Firm
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.
