Maritime Law & AMP; Jones Act Pre-Settlement Loans
While you are out working at sea, you typically do not think about sustaining life-changing injuries. Even if you do, you would hope and assume that your employer would do their due diligence to make sure that you are compensated.
Unfortunately, that is not always the case. Under Jones Act, you must prove that your employer’s negligence before they will pay for your injuries.
If you sustained injuries while out at sea and you are awaiting the outcome of your Jones Act/Maritime lawsuit, you may be entitled to a cash advance while your attorney continues working on your case. If you are looking for more information on Maritime Law and loans you can take out while you await the results of your lawsuit, continue reading on below. We will go over your settlement loan options and who you can contact for Jones Act pre-settlement loans.
What Is Maritime Law?
Maritime law is a private law of shipping and navigation. This law has a set of rules that govern contract, tort, or workers’ comp claims that arise from injuries over or on navigable water.
The injuries can occur either at sea or on inland waters. Under this law, both passengers and crew members have the opportunity to seek compensation for their injuries.
Compensation Under Maritime Law
Crew members and passengers have the opportunity to claim any lost wages and medical expenses. They also can claim any emotional damages or pain and suffering from the incident. All other living expenses are also eligible for compensation.
What Is the Jones Act?
The Jones Act is part of the Merchant Marine Act of 1920, allowing injured parties to file a lawsuit for their injuries sustained at sea. These parties can bring a lawsuit against their employer due to any unsafe conditions or negligence that cause the injuries. The Jones Act differs from an ordinary workers’ compensation claim.
Regular compensation claims do not require the injured to prove that the employer was at fault for their injuries. Under the Jones Act, the injured must prove that the employer acted negligently, leading to their injury.
Jones Act Comparative Fault
Under the Jones Act, there is a process that follows “comparative fault.” Comparative fault is when the employer proves that the injured employee was found partially at fault for their injury. If the employer can establish liability successfully, the final fault percentage will reduce the total settlement amount.
For example, let’s say that the employee was initially awarded a $200,000 settlement, but the employer proved that the employee was 10% at fault for their incident. The court will then reduce the overall settlement amount to $180,000.
What Makes an Employer Negligent?
Working offshore is one of the most dangerous jobs available, and that is why the Jones Act was created. The initial intention behind this act was the give injured seamen the ability to sue their employer.
For an employer to be considered negligent in this case, the employee must prove that the negligence is associated with the vessel’s work mission. If an employer owed a duty of care, failed to uphold that duty, and the failure caused the injuries to the employee, an employer is then considered negligent.
Jones Act Pre-settlement Loans
Jones Act pre-settlement loans are fantastic because, in most cases, the Jones Act settlement takes a long time to be awarded. Naturally, an employer will try to find fault in your injury to lower their liability for the case. As we now know, the lower the liability, the lower that the employer has to pay for the victim’s injuries.
Although this is a standard process, the injured are usually missing out more than the employer. An injured worker is out of work for some time while this legal battle ensues, leaving them without a way to pay their bills.
Unfortunately, this prolonged lawsuit battle is a tactic used to force you into accepting a settlement offer less than what you deserve. Settlement loans help you cover your rent, mortgage, car payments, groceries, and other essential living expenses. Most companies can get the lawsuit funding in your hands within 24 hours after approval.
This lawsuit funding option only requires repayment if you win your case. If you do not win your case, you do not need to worry about repaying the cash advance you received from us.
Settlement Loan Process
The Jones Act pre-settlement loans process is relatively simple to complete. You have the option to apply online on our website, or you can call us at 800-251-6606. Once we have received your application, someone from our underwriting team will reach out to you to confirm some information.
Our underwriters will need information on how your accident happened and who your attorney is. We will need certain documents from your attorney to complete our process, which we will request on your behalf. Once we have all the applicable information, we will then be able to let you know how much we can offer you.
Who Can Receive This Loan
We have the capability to fund seamen who received injuries while on a ship, yacht, tug boat, container ships, oil rigs, and more. We also can fund those injured while working along or on inland rivers and other types of waterways. If you were a passenger on these types of vessels, you are also entitled to compensation for your injuries.
Who Qualifies as a Seaman?
Under the Jones Act law, a seaman is an employee who spends at least 30% of their time in service of the ship on navigable waters. Additionally, a seaman’s employment duties must contribute to the vessel’s functionality or the accomplishment of the ship’s mission.
Employees who qualify as seamen:
- Cabin boys
- Maritime electricians
Day workers who work on the vessels during the day and go home at night are also considered seamen. This act does not require a seaman to aid in the boat’s navigation, and the ship does not need to be in motion during the time of the accident.
Do I Need a Lawyer?
Going up against your employer and their legal team is no easy feat to do on your own. If your employer knows that you are trying to handle this situation on your own, they will utilize that information to their advantage.
As mentioned above, in the case of Jones Act lawsuit cases, you will have to prove that your employer’s negligence caused your injuries. Your employer will do everything they can to demonstrate that you were negligent, so they don’t have to pay for your damages.
When you partner with a reputable attorney, they will take care of negotiating your settlement amount on your behalf. Your attorney knows how to navigate the legal issues best, providing you with the peace of mind you need while healing from your injuries. You also need a lawyer before you can apply for a settlement loan.
There are vital pieces of information that we need to review before we can extend the loan. Not only do we need that information to know how much cash we can advance you, but we also find that you should keep your attorney in the loop, so they know that you are looking to obtain an advance on your lawsuit.
Another added benefit of having legal counsel on your side is that they serve as your advisor. You do not need their permission to apply for settlement loans, but they are good to have on your side to explain how your lawsuit is going and what to expect during this legal battle.
Other Settlement Loan Benefits
Besides having cash on hand to take care of your living expenses, settlement loans help prevent you from accepting a lowball offer from your employer. These loans also allow your lawyer to litigate your case without sacrificing quality. While your lawyer handles litigation, there is also the chance that they could receive a higher settlement amount than you were expecting.
Obtain Your Settlement Loan Today
We understand that Jones Act claims can take a long time to settle, placing a financial strain on you. Jones act pre-settlement loans are fantastic alternatives while your attorney litigates your case on your behalf. We at Lawsuit Cash Today make it easy to apply for your settlement loan, and we can get that money to you within 24 to 48 hours.
If you are ready to start the process, submit a quote today, and our team will get back to you as soon as possible. There is no obligation to accept the loan after you receive your quote. For any questions or concerns, make sure to reach out to our team.