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.

Vujasinovic & Beckcom Announce New Maritime Law Website

Press Release

Houston, Texas - August 15, 2007

The Houston, Texas based law firm Vujasinovic & Beckcom, P.L.L.C. announce the publication of the firm's new, dedicated maritime law website, www.maritimeaccidentattorney.com

The website provides the latest information to injured offshore workers, injured seaman, people injured in offshore, and their families.  It provides free information about maritime injury law, the Jones Act, and other areas of interest to maritime workers.

Firm partner Brian Beckcom says that "we get a lot of calls from people injured offshore.  We wanted to provide a convenient website for people injured offshore to get helpful information about offshore injury cases, Jones Act cases, and other maritime law matters.  We believe the website does just that."

About the Firm

Vujasinovic & Beckcom, P.L.L.C. is a Houston-based law firm that handles serious personal injury and wrongful death cases in Houston, Texas and across the nation.  The firm has an active docket of maritime injury and death cases as well as Jones Act cases.

To learn more about the firm, please visit the firm's main website at www.vbattorneys.com.  Or call the firm toll free at 877.724.7800.

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.

Four Important Things to Know About Offshore Oil Rig Injury Claims

At Vujasinovic & Beckcom, our law firm represents oil and gas workers who have been injured in the Gulf of Mexico, the Atlantic and Pacific, and across the world in various oil and gas operations.  We also represent the family members of those oil and gas workers killed during their offshore employment.  (To learn more about your legal rights, feel free to visit our main website at www.vbattorneys.com or call us with your questions.).

Some of the most frequent types of injuries include injuries on Jack-up drilling rigs and oil platforms, boating and vessel injuries, diver injuries, and helicopter injuries. 

There are four very important things you must know if you were injured offshore working with an oil and gas company or in a supporting role:

1.  Most lawyers do not have any experience at all representing offshore oil and gas workers.  These claims are highly specialized, complicated, and expensive.  You need to make certain that the lawyer you hire has experience with these types of claims.

2.  Your claim may fall under one of four different legal remedies.  They are the Jones Act, General Maritime Law, Longshore & Harbor Worker's Compensation Act, and the Outer Continental Shelf Land's Act.  Each set of laws is very different and it takes an experienced offshore lawyer to help you navigate your way to the best possible recovery.

3.  You are generally entitled to medical care if you are injured offshore in the oil and gas fields, regardless of who was at fault.  And you aren't necessarily required to go to company doctors.

4.  If you suffered a serious injury, you may be entitled to appropriate and fair compensation.  And unlike many state-based laws where the compensation is completely inadquate (like worker's compensation), offshore oil and gas injury claims generally entitle prevailing party to much more reasonable and fair compensation.

For more information, you can contact our law firm by visiting our main website, www.vbattorneys.com.

Offshore Oil Rig Injury Claims - Background & Suggestions

(Note to readers: The reason we haven't added to the site in the past few weeks is that our law firm has been trying a major wrongful death lawsuit against Nabors Drilling International, Limited involving a shooting death in the Middle East.)

Offshore Oil Rig Injury Claims - Background & Suggestions

Our law firm is principally located in Houston, Texas, just minutes from the Houston Ship Channel and less than an hour from the Gulf of Mexico.  The Gulf of Mexico is one of main offshore oil and natural gas drilling sites in the world.  In the past few years, business has been booming.  More and more workers are sent offshore to work on oil rigs, the oil companies and support companies have made more and more money, and, unfortunately, more and more offshore oil rig workers have been injured or killed.

We get calls on offshore oil rig injury claims every week.  One of the most asked questions is "what law covers an injured offshore oil rig worker?," or "what are my legal rights as an offshore oil rig worker?"

The answer to the question is not simple, and our first piece of advice to these workers is to make sure that whatever law firm you hire, that the lawyers have real, extensive experience handling offshore oil rig injury claims.  The law is incredibly complicated, and the vast majority of lawyers and law firms have no experience handling offshore oil rig injury claims.

The second piece of advice is that offshore oil rig injury claims may be covered by the Jones Act, the General Maritime Law, the Longshore & Harbor Worker's Compensation Act, or the Outer Continental Shelf Land's Act case.  It depends almost entirely on the specific facts of the case, where the injured oil rig worker was assigned, what type of structure he or she was working on, how long he or she had been assigned, etc.

Employers will often attempt to force injured offshore oil rig workers to accept legal rights under the least favorable set of laws, thinking that the injured offshore oil rig worker won't know the difference, or will be so desperate for money and medical care that they will take the first offer made, even if it's a bad offer. 

Don't fall victim to this type of tactic.  The experience offshore oil rig injury lawyers know how to position your case and get you benefits and legal compensation under the most favorable and appropriate law.  Also, the offshore oil rig injury lawyers will help you financially survive during your time off from work, and will ensure that you can afford to see good doctors if the company won't agree to help with you medical care.

Oil rig work is rewarding but can be dangerous.  If you have an offshore oil rig injury claim, don't trust your case to the first lawyer you talk to, and don't rely on your employer for legal advice.  Get competent offshore oil rig injury lawyers on your side immediately.