What is the process for filing a Jones Act complaint in Houston?

Jones Act

If you are a seaman who was injured while working on a ship in navigable waters, you may be entitled to compensation under the Jones Act. The Jones Act is a federal law that provides legal recourse for seafarers who suffer injuries or illnesses due to the negligence of their employer or a fellow crew member. Filing a Jones Act complaint can be a complex process, especially if you are unfamiliar with maritime law. This comprehensive guide will provide a step-by-step overview of the process of filing a Jones Act claim in Houston.

Step 1: Seek Medical Care

If you have been injured while working on a ship, the first step is to seek medical attention immediately. This is important for both your health and your legal claim. Be sure to keep all medical records and bills related to your injury, as they will be essential evidence in your case.

Step 2: Contact a Maritime Lawyer

After receiving medical attention, you should contact a maritime lawyer as soon as possible. A maritime lawyer can help you understand your rights under the Jones Act and guide you through the claim process. Look for an attorney who has experience handling Jones Act cases and who is familiar with the maritime laws that apply in Houston.

Step 3: File a Claim Notification

Within three years of the date of your injury, you must file a notice of claim with your employer. The claim notification must include the following information:

• Your name and address
• Your employer's name and address
• The date, time and location of your injury
• A brief description of your injury
• The names and addresses of any witnesses to your injury

Step 4: File a Complaint

If your employer denies your notice of claim or does not respond within 30 days, you may file a claim in federal court. The complaint must include the following information:

• A copy of your notice of claim
• A statement of the facts of your case
• A demand for damages

Step 5: Discovery

After the complaint is filed, the discovery process begins. During discovery, both parties will have the opportunity to gather evidence and information related to the case. This may include depositions, interrogations, and requests for document production.

Step 6: Judgment

If the case cannot be resolved during discovery, it will go to trial. At trial, both parties will present their evidence and arguments to a jury. The jury will decide whether the employer was negligent and whether the seaman is entitled to compensation.

Step 7: Appeal

If either party is dissatisfied with the outcome of the trial, they may appeal the decision to the Fifth Circuit Court of Appeals. The Fifth Circuit will review the record of the case and determine whether the trial court made any errors.

Filing a Jones Act complaint can be a complex and time-consuming process, but it's important to remember that you have rights as a mariner. If you have been injured while working on a ship, you should contact a maritime lawyer as soon as possible to discuss your options. With the help of an experienced attorney, you can increase your chances of getting the compensation you deserve.