Jones Act Attorney Straight Talk: Proving And Winning Your Jones Act Lawsuit

Jones Act Attorney Straight Talk: Proving And Winning Your Jones Act Lawsuit

Jones Act Attorney Straight Talk

What do I mean by Jones Act Attorney Straight Talk? I always use plain English, with no sugarcoating, no lawyer talk, no double talk. Just old fashioned, unsweetened, unvarnished truth. If you Google “Jones Act Lawyer Straight Talk” or “Jones Act Attorney Straight Talk” you will find dozens of great articles that will help you win your Jones Act case. In this article, I explain the elements you will need to prove in order to win your Jones Act lawsuit.

A Jones Act Lawsuit

The Jones Act allows you – a Seaman – to sue your employer. A Jones Act case is a civil lawsuit that allows you to recover past and future wage loss, past and future medical treatment/ costs, past and future pain and suffering and past and future loss of enjoyment of life. However, just because you are a crew member on a vessel and get hurt, doesn’t automatically entitle you to these damages. Instead, you will need to prove your case. In most cases, you will need to prove your case to a jury.

Elements You Will Need To Prove

To prevail with your Jones Act negligence claim, you must prove the following elements:
1. Duty
2. Breach
3. Notice
4. Causation

Think of elements sort of like a recipe in a cook book. You will need to prove each of these elements in order to win your Jones Act case. Jones Act cases are brought against your employer.

Duties Owed To You By Your Employer

Your employer owes you a duty to provide you with a safe place to work. This includes providing you adequate equipment, an adequate crew, adequate training, and adequate supervision. In its simplest terms, if your employer fails to provide you with any of these, then they have breached their duty.

Your employer is liable under the Jones Act if your employer either knew or should have known of the dangerous condition at issue. Your employer has a duty to conduct an adequate inspection.

Under the Jones Act, your employer is liable for your damages if their negligence, including the negligence of the officers, agents, or co-employees, caused your injuries.

Featherweight Negligence

You are entitled to recovery under the Jones Act, if your employer’s negligence is the cause, in whole or in part, of your injuries. The terms slightest and featherweight describe the reduced standard of causation between your employer’s negligence and your injuries. This is what makes Jones Act claims so powerful.

Disclaimer

This Jones Act article is not legal advice. I am simplistic in order to achieve clarity. Your Jones Act case may differ from the circumstances described here. If you are a seriously injured Jones Act Seaman, you should hire the best Jones Act Attorney you can find. Whenever you are bringing a court case, your credibility is always at issue. Always tell the truth.

Bill Turley is California’s Leading Jones Act Lawyer. He was awarded Super Lawyer and has the highest AVVO Rating. He has the most comprehensive San Diego Jones Act Attorney website
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