Where are lawsuits filed?
Maritime lawsuits may be filed in either federal or state court, depending upon the nature of the suit. Whether to file in Federal or state Court is a question which must be considered. For example, in federal courts, the jury must reach a unanimous verdict; in most states, 9 out of 12 votes results in a verdict. In most cases where a claim is brought because of an injury, a jury will decide the issues– under the Jones Act, which allows a seaman to sue the ship owner via a jury trial for personal injury or wrongful death when a ship owner breaches a duty of care owed to the seaman basically meaning that the ship owner was somehow negligent, a jury will decide both questions of liability and how much in damages should be awarded. Due to the complexity of maritime law, plaintiffs are best served by retaining the counsel of a qualified attorney who specializes in this type of law. What types of damages are available? Damages in maritime cases vary depending upon the circumstances. We ask