Burden of Proof in A Jones Act Case

jones act attorney mississippi

At Cueria Law Firm, we represent injured individuals, including seaman. When a seaman is injured, the Jones Act may come into play. When we work on cases involving the Jones Act, the injured seaman must be able to provide the burden of proof. The act relies on the injured individual proving that their fellow employee or employer was negligent and caused the injury to occur. Our New Orleans personal injury attorneys are ready to hear your case, helping you to find the burden of proof to acquire the monetary compensation you so rightly deserve. 

What does Burden of Proof Mean?

In a maritime injury case, the burden of proof is a requirement of the injured seaman and their attorney. We work with you to find evidence to prove your case. Based on the Jones Act, the injured employee has what is called a ‘featherweight’ burden of proof based regarding the cause of the injuries. When presenting your case to a jury or a judge, we must present evidence proving your injury was caused by the accident. 

The amount of evidence needed to prove your case is minimal when compared to other types of cases. You only need a small portion of proof showing that your injury was caused by the accident to win the case. 

Aside from requiring little evidence to prove your case, a Jones Act claim can be complicated. It helps to have experienced and knowledgeable attorneys by your side to navigate the legal action you need to take to receive monetary compensation. Without an experienced attorney, you may fail to receive the compensation you so rightly deserve. 

The Jones Act is a federal statute that injured seamen use to sue an employer for damages based on a work-related injury. The Act will apply to individuals who have been injured while working on ships, tugboats, riverboats, fishing boats, offshore oil rigs and other seaworthy vessels. The Act also applies to an individual who works in the diving industry. 

Because we understand the Jones Act and how it applies to workplace injuries, we can help you or a family member who has been injured while working as a seaman. Schedule an appointment with us today to review your case.

We can help you file a claim for compensation or find the best option for you to take based on your individual case. Our New Orleans personal injury attorneys are ready to work for you.

Give us a call today!