One of the most frequently asked questions that a maritime lawyer gets asked is: How much is my case worth? Attorneys also get a lot of: if Jack Smack got $300 thousand, why am I only getting $200 thousand? What most people fail to take into consideration is that every case is different, and it is impossible to use one case as the gage of the value of another. The best you can expect a lawyer to do is give his best estimated guess for the value of a case when first presented. Ultimately, if the case does not settle, its value will be determined by six or twelve complete strangers who sit as the jury. However, there are several factors that could be looked at by an experienced maritime attorney to estimate a value for your case.
Those factors include the following:
The injury's nature and severity;
The amount of time the worker is disabled;
The employer's fault of negligence;
The seaman's contributory negligence in bringing about the injury;
The education of the worker;
The employee's age;
The worker's employment record;
The worker's prior injury history;
The employee's previous job; and
Convictions, felonies, or any other factor that might bear on the employee's credibility.
Each of the factors listed above will be carefully weighed in valuing a Jones Act case. The modern trend in litigation of Jones Act matters is for the courts to order mediation before trial. Mediation calls for an independent third party to help the plaintiff and defendant arrive at a settlement. Normally, all the parties appear at the mediator's office and both the plaintiff's attorney and defendant's attorney present the high points of their respective case to the mediator. The plaintiff's attorney will make a demand and the mediator will start the negotiation process and act as a go-between to facilitate the settlement.
Mediation is a very positive process and normally results in the settlement of the case. It is very successful because all of the parties necessary for settlement are present and both the favorable and unfavorable aspects of the case are evaluated by both sides with the assistance of the mediator.
The majority of Jones Act cases settle prior to going to trial. A very good reason for settling the case is to let those closest involved arrive at a decision, rather than a jury full of strangers. Although an experienced maritime attorney can estimate the value of the case, no one has a crystal ball and juries can produce inequitable results.
Jones Act maritime cases can be complicated and difficult, so it is important to rely on a Jones act attorney with a history of success with these types of cases, such as Schechter, McElwee, Shaffer & Harris, L.L.P. Call SMSLegal today at 800.282.2122 or visit their website for more information.
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
