Jones Act claims have a statute of limitations of three years.
What does this mean?
It means that you only have that amount of time to sue your employer or ship owner for negligence if you were injured.
Why Does the Jones Act Have a Statute of Limitations?
The history of the statute of limitations goes back to Roman law, encouraging plaintiffs to take action quickly while evidence is obtainable and witness memories are fresh and to discourage frivolous suits.
In general, the longer a person waits to sue, the harder it is for the court to determine what actually happened, and the more likely it is that the lawsuit is baseless.
For example, if you are hurt on a vessel because the owner failed to ensure proper safety onboard, you may choose to file a Jones Act claim.
However, if you waited five years to sue the ship owner about your slip and fall injury, the case would likely get bogged down by the difficulty of proving what injuries actually resulted from the fall. Your employer would likely try to demonstrate how your injuries could be attributed to other mishaps that may have occurred during the intervening years.
The Jones Act Statute of Limitations also protects ship owners against willfully frivolous suits. Suppose you slip and fall on your ship but decide not to sue because you only got a scrape or a bruise.
Four years later, you slip while shoveling snow out of your driveway, and from that point on, you experience debilitating back pain. If there was no statute of limitations, you might be tempted to sue the ship owner for the cost of treating your back by claiming that the pain originated from the fall on the ship.
Maintenance and Cure Benefits Have a Time Limit
The Jones Act gives seamen the power to sue ship owners for negligence. Additionally, the Jones Act creates a workers’ compensation system enabling you to obtain maintenance and cure benefits from your employer, no matter who was at fault for your maritime injury.
Yet, the maintenance and cure benefits you receive after a ship accident are not permanent.
Once a medical doctor determines you have reached MMI, your employer can stop paying out these benefits. This can happen even if you are still incapacitated and unable to return to work. In these instances, injured workers may benefit from taking legal action with the aid of a personal injury lawyer who can help them file a negligence claim.
A Negligence Claim Against Your Employer Can Complement Your Maintenance and Cure
Because maintenance and cure benefits have a time limit, it is essential that you also make a negligence claim against your employer if you are injured at sea. You will likely continue to have medical expenses when your maintenance and cure runs out, and your negligence claim can provide you with the compensation you need. This compensation can pay for your medical expenses, as well as payments for lost wages, physical pain, mental anguish, and lost future earning capacity.
Again, the statute of limitations applies under the Jones Act, so you only have three years to bring your lawsuit. It’s essential that you speak with a reputable and aggressive Jones Act lawyer right away since it can take time to build a strong body of evidence demonstrating negligence. Your attorney will investigate and collect evidence such as:
- Photographs of your injuries and the surrounding accident scene
- Surveillance camera footage of the accident, if available
- Witness statements
- Medical records showing your injuries, treatment, and diagnoses
- Accident reports to your supervisor
- Projected medical costs and recovery prognosis
Each case is unique, so the value of your claim will depend on your specific circumstances. Along with your maintenance and cure payments under the Jones Act, you could secure compensation for your future medical treatments, your pain and suffering, and your diminished earning capacity if you are permanently disabled. Remember that the clock is ticking from the date you are injured, so you must act quickly and speak with a maritime injury lawyer.
How Krist Law Firm Can Help With Your Jones Act Claim
At The Krist Law Firm, P.C., we are determined to help our injured clients get back on their feet by advocating on their behalf during every step of the compensation process. Whether you are a sailor, a rig worker, or another maritime employee, we can improve your chances of getting the compensation you deserve after a maritime accident.
Do not wait too long, or you risk losing your chance of seeking financial relief under the Jones Act. If you or a family member has been injured at sea, contact us today at (443) 234-0423 for a free consultation.