U.S. Maritime Lawyers and Law in the United States

Maritime law—also known as admiralty law—governs navigable waters and seaborne activity. In the U.S., it covers issues from personal injuries on vessels to cargo disputes and offshore accidents. Maritime lawyers specialize in this field, representing seamen, longshoremen, offshore workers, cruise line crew, and others injured on or connected to the water. They handle complex claims under federal statutes and general maritime law that often differ sharply from ordinary state laws. Unlike most workplace injuries governed by state workers’ compensation, maritime injuries can give rise to negligence suits, strict-liability unseaworthiness claims, and special compensation schemes. A maritime attorney helps clients navigate these specialized rules and procedures, filing claims in the proper court or administrative forum, meeting strict deadlines, and maximizing recovery.

Historical Overview of U.S. Admiralty and Maritime Law

The United States adopted admiralty jurisdiction early in its history. The Constitution extends federal judicial power to all cases of admiralty and maritime jurisdiction. The Judiciary Act of 1789 granted federal district courts exclusive original jurisdiction over all civil admiralty and maritime cases. U.S. maritime law was heavily influenced by English admiralty practice and international maritime codes, applied in a uniform federal system. Early cases interpreted admiralty jurisdiction broadly, covering marine insurance, contracts of carriage, collisions, and injuries on navigable waters.

Under the “saving to suitors” clause, state courts were allowed to hear many maritime contract and tort cases using common-law remedies. Over time, Congress enacted statutes addressing specific maritime issues: the Death on the High Seas Act (DOHSA), the Jones Act, and the Longshore and Harbor Workers’ Compensation Act (LHWCA). Federal courts continued to develop general maritime remedies to fill gaps in these statutes. The result is a comprehensive body of U.S. maritime law blending constitutional admiralty jurisdiction, federal statutes, and inherited maritime common law.

The Role of Maritime Lawyers

Maritime lawyers (admiralty attorneys) specialize in federal maritime law and procedure. They typically handle personal injury, wrongful death, or wage claims involving vessels and offshore structures. Clients include injured seamen, longshoremen, harbor workers, oil-rig and platform workers, cruise line employees, and passengers. These lawyers understand critical distinctions in maritime law, such as the special status of a “seaman” or procedural requirements for maritime liens. They assist in collecting evidence, determining applicable statutes, and pursuing claims for maintenance and cure and damages. They also advise corporate clients on compliance with maritime safety laws and litigate in federal courts under admiralty jurisdiction.

Key Federal Maritime Statutes

The Jones Act – Grants seamen a negligence cause of action against their employers for injuries suffered during employment. An injured seaman can sue the vessel owner or operator in federal or state court, with the right to a jury trial. Damages include wage loss, pain and suffering, medical expenses, and loss of earning capacity. Contributory negligence only reduces damages and does not bar recovery. The statute of limitations is three years.

The Longshore and Harbor Workers’ Compensation Act (LHWCA) – Provides a federal workers’ compensation scheme for certain maritime workers other than vessel crew. It covers longshoremen, harbor employees, shipbuilders, and dockworkers. Workers receive compensation benefits regardless of fault. Claims must be filed within one year of the injury. The LHWCA excludes seamen, who instead rely on the Jones Act and general maritime law.

The Death on the High Seas Act (DOHSA) – Covers fatal accidents occurring beyond three nautical miles from U.S. shores. It allows a decedent’s personal representative to sue for wrongful death. Damages are limited to pecuniary losses, such as lost wages and support. DOHSA applies to deaths on the high seas and restricts recovery to financial losses, without including punitive damages or emotional suffering.

Other statutes may apply depending on the situation, such as the Outer Continental Shelf Lands Act (OCSLA), which extends the LHWCA to offshore oil and gas platform workers.

Common Types of Maritime Injury and Negligence Claims

Maritime workers face many injury hazards, including falls, equipment malfunctions, toxic exposure, and collisions. Common legal claims include:

• Jones Act negligence claims: Injured seamen sue their employer for unsafe conditions, lack of training, or safety violations.
• Unseaworthiness claims: Vessel owners are strictly liable for injuries caused by unfit or hazardous vessel conditions.
• Maintenance and Cure: Seamen are entitled to living expenses and medical care until maximum recovery, regardless of fault.
• LHWCA claims: Longshoremen and dockworkers file for benefits under LHWCA after work injuries on navigable waters.
• Wrongful death claims: Family members sue under DOHSA or other laws for deaths at sea or onshore, depending on circumstances.

Each of these claims follows specific legal procedures and deadlines. Maritime attorneys often file multiple claims together to maximize recovery.

Legal Procedures and Jurisdiction in Maritime Cases

Federal courts have broad admiralty jurisdiction. Under the “saving to suitors” clause, plaintiffs can often file maritime tort or contract claims in state court. Jones Act and unseaworthiness claims can be filed in state court with a jury trial. Federal court handles in rem claims and many statutory causes.

Unique maritime procedures include vessel arrest (in rem claims) and maritime liens. Longshore injury claims follow administrative procedures under the LHWCA, beginning with a Department of Labor claim. Offshore injuries may be governed by OCSLA.

Maritime lawyers determine the proper jurisdiction, navigate complex rules, and advocate for their clients in the appropriate forum.

Comparative Negligence and Maintenance & Cure

Maritime law follows comparative fault principles. Under the Jones Act, damages are reduced by the injured worker’s share of fault but not eliminated. DOHSA follows a similar rule.

Maintenance and cure is owed to injured seamen regardless of fault. Employers must provide basic living expenses and medical care until maximum medical improvement. Failure to do so can result in additional legal penalties, including punitive damages.

Rights of Offshore and Seagoing Workers

Different types of maritime workers have distinct rights:

• Oil rig/platform workers: Usually covered by the LHWCA via OCSLA. They receive no-fault compensation benefits.
• Fishing vessel crew: Considered seamen with Jones Act rights, unseaworthiness claims, and maintenance and cure.
• Cargo/tanker ship crew: Classic Jones Act seamen, with full maritime protections.
• Cruise ship employees: Often covered under the Jones Act. Passenger claims vary by location and contract.

A maritime lawyer evaluates worker classification and applicable remedies.

Consulting and Hiring a Maritime Lawyer

Injured maritime workers should seek specialized legal counsel. Maritime attorneys usually offer free consultations and work on contingency fees. They assess the worker’s status, applicable law, and deadlines. Prompt legal action is critical due to strict time limits.

Lawyers collect evidence, file claims, negotiate with insurers, and litigate in court or before administrative agencies. Choosing an experienced maritime lawyer ensures full protection of legal rights.

Example Case Outcomes and Precedents

Maritime case law supports significant recovery for injured workers. Courts have affirmed:

• The right to punitive damages for failure to provide maintenance and cure.
• Strict liability for unseaworthy vessels.
• Comparative negligence rules that reduce but do not bar recovery.
• Full damages under the Jones Act for employer negligence.

Outcomes vary based on injury severity, evidence, and legal representation.

Frequently Asked Questions

Q: What is the deadline for filing a maritime claim? A: Jones Act and maritime tort claims must be filed within three years. LHWCA claims must be filed within one year of injury.

Q: Does my employer automatically pay compensation? A: No. Under the Jones Act, negligence must be proven. Under LHWCA, benefits are automatic if the claim is valid. Maintenance and cure is always owed to seamen.

Q: Can I sue if I was partly at fault? A: Yes. Maritime law follows comparative fault rules.

Q: Does workers’ compensation cover maritime injuries? A: Not usually. Federal maritime statutes like the Jones Act and LHWCA typically apply.

Q: Do I have to pay an hourly fee to a maritime lawyer? A: Most work on contingency—no fee unless they recover damages.

Q: Who is liable under the Jones Act? A: Employers are liable for negligence. Shipowners may also be liable for unseaworthiness.

Q: What if my employer had insurance? A: Employers usually carry liability insurance. Your lawyer will negotiate with insurers.

Q: Are there special rules for cruise ship injuries or deaths? A: Yes. Crew are often covered by the Jones Act. Passenger claims may fall under DOHSA or other laws.

Q: What is maintenance and cure? A: It is a seaman’s right to food, lodging, and medical care while recovering from injury.

Q: If I die, can my family sue? A: Yes, under the Jones Act, DOHSA, or general maritime law, depending on the location and cause of death.

Consulting an experienced maritime attorney is the best way to understand your rights and pursue your legal remedies.