Admiralty Jurisdiction Extension Act
Certain federal laws are put in place to protect maritime workers injured at sea. The laws applying to your situation are determined by an array of factors such as where the injury took place and the type of vessel you were aboard. You might be able to recover compensation under the Admiralty Jurisdiction Extension Act if your injuries took place on land.
A maritime injury sustained on land is required to meet the jurisdiction of admiralty law before it can be viable under the act. Determining this jurisdiction is just one of the many complicated aspects of the Admiralty Jurisdiction Extension Act. Your safest option is to contact an experienced admiralty attorney to assess your case.
Admiralty Lawyer in Oregon, Washington, California and Alaska
Here at BoatLaw, LLP, we take pride in our proactive and thorough approach to every case we take along the Pacific Coast. We know you are going through a tough time, which is why we will stop at nothing to ensure you receive maximum compensation.
Call 1 (800) 262-8529 to schedule a confidential consultation. BoatLaw, LLP represents injured maritime workers in Oregon, Washington, California and Alaska.
- What is the Admiralty Jurisdiction Extension Act?
- Admiralty Jurisdiction Test
- Proving A Maritime Injury Claim
- Additional Resources
What is the Admiralty Jurisdiction Extension Act?
One of the biggest questions in a maritime claim is the scope of jurisdiction. Accidents may have occurred 2 miles off the coast, while others may have occurred 30 miles from the coast. But what about injuries caused by a vessel on land?
The Admiralty Jurisdiction Extension Act is a federal law extending the liability of vessels in navigable waters to cover injuries sustained on land as a result of a vessel accident. Before the act was passed in the last 1940s, injuries from a vessel accident sustained on land were not within the jurisdiction of state or federal maritime law. This left maritime workers injured on shore with virtually no options to recover compensation for their injuries.
The act was also extended to include compensation for injuries sustained while unloading, loading or storing cargo on a vessel, property damage to a bridge or pier by a vessel and injuries caused on such property by a vessel.
Admiralty Jurisdiction Test
A judge will take various factors into account to determine if your case falls under the jurisdiction of admiralty when you are injured on land by a vessel. The primary focus of this test is where the injury occurred. In addition, at least one of the following must be true for a claim to fall under the act:
- The injury took place on land and was caused by a vessel
- The injury occurred on navigable waters
- The injury disrupted maritime commerce
- The activity which caused the accident is related to standard maritime activity
A personal injury claim will have to be filed with the state if an injury doesn’t meet any of the requirements above. If an injury does meet the necessary criteria, a claim must be initiated within two years from the date of the accident causing the injury.
You will have to file sooner if the United States Government owned the vessel that caused your injuries. Taking civil action against the U.S will require a 6-month administrative review. An administrative review will not postpone the two-year statute of limitation, so you must take action against the government within 18 months of the accident.
Proving A Maritime Injury Claim
Filing a claim under the Admiralty Jurisdiction Extension Act requires evidence supporting the amount of compensation you need for your injury. Collecting such evidence is an important aspect of any maritime injury claim, and should be done with the help of an experienced maritime attorney.
Listed below are examples of evidence needed for a successful maritime injury suit:
- Medical, hospital or burial bills
- Medical or hospital records for the injury or relevant past injuries
- A written report from a physician stating the following:
- The extent of the injury and necessary treatment
- Necessary medical expenses for treatment
- Limitations of employment
- Extent of pain and suffering
It’s vital to collect as much evidence as possible in the wake of a maritime accident. In addition to related medical evidence, an employer’s negligence can be proven with evidence such as photos of the scene of the accident and surrounding area, witness statements and notes of any defective equipment.
Additional Resources for Admiralty Jurisdiction Extension Act
Admiralty Jurisdiction Extension | U.S. Code – Read through the section of the U.S Code covering the extension of admiralty to include land. You can read the precise legal definition of the act and learn about civil action against the United States. The code can be read on the official website of Cornell Law School.
Proof of Amount Claimed for Personal Injury | U.S. Code – Follow the link provided to view a complete list of medical evidence for a claim under the Admiralty Jurisdiction Extension Act. You can also learn about evidence needed from an employer and evidence if your self-employed.
Admiralty Attorney in Oregon, Washington, California and Alaska
The individual who caused your injuries should be held accountable for their negligence. Take the first step in recovering the compensation you need to heal and contact BoatLaw, LLP. Our highly respected maritime attorneys have been representing injured seamen along the Pacific Coast for over 40 years.
Call 1 (800) 262-8529 to schedule a confidential consultation. BoatLaw, LLP advocates on behalf of clients in Oregon, Washington, California and Alaska.