Introduction
As a federal law that covers maritime injuries, admiralty law includes several activities on navigable waters. It is necessary in law practice that each attorney involved in maritime injury cases understands the scope of admiralty law. More so, these rules include the Jones Act, Longshoremen and Harbor Workers Act, and the Death on the High Seas Act. This paper intends to outline how attorneys can best serve their clients by deepening their knowledge on the relevant legal aspects of maritime law, how medical record review can assist them, and how then they can practice maritime law more effectively.
1. Overview of Maritime Law
Definition and Scope
Maritime law is a legislation that is applicable to a maritime discourse irrespective of the nationality of the people involved or the vessels or ship involved and maritime crimes. An example of such premises is the law on the single issue of general average. It is also important for attorneys to appreciate the impact surrounding this law due to the dynamic nature of its application in litigation.
Historical Context
The concept of maritime law has existed from as long as the ancient civilizations and has developed with different legal systems. It is however important to note the origins of maritime law, as it is important understanding where the current practices and regulations stem from.
2. Key Maritime Laws and Regulations
The Jones Act
Perhaps the most significant piece of legislation in tort compensation for maritime workers is the Jones Act. The Jones Act applies to those seamen who are employed on boats and harbor tugs, thus broadening the area of application for these particular boats.
Longshore and Harbor Workers’ Compensation Act
The LHWCA however provides compensation to maritime employees who are able to work on navigable waters and suffer injuries in the course of work. It’s the world of lawyers to make this act more beneficial for them and easier to understand for the clients.
Death on the High Seas Act
Such act permits the families of a deceased person, to claim compensation for his wrongful death in an international water body. Its provisions need to be appreciated by the attorneys dealing with the sensitive cases.
3. The Role of Medical Record Review in Maritime Injury Cases
Importance of Accurate Medical Documentation
As in the case of other injuries, preventative maritime injuries must be supported with evidence suitable to satisfy the outcome of the insubordinacy lawsuit. Such evidence is comprehensive medical records related to the injury, prescription, past medical history, and first-aid treatment report (if any), etc.
How Medical Record Review Services Assist Attorneys
Medical record review services focus on analysis and summarization of medical documentation. In other words, they facilitate attorneys understand the requirements and perform legal research more efficiently.
4. Common Maritime Injury Cases
Types of Injuries
Maritime injuries include slipping and falling on board including the slip caused on deck, cramping tips, disabling ligaments, and also serious dropping or even explosions of equipment. The list of types of injuries helps lawyers in getting ready for their cases.
Case Studies
Case Study 1: Slip and Fall Incident
Overview of the Case: The employee was a deckhand who slipped and fell on a wet area of a fishing vessel.
Challenges: The defense claimed that the employee’s actions were careless.
Solutions: The review of the medical records does show that the present condition was aggravated by past injuries thereby faulting the employees conduct.
Case Study 2: Equipment Malfunction
Overview of the Case: A maritime worker was a victim in an accident in which a crane that was in use malfunctioned and reversed on him inflicting great injuries on him.
Challenges: Challenging the eyewitnesses who had information on whether the equipment was properly maintained was an uphill task.
Solutions: The team focused on maintenance records, as well as records of the medical examinations that were carried out, which were indicative of the lack of proper equipment maintenance.
5. Navigating the Legal Process
Filing a Maritime Injury Lawsuit
Attorneys should be informed of the certain modes of filling Maritime injury lawsuits, for example the effect of the geographical area and the time limit within which a case must be filled.
6. Conclusion
Recognizing the subdivision of the maritime law and the nature of the medical record review services is important for attorneys dealing with clients in cases of injury at sea. There has been an increase in these opportunities for attorneys to improve their practice and clientele.
