Discussed in this article: The Jones Act, Death on the High Seas, and Maritime claims.
Maritime law, often called admiralty law, is a set of legal rules and practices governing the business of employment and transportation of people and goods over or near navigable waters. If you have been injured while employed by a vessel or while you were a social guest on a vessel, it is important to consult with attorney as soon as possible to help you understand what conditions must be met to apply maritime law.
According to the United States Coast Guard, in the past decade, there has been an increase in registered boats and personal watercraft (PWC) in the United States. In particular, the use of personal watercraft, such as Jet-Skis and other brands, has exploded since the 1990s. Not surprisingly, the United States Coast Guard also reports that each year there has been an increase in boating accidents that have resulted in serious injuries and sometimes death. If you have been injured on a boat, while boating or while engaged in other water sport activities, contact our experienced personal injury attorneys today to learn more about your legal rights. You may be entitled to compensation for your injuries.
Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual’s death. Pre-trial, out of court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff’s recovery from any other defendant is thereby reduced. Additionally, the plaintiff’s release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. In other words, the released defendant is out of the action, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury.
As a procedural matter, the court takes any evidence of…
The severity of injuries suffered in a serious aviation accident depends on many factors. Most people assume there isn’t very much an individual can do to protect themselves. However, there are some general safety tips to follow when you travel by air.
In addition to a civil claim against individuals or entities for causing an aviation accident, the government may also pursue criminal sanctions. Both the federal government and individual states can impose criminal sanctions in cases involving aviation. Although the classifications and details may vary between them, most states impose criminal sanctions on aviators for reckless conduct that leads to injury, death, or property damage.
While pilot error usually plays a part in aircraft accidents but problems with the aircraft or its component parts may contribute to the accident or the severity of injuries suffered. In those cases, the manufacturer of the aircraft, or the manufacturer of a component part, may share the legal blame with pilots for the crashes or for the injuries the accident caused under the legal theory of strict liability.
According to the Federal Aviation Administration (FAA) air travel is expected to double over the next 20 years. As air traffic increases so does the risk of an aviation accident. Generally, air traffic is considered to be a safe means of transportation, but when accidents do occur they often result in absolute fatalities. Smaller, less serious accidents involving private aircraft are more frequent than people realize because most of these airline incidents are unreported.
There is really no standard definition of bad faith, but most states define bad faith as unreasonable or unfair conduct by an insurance company. There are a number of actions by an insurer that are considered bad faith by the courts. These FAQs can help you understand what insurance bad faith is.
There are several defenses that an insurance company that is sued for bad faith may raise. Some of the more common defenses are discussed below. In addition to the defenses set forth below, some states have statutes governing bad faith actions that provide for specific defenses. If you have questions about the possible defenses available to the insurance company in your bad faith action, talk to an attorney…
There are a number of actions and omissions that amount to bad faith on the part of the insurance company. One example of bad faith is an insurer’s unreasonable denial of an insurance claim. Another example is an insurer’s wrongful failure to defend the insured in a suit by an injured third party. The following article briefly explains first-party and third-party bad faith and sets forth several examples of conduct that courts have held constituted bad faith. If you believe that your insurance company has acted in bad faith in handling your claim, talk to an attorney who has experience handling bad faith claims.
In the event your business becomes involved in litigation, knowledge of courtroom procedure is essential. Courtroom procedure can be complicated, and knowing what to expect can enable a business to prepare effectively. In addition, state and federal law govern procedural issues; depending on the jurisdiction and the specific court involved, there may be notable procedural differences.
If you are faced with litigation involving a business transaction or any aspect of your business, our lawyers can provide additional assistance and counsel regarding your jurisdiction, court, and possible legal options for your situation.
Litigation Procedure
There are many steps that a litigant must follow when pursuing a judicial resolution to an issue. The civil litigation process is relatively uniform and is controlled by federal or state court rules. The process itself involves a considerable volume of work, whether or not the case actually goes to trial. Required tasks include everything from filing an initial pleading such as a complaint, subsequent pleadings such as an answer or possibly counterclaims or third-party actions, to pursuing an appeal if the judgment is found to be unsatisfactory. The steps that are usually involved in litigation are:
- Filing of an initial pleading and response
- Motions (requests that a judge do something like allow specific evidence)
- Discovery including depositions and interrogatories
- Pretrial conferences to organize how the trial will proceed
- Trial
- Judgment
- Appeals
A business contemplating bringing or defending a lawsuit would be well served by consulting with a seasoned trial attorney like the trial lawyers of Stolpman, Krissman, Elber & Silver, LLP, to better understand all of the legal options.