10 MOST COMMON MISTAKES
WHEN INJURED AT SEA

In our 60 years of combined experience, time and time again, we have seen a "Top 10" of common mistakes. Here is our list of the ten things we recommend to our existing clients that they not do following injury at sea, or in a maritime situation:

10. Asking for too much. Sometimes, injured individuals have an unrealistic expectation as to how much they will recover. The amount of recovery in a particular case can vary drastically, depending on the slightest change in the facts or matters related to strategy, in negotiating or litigating the claim. Unrealistic expectations can actually lead to less recovery and, if the case is lost, no recovery.

9. Asking for too little. Sometimes, claimants are bullied into settling for too little. Claims representation by experienced counsel should allow you to know whether your claim is being undervalued. It is common for claims representatives, whose interests may be to minimize the amount of the claim, to get a claimant to settle for too little.

8. Asking for nothing at all. The law was written to provide for compensation in appropriate circumstances. Monetary compensation is usually the only remedy available; seldom can a wrongdoer undo the injury or the mistake. Also, what seems inconsequential at one point in time may be very important later. A silent medical condition may only become apparent years after injury.

7. Waiting too long. There are many circumstances in which claims must be filed within a specific time period, or are forever lost. For example, some claims for lost wages must be filed within six (6) months from the date the claim first arose. In other circumstances, a client may have as long as three years after injury before filing suit.

6. Doing it on your own. Representing yourself on a claim can be extremely risky. Many times, claimants are asked to do things they are not obligated to do, and should not do. For example, an adjuster who demands an independent medical exam from a very conservative physician. In some circumstances, this allows the defense two bites at the apple; not only the so-called "independent" medical exam before filing suit, but yet a second one, demanded after suit is filed under applicable court rules. Or, an adjuster may demand a statement over the telephone or in writing. Sometimes, these statements are coached so the claimant says things that may not be completely true or are against their interests.

5. Trusting someone whose interests are adverse yours. Many times, injured mariners are simply told, "Don't worry, we'll take care of you." In maritime cases, sometimes advances against settlement, as much as $1,000 to $3,000 per month, are paid to keep an injured mariner from seeking legal counsel. At the same time, the insurance adjuster may be requiring the claimant to do certain things that are not required. For example, as stated above, give statements, visit physicians retained by the company, delay filing suit while the evidence gets cold, etc. Getting advice from competent independent counsel is the best solution to this common problem.

4. Believing you can't lose. While most maritime injury / injury at sea cases are settled favorably and, as many as 90% are settled through mediation, cases are lost at trial and, under most circumstances, it is difficult, if not impossible, to overturn the verdict on appeal.

3. Trusting that a judge or jury will, in every case, give you what you deserve. Mistakes are made. The legal system can be extremely arbitrary. Cases that are assigned to a particular judge can be switched at the last minute simply because the trial judge assigned to the case is unavailable, and a different judge is available at the time the case comes for trial. Also, court dockets are so crowded that is very nearly impossible to predict, even with pre-assigned trial dates, when a case will actually go to trial, and which judge will hear the case. Judgments at trial can be based upon perceptions, not reality. Effective defense of a claim can sometimes result in highly paid expert testimony that presents a claimant's case in the most unfavorable light.

2. Letting your claim run your life. Judges and juries like people who help themselves; if you have an injury, it is best to keep trying to do what sound medical advice allows you to do. We advise our clients to live their lives in spite of their claim – not for their claim.

1. Believing that honesty isn't everything. Honesty is everything. Being honest about your injury is the most important part of injury representation. Overstating the claim, not telling the truth about how the injury occurred, or not being completely truthful in all aspects of the injury never works and can even result in the loss of a claim that should otherwise have been won.

IMPORTANT NOTICE: The above "Top 10 Mistakes" may have no application whatsoever to your particular situation. Only after a written fee agreement do we commit to discussing strengths, weaknesses, mistakes or otherwise with a client. Matters that are listed above as "mistakes" may, in fact, be perfectly proper or correct in your particular circumstance, and the above should not be taken as advice in any particular case. For example, under some circumstances, it may be perfectly proper for a claimant to ask for nothing at all, decline to pursue a claim, or otherwise avoid claims representation. Please see our Disclaimer, which applies to the above. Selection of an attorney is an important decision, potentially affecting significant rights, and selection of a claims representative should not be made based on advertising alone, including specifically this Web page or Website.

Call us for a no-obligation initial telephone consultation.

We answer every e-mail personally within 6 hours