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Your Personal Injury Toolkit

What Are My Rights?

You have the right to know what your rights are.

Injured persons usually don’t know what their rights are. Employers and insurers sometimes mislead injured mariners regarding their rights – either by accident or on purpose. For example, some maritime employers mistakenly treat maritime injuries as state workers compensation claims without ever advising the injured mariner of rights they have under federal law (including The Jones Act and general maritime law).

You have the right to have an attorney represent you.

Your attorney deals with your employer and insurance company adjuster on your behalf. Your attorney should be responsible for preparing your claim, negotiating to obtain the maximum benefits to which you are entitled, and assisting you in finding appropriate medical treatment. In many cases, you can have a role in selecting your health care providers.

You also have the right to have your case heard. In most circumstances, if you and your employer or insurance adjuster are unable to agree, you have the right to take your case to a judge or jury. Sometimes, matters of immediate importance (e.g., wrongful denial of maintenance, unpaid wages due, failure to provide medical treatment when warranted, etc.), may be taken up on shortened notice by motion filed in court. In almost all cases in which a claim is filed in court, a trial date will be set for resolution of the claim.

You have the right to not be made a victim a second time.

Injured persons are often victimized twice – first at the time of injury, and then once again as a result of what happens following the injury. This second “victimization” can come at the hands of overzealous adjusters, stingy employers, insurers solely interested in minimizing the loss from a claim, or even uninformed friends with good intentions. The best way to prevent becoming a victim a second time is to obtain immediate competent legal advice.

Retaining an attorney or legal representative is an important act that should not be based solely on advertising or solicitation – including by this web page or any other. A person’s rights may vary dramatically based on their specific situation, and the rights outlined on this page may not directly apply to your case.

For more information, please call us for a free initial evaluation of your specific case.

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Client Reviews

"Injury At Sea knows the maritime business from all angles…easy to work with, hardworking, straightforward, and professional. I was treated with care and concern. They were very helpful in my situation, told me exactly what to do, what to expect and the likely outcome. Five Stars."
– ChrisOrcas Island
“Having met with a few other attorneys who were honestly quite intimidating, I was very happy to find Sarah (I’m not from this country and was not prepared for the medical & legal processes!)! I felt like she genuinely cared about my recovery, and how I was progressing. My medical treatments took over a year, and the lengthy process of gathering statements and supporting docs, medical records, negotiating etc. meant that we were in contact for over 2 years! I was very happy with the amount we settled on after mediation. Great service, professional, compassionate, and won’t settle for less than their clients deserve 🙂 Thank you!”
– D.C.
“Melissa Westberg’s patience, diligence and professionalism was outstanding, but I was particularly shocked by the amount of settlement she managed to get me. I knew I was facing a particularly harsh insurer, and I did not have a huge amount of evidence for my case. An asset to your firm and a pleasure to deal with, I will be recommending Melissa Westberg whenever possible.”
– F.W.
“Melissa right away came to meet us and gave us her undivided attention and was eager to hear what happened. She made the process easy and simple us to understand. During our case Melissa always stayed in contact. She was always available for any questions we had. The one thing that we really enjoyed and loved about Melissa was [that] she cared. That’s the reason we referred Melissa to our son and anyone else they wants a attorney who cares for the people they are representing. Thank you Melissa for your time and a great job.”
– J.C.G.
“I just want to express my gratitude for your exquisite performance, research, and kindness over the last week. I truly felt that I was in good hands, and the outcome is proof of that! The last five years has been quite a journey, at times very dark, but today things feel brighter than ever. Thank you for shining a light on my story, for never wavering from your belief in me, and for 'bringing it home'. You, my friend, are the man. Thank you so very much.”
– S.L.
“Hiring Mr. Gooding was one of the best decisions I've made in my life. I was extremely impressed with his experience and knowledge at every stage of the proceedings. Mr. Gooding did his research and learned every little detail of my case. He was very passionate about his work. He took the extra time and effort to make sure everything was in order and correct. He also kept me informed of everything I needed to know and do to prepare for my case. James Gooding is a top-notch attorney. I highly recommend him to anyone in need of a personal injury attorney. I would higher him in a heartbeat if I was ever injured again. Thanks James for all your great work!!!”
– Anon
"Matt is smart, professional and was wonderful jumping in late in the case, getting ramped up quickly. He has the knowledge and patience explaining legal questions to me. Best think is he took the time to really listen to how this accident changed my life. He fought for me, my rights, and my recovery. I am truly grateful to Matt!"
– M.B.
"…When they said they would not give John a liver transplant, my heart sank…for the first time in my life I hated being poor because I could not save my child. No one wants to lose a child. I sat in his hospital room and just looked at him and felt helpless that there was nothing I could do…When I was told Injury At Sea had obtained a Court Order to make the Company pay I cried tears of relief…without this my son would have had no hope of living… Thank you to Injury At Sea."
– MaryMother of John
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