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.

Five mistakes that can sink your Jones Act or offshore injury case

Our firm receives a lot of calls from workers in the offshore injuries.  We also receive a lot of calls from lawyers with clients who were hurt offshore. 

Often, these lawyers have never handled an offshore injury or wrongful death case and want our advice or want us to accept a case they have been working on.

We are happy to help.  However, it is always much better to call us soon after your injury or accident claim. 

Why?  Because if you don't, you may accidentally do something to sink your case before it even gets started. 

We see the same mistakes again and again.  They are easy to avoid.  But if you've never been in the situation before, you may not even know you are making a mistake before it's already made.

Here are five common mistakes that can sink your offshore injury claim:

1.  Not reporting your accident immediately. 

If you don't report your accident, the company will claim it didn't happen and basically call you a liar.  It is especially important to report your accident immediately if there were no witnesses.

2.  Giving the company or insurance people a written or recorded statement before you talk to a lawyer.

If you are hurt, the company (or its insurance people) will try to get you to give a tape-recorded statement or to sign a written statement.  DON'T DO IT!.  The company (and its insurance people) are experts at tricking you into saying something that may haunt you later on.

It is, however, okay to give a brief description on the company accident report.

3.  Not seeking medical care immediately.

Again, if you do not seek medical care immediately and try to "tough it out" instead, the company will claim that you're making up the injury later.  If you think there is any chance you were hurt, seek good medical care.

4.  Hiding past accidents from your lawyer


Many offshore workers have suffered more than one accident because the nature of the work is so dangerous.  You need to let your lawyer know about your other injuries.  If you don't, and you are caught in a lie, it will destroy your credibility and damage your case severely.

If you are honest, however, most of the time previous injuries are not that big of a deal.

5.  Hiring a lawyer who has never handled a Jones Act or maritime injury case

Don't hire the first lawyer you talk to!  Don't hire a lawyer just because a friend recommends him or her.  Don't hire a lawyer because that lawyer shouts the loudest or has the most commercials.

Hire a lawyer you like, who deals with you openly and honestly, and most important, hire a lawyer who actually has experience handling cases like yours.

Want to know more about offshore injury claims? 


Below are some links to some suggested articles offering helpful tips and advice regarding offshore injury claims.

Click here to read an article with helpful suggestions and tips on how to hire the best lawyer for your offshore injury case.

Curious about the Jones Act?  Click here for a general overview of the Jones Act.

Want to know more about the Longshore and Harbor Worker's Compensation Act?  Click here to read the article "What is a Longshoreman and What Are Their Legal Rights When Injured?

Want to know the difference between the Jones Act and the Longshore and Harbor Worker's Compensation Act?  Click here to read about the difference between the two.

What to know the truth about offshore injury cases?  Click here to read The Truth About Offshore Injury Claims.

Want to know what you should do after an offshore injury to preserve your legal rights?  Click here to read  What Should You Do If You Are Injured Offshore

If you are hurt and your employer is giving you a hard time, click here to read "I was injured on the job and my employer is giving me a hard time - What should I do"

Employer trying to get you to give a recorded statement?  Click here to learn the truth about recorded statements and the best way to handle this request.

Thinking about trying to settle your offshore injury case without talking to a lawyer first?  Click here to learn why you can settle some cases yourself but in other cases not having a lawyer may be a TERRIBLE MISTAKE.

Want to know what happens when you file an offshore injury or Jones Act case?  Click here to learn about Filing a Jones Act lawsuit.

Click here to learn about 6 Critical Things you must know if you are Injured At Sea

Your employer may be keeping secrets from you if you are hurt offshore.  Click here to read about The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.







Reporting your offshore injury

Reporting your injury in a timely fashion is one of the most important things you can do if you are injured offshore. 

Initially, you may think your injury is not serious.  However, if the injury turns out to be serious, your company, and its insurance company, may later claim that you weren't hurt or aren't hurt as bad as you claim if there is no report of the accident.

Any accident involving any injury, no matter how minor, should be reported immediately.  The right thing to do, and what most companies expect, is that you will tell them when you are injured.  You should make a truthful report.  You should not exagerate your injuries and you should not minimize them either.  You should make sure that you identify any witnesses and any possible reasons for the accident.

The company should then get the proper and timely medical care you need.  If they don't, consider consulting with an experienced Jones Act or maritime lawyer.  They can usually make arrangements for you to get proper medical care.

Companies do not like employees who make up injuries or employees who fail to report injuries timely.  Simply put, the best policy is to always report any accident or injury when it happens, whether you think it is serious or not.

We have had cases involving serious back, neck, shoulder, or other injuries that did not at first seem as serious as they turned out to be.  Not reporting your injury can really hurt your case.

Also, not reporting your injury immediately can delay medical care, which can then make the situation even worse for all involved. 

You may think that you will look better to the company if you don't report your injury or if you just try to "tough it out."  This is almost never true.  And any company that holds it against you for reporting an accident or injury is not following industry standards and policies or good common sense.

No matter where you live, we can help you if the company does not let you report your injury or accident or doesn't complete a proper report and do a full investigation.  If you run into a situation where the company is not handling your accident or injury claim the right way, feel free to call us for help and advice.