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.

Services

We are lawyers who represent injured Jones Act seamen, injured maritime workers, and their families.  We provide the full range of legal services and all lawyers in the firm are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.  We represent clients in Houston, the Gulf Coast, across Texas, the southwest, across the United States and around the world. 

To learn more about our lawyers, our people, and our track record, visit our main website at www.vbattorneys.com

We have or are currently representing clients in the following types of Jones Act and maritime injury cases:

  • All Jones Act claims
  • Offshore Oil Rig Accidents
  • Longshoremen
  • Dredge Workers
  • Stationary Production Rig Workers
  • Tug Boat Workers
  • Cruise Ship Workers and Passengers
  • Shrimp Boat Workers
  • Fishermen
  • Trawlers
  • Tankers
  • Crew Boats
  • Ferriers
  • Water Taxis
  • Spar Platforms
  • Jack-up rig workers
  • General Maritime Workers
  • Casino Boat Workers
  • Container Boat Workers
  • Pilots
  • Barge workers
  • Galleyhands
  • Offshore Caterers
  • Captains
  • Relief Captains
  • Tankermen
We represent individuals and their family members.  We do not represent or defend maritime employers, insurance carriers, or Jones Act employers.

All cases are handled on a contingency fee basis, which means you pay nothing unless we win your case.

More About the Jones Act, General Maritime Law, the Longshore & Harbor Worker's Compensation Act, and Admiralty Law

People are confused by the laws that govern offshore injury claims.  Even most lawyers aren't experienced in these types of claims.  For example, offshore oil rig workers are often surprised to learn that they may be covered under the Jones Act.  Dredge workers are also surprised to find that they may have Jones Act claims.  Casino workers, dive boat workers and divers, fishermen, and offshore oil field workers often don't know that they have certain legal remedies available if and when they are injured.  And offshore workers generally are surprised to learn that many times, they are not lmited to worker's compensation benefits--they may have much better legal options under the Jones Act, General Maritime Law, Admiralty Law, or the LHWCA.

From the very beginning, our firm was founded with maritime workers in mind.  We know that Jones Act workers, maritime workers, and others in the offshore industry work in sometimes work dangerous conditions.  The law governing these claims may entitle offshore workers to significantly higher settlements than land-based worker's compensation claimants.  

If you work on any sort of floating vessel or platform, you are likely covered under the Jones Act or general maritime law.  Don't simply assume that worker's compensation is all you get until you've talked with an experienced offshore attorney.  Don't let your employer  trick you.  Don't let the insurance company fool you.  Don't let a company affiliated doctor give you legal advice.  Call Vujasinovic & Beckcom and let us tell you, free of charge, whether you have a claim other than worker's compensation.  Let us explain your rights.  Let us help you in your time of need.  Arm yourself with information.  Then and only then can you can make an informed decision about what to do.

Jones Act settlements can be substantial.  But the law is complicated.  You can probably get a small settlement on your own.  But if you want the best medical treatment and a fair settlement that will provide appropriate financial security for you and your family, talk to one of our attorneys.  We will speak to you free of charge.  Our toll free number is 877.724.7800.  You can also visit our main website at www.vbattorneys.com to learn more about our firm and our results.

Don't select the first lawyer you know.  Just like doctors don't all perform heart surgery or brain surgery, all lawyers do not handle Jones Act cases, general maritime law cases, or offshore injury cases.  Some lawyers with Jones Act experience may in fact be connected to or affilated with shipowners or offshore employers.  Our firm has never represented offshore companies.  We represent only offshore workers.

We will give you a free consultation and let you know whether you have a claim, what type of claim you have, and what you should do to ensure you have a shot at a fair settlement. 

Maybe best of all, if you hire our firm to help you with your claim, one of the firm's founding partners (not a legal assistant or junior lawyer) will take the lead on your case from start to finish and will be available to you whenever you need advice or assistance with your claim. 

Your physical and financial health is too important to trust with an insurance company or an inexperienced lawyer.  Your employer and the insurance companies get the best lawyers they can find.  You should too.  You and your family deserve the best legal representation possible--nothing less.