Will You Receive Punitive Damages After a New York Maritime Accident?
Frustrated may not begin to describe how you feel when your maritime employer delays or denies paying you maintenance and cure after an accident. As an injured seaman, your right to maintenance and cure payments begins as soon as you are injured. However, not every employer protects your rights. Instead, some choose to try to save some money by denying you all or part of the payments to which you are legally entitled.
Without the help of a New York maritime attorney it can be hard to recover the damages to which you are entitled. However, with the help of a New York maritime lawyer you may be able to recover not only the maintenance and cure payments which should have been provided to you but also punitive damages.
When Punitive Damages May Be Ordered
In 2009, the United States Supreme Court issued an important maritime ruling. The Court's decision in Atlantic Sounding v Townsend found that an injured seaman could recover punitive damages from an employer who willfully withheld maintenance and cure damages. As part of its reasoning, the Court emphasized that punitive damages have historically been allowed at common law for willful, wanton or outrageous conduct.
How a New York Maritime Injury Lawyer Will Help if Rightful Maintenance and Cure Has Been Denied
The primary goal of a maritime lawyer is to help you get what is legally yours. Your lawyer works for you and will fight for not only the maintenance and cure payments which have been wrongfully denied to you but also for any punitive damages to which you may be legally entitled.
For more information about your rights and your potential legal recovery, please call an experienced and compassionate New York maritime injury lawyer at 1-800-3-MAY-DAY. We look forward to helping you get the recovery that you deserve!