At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
Damages under the Jones Act are not computed using fixed statutory schedules. A court or jury will instead evaluate a variety of factors to arrive at fair, full compensation awards based on the specific circumstances of each injury and its impact on the seaman's life and earning potential.
The Jones Act allows for the recovery of past, present, and future medical expenses. Loss of wage compensation indemnifies for income already forfeited, while loss of future earning capacity addresses reduced earning capacity post-injury. Physical limitations are compensated for by disability and impairment damages. Psychological harm and physical discomfort are compensated by pain and suffering. Injury-related loss of enjoyment of life damages address activities and experiences the seaman is no longer able to participate in.
Courts analyze injury range and seriousness by distinguishing ephemeral and permanent states and restricted and complete incapacitation. Medical verification occupies a primary role, encompassing proof of earlier medical costs, ongoing or forthcoming treatment necessities, recovery expectations, restoration needs, and estimated future medical expenses.
Wages already forfeited are considered in lost income calculations, as well as lost future earning potential when injuries reduce work capacity or earning ability. In evaluating quality of life, courts consider mobility impairments, work capacity losses, physical and mental impairments, and diminished enjoyment of daily activities.
Aspects such as age, occupation type, expertise measure, and historic compensation influence future earning capability calculations substantially. Younger professionals with extended earning potential confront different assessments than individuals approaching retirement. Specialized capabilities or significant earning power magnify projected wage losses.
Estimating future medical expenses may require a professional to assess the types of care, such as ongoing therapy, medications, and surgeries, as well as to identify how much they will cost over estimated recovery periods. Inflation, projected raises, and career advancement are all factors that are taken into account when estimating what seamen would have earned had they not been injured.
Inflation and cost-of-living adjustments are factored into long-term damage awards to ensure that compensation remains adequate over time.
Modifications may be needed, such as wheelchair ramps, bathroom modifications, or retrofitting vehicles. There is a substantial cost associated with in-home care and assistance with daily tasks such as bathing, dressing, cooking, and mobility.
Due to the Jones Act's requirement of proving employer negligence or unseaworthiness of the vessel, damages are determined by the general principles of personal injury torts rather than the formulas utilized in workers' compensation. Upon establishing liability, juries or judges consider evidence of harm, medical needs, income loss, and life impact to determine appropriate awards without statutory caps.
We have extensive experience working with medical experts and economic experts to calculate the full value of Jones Act claims. Damage calculations require thorough documentation of injuries, projected future needs, and career impacts. Reach out to Environmental Litigation Group, P.C., and find out how we can help you obtain maximum compensation for you.