BLOG

Maritime Claims Now Include Punitive Damages


The Supreme Court has recently made a decision that may drastically affect maritime injury claims. Timothy Young, an attorney for the Young Firm of new Orleans, has recently written a blog article about this decision. Young was able to break this down in a clear and understandable way. A few of the main points he has written about this will be summarized here.

Supreme Court’s Maritime Decision

maritime injury claim is made for losses due to accidents that involve ships, barges, and tow boats deemed as unseaworthy. The Jones Act is the law that governs these claims. For more details on this, click here to read a previous article on maritime injury claims.

The recent decision made by the United States Supreme Court in regards to maritime law had to do with punitive damages. In addition to maintenance and care damages, injured seamen can now be awarded punitive damages.

This decision was made during the case of Edgar Townsend, a crewmember of the Motor Tug Thomas who injured his arm and shoulder on deck and filed a claim under the Jones Act. His employer denied the claim.

The Addition of Punitive Damages

Thanks to the employer neglecting to take responsibility, punitive damages are now added to what is covered under the Jones Act. This may seem odd yet it is interesting to think that because the employer denied the claim, Townsend filed a suit against his employer for willfull and arbitrary failure to pay maintenance and care.

It was this second suit that brought the Supreme Court decision to add punitive damages to be covered under the Jones Act. Employers ought to consider their conduct in how they treat their employees. As Young writes, “Now a Jones Act employer may think twice before wrongfully denying medical treatment and compensation to an injured seaman.”

Learn More...


September 6, 2012

Working On Work Safety

There are few things as scary and frustrating as getting injured at work. Even i...


September 17, 2009

Limits to Who can File a Maritime Injury Claim

The notion of what a maritime injury claim is seems pretty self explanatory. It...


October 9, 2009

Unspecified Injuries Claimed Under Jones Act

Maritime injuries can be troublesome to deal with, as are most injuries. What ma...

Do I Have A Case?

We offer free consultation. No office visit required, we will get back to you within 24 hours.

  • This field is for validation purposes and should be left unchanged.

 

What can we do for you?

  • Answer your legal question.
  • Provide a Free Case Evaluation.
  • Schedule an appointment.

 

Why
Choose Us?

  • Available 24/7
  • Trusted Since 1990
  • Local to You
  • Recovered $350,000,000
  • 5 Star Reviews
  • Free Case Evaluation
  • VIP Service
  • No Win, No Fee

Latest Law Post


October 23, 2019

New California Law Extends Time For Filing Child Sexual Abuse Claims

On October 13, 2019, California Governor Gavin Newsom signed a law allowing victims of child sex abuse additional time to report the abuse and file lawsuits. A flurry of allegations of Catholic priest sexual abuse of minors, as well as former U.S. Olympic gymnastics team doctor Larry Nassar’s 2018 conviction, led to the introduction of the legislation.


October 15, 2019

Zantac Recalled In All Markets

GlaxoSmithKline said on October 8, 2019 that it was recalling their popular heartburn medication Zantac in all markets as a precaution. This comes mere days after the U.S. Food and Drug Administration (FDA) found “unacceptable” levels of the carcinogen NDMA in the medicine.

 

We are Personal Injury Lawyers representing accident victims throughout California.
For 30 years, the law firm of Nadrich & Cohen, LLP has helped injury victims
obtain the compensation they deserve.