Blog

Day Law Group

3 Facts You Should Know About the Jones Act.

The Merchant Marine Act of 1920, more commonly known as the Jones Act , is the foundational federal law that governs the maritime industry in the United States. While lots of laws can be complicated and confusing, admiralty law or maritime law is in a class by itself.  Maritime law has its own substantive and procedural rules that are separate and distinct from common law and it takes years to master its nuances. However, it has some basic concepts as well. Here are 3 things that you should know about the Jones Act. Only a Seaman Can Sue His Employer for...

Continue reading

Yes, You Can Afford Legal Representation for Your Personal Injury Case. Here’s Why.

“You need an attorney.” Those words can strike fear into the hearts of many people. That’s because most people think they can’t afford to hire an attorney when they need one. But that’s not always true. For many cases — including most personal injury cases— you can afford to hire an attorney. How can we say that? Because it costs you nothing. How You Can Afford to Hire Counsel for Your Personal Injury Case.   The reason why you can afford to hire counsel for your personal injury case is because most attorneys handle personal injury cases on a contingency fee basis. Attorneys generally get paid...

Continue reading

A Brief Explanation of “Negligence” In Personal Injury Cases.

If you have been injured due to the carelessness of someone else, you may want to bring a personal injury action to recover for your medical expenses and any property damage you may have suffered. If that’s your situation, you will want to understand the concept of “negligence” when it comes to personal injury actions. There’s Negligence, Then There’s Negligence in Louisiana. One thing you should know is that in law, the term “personal injury” covers a lot of ground.  A personal injury case can be anything from being injured in a car accident, to slipping and falling, to exposure to...

Continue reading

What is Toxic Tort Litigation?

Remember the movie, Erin Brockovich?  That movie told the story of a legal assistant’s discovery that Pacific Gas & Electric had been poisoning the water supply in the town of Hinkley, California for 30 years. Or how about John Travolta’s 1999 movie, A Civil Action? That was based on the true story of 8 Woburn, Massachusetts families whose children and spouses contracted and died of leukemia after the local water was contaminated by W.R. Grace Co told the story. Why bring up movies in a law blog? Because these movies are examples of toxic torts. Toxic Tort Litigation. A toxic tort is a legal claim...

Continue reading

Are You Eligible Under the Longshore and Harbor Workers’ Compensation Act (LHWCA) for Compensation for Your Shipyard Injury?

You can probably recite the articles of the Constitution that give you the right to not incriminate yourself, the right to free speech, or the right to bear arms, but how about the constitutional article that dictates which law (federal or state) governs maritime (“admiralty”) cases? Give up? It’s Article III of the Constitution. Article III gives the federal court original jurisdiction over all cases of admiralty or maritime law. As far back as 1789, Congress granted to the district courts exclusive original jurisdiction in civil cases in admiralty and maritime matters. Why not give that power to the state courts? Because maritime suits often...

Continue reading

Why You Need to Act Under the Jones Act if You Are an Injured Riverboat or Offshore Oil Rig Crewmember.

If you work on land and are injured during the course of your employment, in exchange for waiving your right to sue your employer for negligence, you can recover for your lost wages and medical expenses through the workers’ compensation provided by your employer. State workers' compensation statutes are intended to eliminate the need for litigation, by having the employee give up his/her potential claim for pain-and-suffering awards, in exchange for not having to prove that his/her employer was negligent. But, what if you don’t have a land-based job? What if you work in Louisiana’s maritime industry? Then you will need to look...

Continue reading

What Is a Wrongful Death Lawsuit?

Is there any recourse for you if your loved one dies because of the negligence of someone else, say, in a car accident, trucking accident or due to a botched operation? Yes. What is a Wrongful Death Lawsuit? When someone dies as the result of the negligence or intentional actions of another, the surviving members of the victim’s family can bring a civil lawsuit for “wrongful death” against the person legally liable for causing the person’s death. Which of the surviving members of the victim’s family can actually bring the wrongful death lawsuit, (i.e., who can be the “representative”) varies from state to...

Continue reading

The Number One Most Common and Dangerous Cause of Maritime Accidents Whether at Sea or During Dry Dock.

On a boat, surrounded by water, you might not think that this would be the number one killer of sailors and seamen, but it is. No, it’s not being washed overboard, or falling from a height or getting caught up in the cables. It’s fire. Fires Onboard. Whether out to sea or in dry dock, the most common cause of fatalities and significant damage to the ship’s property is a fire. Fires can start in a number of ways. Engine Rooms, Fires and Explosions. The most vulnerable part of any ship when it comes to fire is the ship’s engine room. Engine-room fires are common because of...

Continue reading

Not Always Smooth Sailing: 3 Common On-Board Accidents That Could Kill You.

The Port of South Louisiana on the Mississippi river is the nation's largest port in terms of tonnage. The port handles more than half of all American grain exports. About 60,000 barges along with 4,500 to 5,000 deep-draft vessels come through the port each year. Whether you work on the river or aboard one of the huge ships waiting to take on cargo, working in the shipping industry is dangerous business. In addition to slipping and falling (a common occurrence on ships) here are 3 of the most dangerous situations riverboat mariners regularly encounter. Being Thrown Overboard. Falling overboard is...

Continue reading

Injured at Work? Not Doing This Just Might Get You Denied Coverage.

If you get injured while on the job, there are some things you should do to protect your rights and your health. File a Report. The first thing you need to do if you are injured on the job is to file an injury report with your employer. Failing to do this within 24-48 hours after the accident could get you denied worker’s compensation. If your employer doesn’t have worker’s compensation, then you need to file whatever type of injury report your employer accepts. Again, if you do not do this, you may get denied whatever alternative injury coverage your employer...

Continue reading