Exxon Valdez case - Punitive damages allowed under maritime law

The United States Supreme Court issued its long-awaited decision in the Exxon Valdez oil spill case.
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You can read the Court's opinion by clicking here.

Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.

Setting aside the fact that $500 million represents less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.

Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again substituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision. 

The silver lining

The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law. 

For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.

What this has meant, as a practical matter, is that maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.

The Exxon Valdez case seems to take away that defense.  Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.

What do you think about the Exxon Valdez case?  Did the Court get it right?  Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Jones Act injury case against Waterman Steamship

Our law firm has been hired by an injured deckhand to prosecute his Jones Act claims against Waterman Steamship

According to its website, Waterman is a "deep sea ocean carrier" operating U.S. flag vessels in liner service and time charter between the USA and Middle East ports. 

Our client was injured severely while working for the company.   In his lawsuit, he seeks damages for medical bills, lost past and future wages, pain and suffering disfigurement, and mental anguish.

The case is pending in Madisonville, Texas, where our client lived when he was hurt.  He was hurt on the Stephen Pless, a vessel docked in Saipan.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

New Longshore and Harbor Worker's case against Noble Drilling protects injured worker's rights

The United States Court of Appeals for the Fifth Circuit recently released an opinion that helps to provide legal protection to Longshore and Harbor Worker's who are injured on the job.

The injured worker, Mark McLaurin, was working in Friede Goldman's shipyard as a scaffold carpenter on the CLYDE BOUDREAUX, a vessel owned by Noble Drilling.

Mr. McLaurin was injured during this work.

Mr. McLaurin sued Noble Drilling, claiming that Noble was negligent. 

The trial court threw out the case, claiming that the Longshore and Harbor Worker's Compensation Act barred state law claims against Noble.

The Fifth Circuit disagreed, holding the simply because the worker didn't have a 905(b) case against the vessel did not mean the worker was barred from bringing state law claims.

You can read the full opinion here.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Offshore Injury Settlements - What You Should Expect

One of the most commonly asked questions I get from our offshore client's is "What is my case worth, and when should I expect to settle it?"

There are a number of factors that determine what your case is worth, and how quickly it settles.

Offshore Injury Settlements - What Is An Offshore Injury Case Worth?

The settlement or jury verdict amount for an offshore injury case depends on large number of factors.  First, the seriousness of the injury itself.  For instance, is the injury something that will keep you out of work forever?  For a year?  For a month?  Not at all?  These questions must be answered by experts trained to evaluate such things, and obviously, the more serious the injury, the higher (in general) the settlement value.

Another factors is whether you have a Jones Act case, a General Maritime Law case, a Longshore & Harbor Worker's Compensation Act case, an Outer Continental Shelf Land's Act case, or some other kind of cases.  In general, Jones Act cases are valued more highly because the law (in general) is better than most other laws.  But this is not always true and depends on the facts of each individual case.

Another fact is where the injury happened and where you file it.  Some places are better to file a lawsuit than others--some places tend to be more pro-business and anti-injured employee, while others are more pro-injured employee and less pro-business.  Offshore injury claims have extremely complicated venue rules about where you can file your case--you MUST talk to an experienced offshore injury lawyer to make this determination.

There are a lot of other things to consider when determining the value of an offshore injury settlement or jury verdict, including:

--How good is your lawyer?  How experienced?  Can your lawyer actually win at trial?  Does your lawyer have the resources to take on large offshore companies?
--How good is the defense lawyer?  How experienced?  Can the defense lawyer actually try a case?
--How clear is the "liability", or, to put it another way, how clear is it about who was at fault?
--Were any safety regulations violated?  By whom?  How serious were the violations?
--Has any employee been injured in the same way, or by the same equipment, before?
--Were there pre-accident warnings?

The list goes on and on.  This is just a sample of the many things that an experienced offshore injury lawyer can help you evaluate.


When Will I Get My Settlement or My Court Date?

This completely depends on the Court you are in, how hard your lawyer fights for you, and how hard the company's lawyer tries to delay the case.

Generally, we try to settle cases or try them to a jury or judge within 1 year from the first interview with you.  We do not try to "negotiate" before filing suit because it is almost always a waste of time.  We file your lawsuit immediately and get a trial date as quick as we can--in our experience, that's really the only way to force a reasonable and fair settlement.

Conclusion

You must have your case evaluated by an experienced offshore injury lawyer to determine a fair and reasonable settlement or jury verdict range.  You also need to make sure your lawyer will be willing to push your case to trial without unnecessary delay, and spend the time and money to win the case as quickly as possible. 

After all, in many cases, it is you and your family's future on the line.

About the author

Brian Beckcom is a Board Certified Injury Trial Lawyer who handles serious offshore injury cases, dangerous products cases, truck accident cases, wrongful death cases, paralysis and burn cases, plane and helicopter crash cases, and other difficult and serious personal matters.  He is based in Texas but handles cases nationally and internationally.

Mr. Beckcom has a history of winning offshore injury cases, including Jones Act cases, Longshore cases, Maritime Law Cases, Offshore Oil Rig cases, and other similar cases.

Mr. Beckcom has never lost an offshore injury case at trial.

Mr. Beckcom can be contacted directly through his firm's main website, www.vbattorneys.com.