Maritime and Jones Act Information

Hi Rick,

You asked me to find out if pain and suffering can be included in your legal damages claims, and from what I’ve found out, the answer is yes.

However, it’s impossible to put an exact dollar amount on how much you might expect to recover for physical and mental pain and suffering and loss of function.  According to the law, pain and suffering are considered the same thing - kind of a single unit when it comes to legal terminology.  Physical and mental pain and suffering includes both physical pain, suffering, discomfort or loss of function.  Mental pain and suffering includes anything from mental anguish and suffering to loss of enjoyment of life, depression, etc.

You have the right to ask for recovery for both physical and mental pain and suffering - for what you’re going through since the accident, right now and into the future. (That’s why cash settlements for maritime jones act injuries can be so high).  And if your injuries continue to be so significant that the resulting loss of function continues - (by the way, this includes body and mind), then you are within your rights to seek recovery for that loss - for both the present and the future pain and suffering.

Mental Pain and Suffering

According to my research, if the injured seaman (you) isn’t able to enjoy the things that you used to enjoy - or if you continue to worry about how you’re going to pay your bills and keep your house, or if you get depressed, etc., then you may be awarded monetary compensation for the mental pain and suffering (also called anguish).  This can include physchological injury, emotional trauma, loss of love or affection or even embarrasment that is a direct result of your injury. And it also includes compensation for the loss of previous activities - for example, since you can’t play basketall any more, that counts.

So does being worried about your house payment, not being able to cover all the bills, etc.  Under the Maritime Jones Act, you deserve compensation for those things.
Disfigurement

Oh, one more thing.  According to my research, disfigurement - since it happened in the accident, is another thing that you may be qualified to ask for damages for.  It was intended to compensate you for any embarrassment you feel because of the way you look since the accident.  Now depending on how your maritime jones act attorney decides to handle your case - for example the disfigurment claim could be lumped in with your mental pain and anguish, or it may be listed as a separate element of the entire damages award.  According to the law, this can include scarring, loss of limb, changes in vision or hearing or any other physical changes that have altered the way you see yourself.

Hope that answers your questions.  I’ll be in touch with more later.

Talk soon!