Jones Act Settlements

A typical Jones Act settlement may include maintenance and cure payments, medical bills, lost wages, pain and suffering damages and other damages calculated by your maritime attorney.

Jones Act Settlement Damages

Most Jones Act claims end in a settlement. Maritime companies know that going to a jury trial may result in a massive verdict in favor of an injured seaman. Therefore, the general preference is to settle the claim quickly. A Jones Act settlement can include:

• Maintenance and cure payments
• Medical expenses incurred
• Lost wages
• Lost potential earning capacity
• Pain and suffering damages
• Emotional anguish
• Loss of comfort and companionship
• Damages for disability and disfigurement

The process towards a settlement may be a long one. It's rare to find a maritime employer who comes forward voluntarily to pay every cent that the Jones Act seaman deserves. Your maritime attorney, your employer's attorneys and the insurer will engage in lengthy negotiations to settle your claim.

While most Jones Act claims end in a settlement, it's very important that you do not choose a maritime lawyer who prefers to settle with your employer. A Jones Act claim can include a number of damages that are included to ensure that you end up with a substantial payout. The settlement you receive must be sufficient to take care of your daily and basic needs, cover the costs of your family's upkeep for the rest of your life if you're not going to be able to work again, as well as compensate you for the mental and emotional trauma you have been put through.

If your employer does not offer you a settlement like this, your maritime lawyer must be prepared to go to trial to fight for you.

At Schechter McElwee Shaffer and Harris, we take on every case and prepare for it like we're going to trial. We know there is an overwhelming chance that your case may end at the settlement stage. However, we want our clients and their employers to know that we are ready to go to trial if the need arises. Employers know perfectly well which maritime lawyers prefer to settle quietly, and which ones are not afraid to take them to court. Guess which lawyers are better equipped to handle employers.

If you have a question about your Jones Act settlement, contact a maritime attorney at our offices for a free initial consultation about your case. We work on a contingency basis. This means that you don't have to pay us anything until we are able to obtain your Jones Act settlement, or win a verdict in your favor.

Arthur L. Schechter, Matthew D. Shaffer and Jonathan S. Harris are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.

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August 2010 Texas Injury Lawyer Newsletter

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