Rights of a Jones Act Seaman

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25 Years

Of Experience

No Upfront Fees

On Our Cases

5 Star

Legal Representation

Easy Communication

With Our Office

Rights of a Jones Act Seaman

In 1920, the United States Congress enacted the Jones Act to create a negligence cause of action for seaman against their employers, providing any seaman who suffers injury or death during the course of his employment may chose to maintain...

In 1920, the United States Congress enacted the Jones Act to create a negligence cause of action for seaman against their employers, providing any seaman who suffers injury or death during the course of his employment may chose to maintain a civil action for damages at law, including the right to a trial by jury.

The Jones Act

 

The Jones Act extends to protections of the Federal Employer’s Liability Act (“FELA”) to seaman and therefore, FELA case law applies to Jones Act cases. In passing the Jones Act, Congress did not specifically list seaman’s rights, but extended seaman the same rights granted to railway employees by FELA.
Seamen may bring a Jones Act lawsuit in a United States federal court or state court. The right to bring an action in state court is preserved by the “savings to suitors” clause, 28 U.S.C. §1333. Hence, the “savings to suitors” clause allows state courts to exercise concurrent jurisdiction over common-law claims relating to maritime causes of action, including claims under the Jones Act.
The United States Supreme Court has held the Jones Act is entitled to liberal construction in order to accomplish its benefits and purposes to provide for the welfare of seamen. Liberal construction is necessary due to the seaman’s broad and perilous job duties.

Maintenance and Cure

A seaman is entitled to receive maintenance and cure based on establishing seaman status under the Jones Act. In order to qualify as a seaman under the Jones Act, the United States Supreme Court provided judicial guidelines to determine seaman status, including (i) the seaman’s duties must contribute to the function of the vessel or the accomplishment of said vessel’s mission and (ii) the seaman is required to have a connection with the vessel in navigation substantial in terms of duration and nature. If the seaman is able to show significant part of his work was performed on board of a vessel with at least some degree of regularity or continuity, the test for seaman status is met.
Maintenance and cure is a legal obligation imposed on the owner of a ship to provide food, lodging and needed medical services to seaman who become ill or injured during service to a ship. The seaman’s burden of proof in obtaining maintenance and cure is relatively light and recovery is not dependent upon negligence of the owner or vessel. In fact, the seaman only needs to prove his injury arose during service of the vessel; he is not required to prove a causal connection of his injuries to duties relating to the vessel. The seaman’s right to maintenance and cure exists irrespective of fault. Hence, remedy is essentially curative in nature rather the compensatory.
Cure is payment for the injured seaman’s medical, therapeutic and hospital expenses until maximum medical recovery is reached. A seaman’s right to cure is not based on fault and therefore, the ship owner is not entitled to apportionment of fault in an attempt to reduce liability of the seaman’s medical expenses.

Fairness

Courts consider the following factors to determine fairness of an award for exemplary damages: (i) nature and extent of harm to the seaman, (ii) wealth or financial situation of the ship owner, (iii) extent to which the conduct offends a sense of justice and propriety, and (iv) amount necessary to deter such intentional, willful or wanton conduct in the future.

If you or a loved one has been injured while working as a seaman, it is important that you contact a Jones Act Attorney who is experienced with these types of cases.  The Jones Act Lawyers at Cueria Law Firm, L.L.C., has successfully handled numerous Jone Act Cases.  Cueria Law Firm, L.L.C. will make sure you and your loved ones get the justice and compensation you deserve.

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Awards & Honors

Attorney Brent Cueria founded the Cueria Law Firm, L.L.C. located in New Orleans, in order to focus on the representation of injured individuals, where his true passion is. Mr. Cueria uses his past experience to diligently advocate for the injured and disabled clients he now represents against the insurance companies.

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Positive Client Reviews

Brent is very professional and easy to work with. He made sure I was taken care of better than I expected. Very nice man and great team!
Kristin Marks
Kristin Marks
19:45 29 May 19
Mr. Brent Cueria does an amazing job! He was always available for any questions or concerns that I had. There was never a moment that he wouldn't take the time to help me out and keep me updated on the process of my case! A great attorney and an amazing guy!
Kevin Byrd
Kevin Byrd
15:59 08 May 19
Awesome caring firm that puts the clients needs first always. Brent was an exceptional lawyer and good person. I highly recommend Cueria Law Firm.
Cat D
Cat D
14:19 24 Apr 19
I had a good experience with this firm. The staff was professional and protected my personal interest. I would definitely recommend them.
Tameka Lewis
Tameka Lewis
22:35 07 Feb 19
Mr. Cueria was amazing, helped me beyond my expectations, they answer the phone and respond promptly to their clients. Very easy going, respectful, and professional.
April Washington
April Washington
21:59 10 Jan 19
Very nice reliable law firm... we really had good experience with him. And we are really thankful. I recommend him to everyone.
Salwan Ibrahimi
Salwan Ibrahimi
22:43 08 Nov 18
Mr. Brent is a great personal injury attorney as well as a caring attorney. He is always available to talk and answer all our questions. Mr. Brent does not take you on as just a client. He treats you like family.
Rashonda Matthews
Rashonda Matthews
17:11 01 Nov 18
The BEST in New Orleans!! I came into this office not knowing what would be the outcome of my case, and Brent assured me he got this! A big thanks to him and his staff for all your hard work!! I’m telling you if you need someone to represent he’s definitely the guy to call!! Love you guys! Until next time !😁
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Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
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Juju Giambe
21:14 22 Mar 18
Great experience. Very professional and personal at the same time. Highly recommended.
Hortense Ambrose
Hortense Ambrose
17:33 05 Mar 18
Mr. Cueria is very professional and works hard to assure that you received the best of outcome possible. Mr. Cueria and his staffed worked diligintly to give me the best settlement possible. I was very satisfied. -
Erica Ross
Erica Ross
13:17 07 Feb 18
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Shannan Holmes
08:55 30 Jan 18
This was my first experience ever having a lawyer and I was very grateful and it was very pleasant. Everything worked out for the best and I would definitely recommend Brent.
Lionel Vicknair
Lionel Vicknair
16:06 07 Dec 17

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