What is Maintenance and Cure?

star

There are hundreds, if not thousands of personal injury attorneys. However, personal injury attorneys are not all the same. Each law firm has different goals as a business, and the strategies they use in their cases are aligned. Choosing a small firm with values that align with your personal goals for your case will give your case the attention and time it needs to get you the best possible outcome.

propic2
25 Years

Of Experience

No Upfront Fees

On Our Cases

5 Star

Legal Representation

Easy Communication

With Our Office

25 Years

Of Experience

No Upfront Fees

On Our Cases

5 Star

Legal Representation

Easy Communication

With Our Office

What is Maintenance and Cure?

“Maintenance and cure“ is an ancient duty the owner of a vessel owes to provide food, lodging and necessary medical services to a Jones Act seamen who becomes ill or is injured while working on a ship. The duty of the owner to...

Maintenance and cure is an ancient duty the owner of a vessel owes to provide food, lodging and necessary medical services to a Jones Act seamen who becomes ill or is injured while working on a ship. The duty of the owner to provide maintenance and cure occurs when a seaman is not able to perform his work and the duty continues until he reaches maximum medical recovery.

What is Maintenance and Cure

Jones Act Seamen

Courts have determined that the owner’s duty of maintenance and cure for the purpose of protecting seaman is a broad one. Recovery does not depend on the vessel or owner and the burden of proof in obtaining maintenance and cure is relatively light. Generally, a seaman only needs to prove that he was injured while serving on the vessel. The seaman does not have to prove a connection between his work aboard the vessel and his injury. The right of maintenance and cure exists regardless of fault. The purpose of maintenance and cure is to cure the injured seaman. A seaman’s right to maintenance and cure is based on the employee-employer relationship.

Seaman’s Claim

Although a seaman’s burden is fairly light, the employer is entitled to investigate the seaman’s claim. An employer may deny maintenance and cure if a diligent investigation indicates the seaman’s claim is not legitimate or if the seaman does not provide medical records supporting his claim. However, if the employer’s investigation of a seaman’s claim creates a question as to whether the seaman is entitled to maintenance and cure, the seaman will be entitled to maintenance and cure.

Employer Liability

If an employer does not properly investigate a claim for maintenance and cure or unreasonably rejects a claim after investigating the seaman’s claim, the employer is possibly liable for compensatory damages as a consequence of failing to pay maintenance and cure. The employer is also possibly liable for punitive damages and attorney’s fees if they are at fault in denying a proper claim for maintenance and cure.  If you would like to speak to an experienced Jones Act lawyer today, please contact Cueria Law Firm, LLC. You can schedule a free consultation, and learn about the special right to maintenance and cure you have as an injured Jones Act seaman.

Sources: Stermer v. Archer-Daniels-Midland and American River Transportation Co., 140 So. 3d 879 (2014), Stermer v. Archer-Daniels-Midland Co., 186 So. 3 319 (2016).

FREE CASE REVIEW

Speak to an Attorney Now!
We offer a free consultation for any person who contacts our New Orleans office with a potential personal injury case. We have no upfront retainer fees, and only collect our payment once we have successfully secured your settlement or trial award.

Invalid Email
Invalid Number

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.

OUR RESULTS

SPEAK FOR

THEMSELVES

  • $2,000,000

    Hotel Premises Liability Settlement

  • $1,500,000

    Automobile Accident Settlement

  • $1,250,000

    Tractor Trailer Injury

  • $475,000

    Jones Act Seaman Injured in Oil Spill

  • $475,000

    Jones Act Seaman Orthopedic Injury

  • $400,000

    Passenger in Truck Crash Trial

Positive Client Reviews

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 !😁
Allison Johnson
Allison Johnson
15:40 11 Oct 18
Highly recommended!! He’s a very caring attorney!! Gets the job done!!
Juju Giambe
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
I Love Mr. Brent. They handle me with tender loving care
Shannan Holmes
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

Talk to an Injury Attorney in
NEW ORLEANS for FREE

There are many factors that can affect the outcome of your case, but time is often the most important. Call Cueria Law Firm today to speak to an attorney about your claim, and get started on the path to physical, emotional and financial recovery.

The team at Cueria Law Firm is here to assist you in all steps of your case - setting up doctor's appointments, starting an insurance claim, requesting a rental car, and more. We understand life after an accident can be overwhelming, but you aren't going through it alone.

Free Consultation