This is often one of the first questions that our clients ask us. Whether they are injured maritime workers or they have lost a loved one in a maritime accident, the people who come to us want an end to their financial and emotional burdens and proper payment for their pain and suffering.
Unfortunately, there is no easy answer to how much a person may recover by filing a maritime injury lawsuit. Every case has its own variables, facts, and legal issues that will determine the potential value of the case. That said, there are certain types of damages that can be recovered, and typical factors that influence these kinds of cases.
Factors That Can Affect Compensation in a Maritime Injury Case
While each case is different, many of our clients are able to recover compensation for monetary losses related to the injury. This often includes medical expenses, rehabilitation costs, past wage losses, and the ability to earn a living in the future. There may also be an amount recoverable for pain and suffering damages.
At Hofmann & Schweitzer, we examine the details of your case and estimate the value of the claim based on:
- Liability. A case will not be worth anything if an injured party cannot prove fault. We examine whether negligence can be proven, and whether the strength of the evidence is sufficient to convince a defendant to settle or convince a judge of negligence.
- The severity of the injury. We examine the total and combined costs of the injury, including how much they have already cost and how they are likely to impact the seaman’s future. If the injury has resulted in disability, we must estimate losses that result from the seamen’s inability to work again, or vocational losses caused by early retirement or changing jobs.
- Defendant’s financial condition. The amount and limits of the defendant’s insurance greatly impact potential recovery, as does the defendant’s conduct with regard to safety and adherence to state and federal laws.
We encourage you to find out more about your rights if you have suffered from a maritime injury. Contact one of our New York and New Jersey maritime accident attorneys today via our online contact form, or call 800-362-9329 and let an experienced maritime injury lawyer provide you with an opinion about how much your maritime injury case is worth. For more information on your case, be sure to download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.