Have you been injured in a maritime accident near Stuart, Florida? Don’t hesitate to call Kibbey Wagner Injury & Car Accident Lawyers at (772) 444-7000 for a free consultation. You have rights and protections under federal maritime law, including the ability to pursue compensation for your work-related injuries. Our experienced Stuart maritime accident lawyers can help you fight for every cent you deserve.
Since our opening, maritime workers in Florida have trusted Kibbey Wagner Injury & Car Accident Lawyers to help them navigate complex legal claims in the wake of serious workplace accidents. As award-winning Florida trial attorneys with 80+ years of combined experience, we’ve helped clients recover $500 million (and counting) in benefits, settlements, and verdicts at trial.
Don’t settle for less than what your maritime injury claim is worth. Don’t let the insurance company push you around. Demand top results by choosing our top-rated team to take charge of your fight for compensation.
Why Choose Kibbey Wagner Injury & Car Accident Lawyers To Help You After a Maritime Accident in Stuart, FL
Experience matters in complex maritime injury claims in Stuart, FL. At Kibbey Wagner Injury & Car Accident Lawyers, our attorneys understand the federal maritime laws that can affect your case, know how to build strong claims with compelling evidence, and have a proven record of helping injured maritime workers recover substantial compensation.
Committed to excellence in every aspect of our legal representation, members of our legal team are:
- Board Certified in Civil Trial Law
- The National Trial Lawyers Top 100
- Top 40 Under 40 Litigators
- Florida Super Lawyers and Rising Stars
- Former insurance defense attorneys
We’re fearless advocates who won’t back down until you’re fully compensated for your maritime injuries, no matter the lengths to which we have to go to get the insurance company to make things right.
There’s limited time to assert a claim, so it’s important to reach out and schedule a free case review with a Stuart personal injury attorney as soon as you can. We’re available to take your call 24 hours a day, 7 days a week.
What Is a Maritime Accident?
Maritime accidents are those related to the “normal operation of a marine vessel,” usually on navigable waters, on fixed structures in the ocean, or at a port.
Common types of maritime accidents include:
- Commercial fishing accidents
- Oil rig accidents
- Offshore gas and oil exploration accidents
- Drilling accidents
- Tanker accidents
- Tugboat accidents
- Shipbuilding accidents
- Cruise ship accidents
- Fires and explosions
- Slip and fall accidents on boats, ships, and docks
- Barge accidents
- Dredging accidents
Since Florida doesn’t have jurisdiction over the ocean or navigable waters, maritime activities are subject to federal law and regulations. As a maritime worker, you have many protections under federal maritime law. When you get hurt in connection with your job as a maritime worker, those laws extend certain rights to you – including the ability to pursue monetary compensation for related costs and monetary losses.
Understanding Your Rights as an Injured Worker Under Federal Maritime Law
Federal maritime laws offer many protections to maritime workers in Stuart, Florida. The specific laws that might apply when you’re injured on the job will generally depend on where you get hurt, your specific job responsibilities, and the types of injuries you suffer.
The Jones Act
The Jones Act has protected American maritime workers for more than a century. Enacted in 1920, it provides qualifying maritime workers known as “seamen” with the right to collect maintenance and cure benefits when they get hurt on the job.
The Jones Act defines a seaman as a worker who:
- Works in support of a vessel in navigation,
- Focuses on the vessel’s operation or function, and
- Spends at least 30 percent of their time on board that vessel.
Many maritime workers, including captains, engineers, deckhands, fishermen, and cruise ship employees, are protected under the Jones Act. Eligible workers may receive maintenance and cure benefits and may pursue compensation through a Jones Act negligence claim or other remedies available under federal maritime law, including damages for medical expenses, lost wages, pain and suffering, and more.
The Longshore and Harbor Workers’ Compensation Act
Workers who don’t qualify for maintenance and cure benefits under the Jones Act generally qualify for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Under the LHWCA, qualifying workers can receive economic support for:
- Reasonable and necessary medical expenses
- Temporary disability
- Diminished earning capacity
- Long-term disability
Death benefits may also be available to families who experience the wrongful death of a loved one in a fatal maritime accident off the coast of Florida.
What Is My Maritime Injury Claim Worth?
It depends on the type of legal claim you file, the extent of your physical injuries, and how long it takes for you to reach maximum medical improvement (MMI).
When evaluating your maritime injury claim and calculating your potential recovery, our personal injury lawyers in Stuart will consider:
- Your pre-injury wages and earning capacity
- Whether you’ll need long-term medical care or nursing assistance
- How long you’ll be out of work or on light duty
- Changes in your overall quality of life
- Shared responsibility for your maritime accident or injuries
- Your age and life expectancy
The more seriously you’re injured in a Florida maritime accident, the more compensation you may be awarded to offset your financial losses and acknowledge your harder-to-value suffering.
Can I Recover Compensation if I’m Partly To Blame for My Maritime Injuries?
It depends. Shared fault affects some maritime injury claims, but not others. If you file a civil lawsuit under state or federal law, shared fault will affect your financial recovery. Florida’s modified comparative negligence rule will affect claims within the state, while a pure comparative negligence rule will apply to Jones Act lawsuits.
The more blame you share for your maritime injuries, the less compensation you can recover in a civil lawsuit. For claims filed under Florida law, sharing more than half of the blame for a maritime injury can be a total bar to recovery.
Shared fault won’t affect your ability to recover benefits under the Longshore and Harbor Workers’ Compensation Act. Benefits can be awarded regardless of your contribution to your maritime accident or injury.
How Much Does It Cost To Pursue a Maritime Injury Claim?
When you get hurt as a maritime worker in Stuart, Florida, it can create a really stressful financial situation. Hiring a maritime accident attorney to help you pursue compensation to make life easier shouldn’t add to the stress you’re under. That’s why Kibbey Wagner Injury & Car Accident Lawyers represents maritime workers on a contingency fee basis.
We’re so confident we can make a difference in your life that we’ll stake our fees on the outcome. We’ll even front the costs of litigation and assume the risks of pursuing a claim. You’ll pay nothing until we’ve won compensation for your maritime injury claim. When we win, our attorney fees are paid out of your financial recovery. If we don’t win, you owe us nothing.
What Is the Statute of Limitations for Maritime Injury Cases in Florida?
Different claims are subject to different filing deadlines. Statutes of limitations for maritime injury claims include:
- Three years for Jones Act claims
- One year for claims filed under the Longshore and Harbor Workers’ Compensation Act
- Two years for Florida personal injury lawsuits
It’s important to file your claim on time. Once time runs out, you’ll lose the right to pursue compensation from an insurance company or at-fault party.
Schedule a Free Consultation With an Experienced Stuart Maritime Accident Lawyer
As a maritime worker, you put your health and safety on the line every day. Federal maritime laws exist to help you stay afloat when you get hurt on the job. However, getting the benefits you deserve can be a challenge. Kibbey Wagner Injury & Car Accident Lawyers can help you assert your rights and fight to maximize your monetary award.
Turn to our Stuart maritime accident attorneys for help, and you’ll work with a team with over 80 years of combined experience and an undeniable ability to win tough cases and obtain top results. We’ve helped our clients recover more than $500 million in settlements and jury awards, and now we’re ready to make the most of your maritime injury claim in Stuart, FL, too.
Contact our office today to get started. Your first consultation is free.