Maritime Injuries & Why Experience Matters

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Texas maritime lawyer Lisa Sechelski explains how Maritime Law and the Jones Act are different from other areas of the law, and why specific maritime law experience is important.

According to Lisa Sechelski, a Texas maritime lawyer with Arnold & Itkin LLP, maritime law specialization is important because maritime law, unlike most other areas of the law, is not set entirely by statute.

"There are two different kinds of law that apply", explains Sechelski. "There is Common Law which is judge-made law, and there is statutory law which is the body of laws enacted by the legislature. The Jones Act, a federal statute that protects seamen who are injured offshore, is an act of legislation that governs certain maritime injury claims. But in terms of the definition of a seaman, the definition of a vessel, and what constitutes a vessel in navigation-- tests that determine whether the Jones Act applies to a particular case-- all of that has been determined by judges, and that judge-made law is constantly changing. As Supreme Court judges come and go, for example, new law emerges."

Maritime law is one of the few areas of law in the United States where we still maintain a common law component. So, it's important to have an attorney who studies maritime law, who stays abreast of what the Courts decisions are, and who knows what the current rulings are that will govern and control your claim. Your maritime lawyer also has to understand what the law was at the time you were injured. So, although there are many top personal injury attorneys who may be good lawyers, you should not hire a lawyer for a maritime claim who doesn't have the requisite experience and knowledge of where to find the most current rulings.

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