Texas Maritime and Offshore Injury Lawyers

Legal Help for Victims of Maritime and Offshore Accidents

Maritime accidents occur during activities on or relating to the sea. Both work-related accidents and recreational accidents can occur. Maritime accidents involve watercraft of all shapes and types, from small boats to massive cruise ships.

If you have been injured at sea, call the experienced maritime lawyers at Thomas J. Henry Law.

Read more


Contact Us for a Free Case Review

Accidents and Injuries on the Water and at Sea

Throughout the Gulf of Mexico, the coastal regions of Texas, Louisiana, Mississippi, Alabama, and Florida, and on inland waters, oil and gas industry employees, seamen, fishermen, drillers, dockworkers, and recreational water-goers are exposed to dangerous conditions on the high seas.

Although the many hazards of working or enjoying recreational activities at sea are well known, no one can truly be prepared for a fatal accident to happen to a family member or friend.

Maritime incidents which can lead to injury, property damage, and death include:

  • Cruise ship accidents
  • Offshore oil rig accidents
  • Marine crane accidents
  • Commercial fishing boat accidents
  • Tanker, cargo ship, and barge accidents
  • Shipyard accidents

Important Laws Pertaining to Maritime Accidents

Many maritime injury claims are governed by the Jones Act or General Maritime Law also known as Admiralty Law. Maritime law is a distinct body of law which governs maritime questions and offenses. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. It also covers many commercial activities, even land-based, if they are maritime in character.

Filing a Jones Act Claim

Seamen and maritime workers have special rights under federal law, including the ability to sue an employer or the ship’s owner for negligence under the Jones Act. This operative provision is found at 46 U.S.C § 688 (a) and provides that: “Any sailor who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right to trial by jury, and in such action, all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply…”

With regard to the Jones Act, keep these important notes in mind:

  • Any worker who spends less than 30% of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act.
  • An action under the Act may be brought either in a U.S. federal court or in a state court.
  • The seaman/plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing it.

Under the Jones Act, the burden of proof is much lower, meaning victims whose injuries were at all caused by the negligence of the employer may be entitled to compensation. Injured victims are entitled to collect damages just like any other personal injury case, including medical costs, lost wages, future earnings, and pain and suffering.

Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form

Your Maritime and Offshore Accident Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a maritime accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.

By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.

If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.

Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.

To learn more about what it takes to speak with an injury attorney about your claim here.

The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we when their case.

Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.

This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.

Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.

In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.

Most lawyers prefer not to work on contingency cases for two reasons:

  • There is a risk the firm will be paid nothing
  • Any payment is delayed until money is collected from the opposing party

Generally, a lawyer who accepts contingency fee cases:

  • Regularly represents clients who lack the financial resources to pay hourly attorneys fees (as is often the case for personal injury victims).
  • Is more selective about the cases they accept.
  • Is very confident in their ability to win the cases they choose to handle.

In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.

Learn more about how to estimate the value of your personal injury claim here.

When you win your Texas personal injury case, there is a multitude of damages you can recover depending on the facts of your case. From past and future medical expenses to lost wages to pain and suffering, a jury will look at the facts of your case to determine exactly what types of compensation you are entitled to.

Among the most common damages recovered in personal injury lawsuits are:

Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.

Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that have already been lost, loss of earning capacity seeks damages based on future income.

Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.

Property loss – If any of your property was damaged or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.

Pain and suffering – If your injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.

Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.

Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.

Why Choose Us

Help & Information

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

Our Locations

Real Stories

Recent Results

This is just a small sampling of the results we have obtained for our clients. Please click through to view more verdicts, settlements, and judgments.

Blog

Customer Reviews

News & Press

Contact Us for a Free Case Review

info@tjhlaw.com

Contact Form
Loading...
Do you really want to end conversation?
chat-icon Live chat
avatar Waiting