Maritime companies have one job: to make money. Except injured employees prevent companies from making as much money as possible. Under the Jones Act, companies legally have to pay for the medical care you need to get better as well as a daily wage. And, if we find that the company was negligent, they could owe you a lot more money.
That’s why a lawyer who represents marine operators wrote an article in the Waterways Journal. He writes that companies should not to let your case go to court, but to mediate it instead. He gives four reasons why mediations save companies money. These reasons are:
- Mediations are confidential. Companies use this against you. They can admit to all sorts of things and say anything during a mediation. Everything said during mediation is confidential.
- If you do mediate your case and agree to settle it, the company doesn’t have to worry about the expense of a lengthy lawsuit. The article states, “Settlements end protracted litigation, and there is no appeal that could drag on for years.” Bottom line – mediation helps companies save money. Money you are rightfully owed.
- Companies should prefer mediation because a mediation settlement agreement can be kept secret. A jury verdict in a court case is public. In the future, anyone could look up the case and find out if the company operates safely.
- Companies should prefer mediation because only the parties involved control the outcome. The reasoning is that a judge or a jury could make the company pay more than the amount they want to. A settlement at mediation eliminates the uncertainty of a court case.
Marine companies see Jones Act lawsuits as “lose-lose situations”
This lawyer sees your injury lawsuit as a lose-lose situation for the company. He says: “If the company goes to trial and loses, it is faced with paying the judgment in favor of [the injured worker] and paying all the costs and expenses of the legal defense.”
He goes on to argue that even if the company wins at trial, they still have to pay lawyer bills and court costs. And he argues that the company’s insurance provider could increase their premiums for many years to come.
This article exposes the maritime industry’s true nature. The industry encourages company loyalty from employees, but isn’t loyal to workers when you need it most.
You have a constitutional right to be compensated for your injuries. And you have a constitutional right to file a court case if the company isn’t compensating you fairly.
If you were hurt because your company violated the safety rules in the Jones Act, they probably won’t follow the rest of the law. Especially the part of the Jones Act about compensating you for your injuries. Time and time again, we see companies try to trick you into signing away your right to file a lawsuit. We see companies tricking you into accepting a settlement for a fraction of your medical bills. And we see companies try all sorts of other ways to make your case go away.
Article reminds mariners of the importance of protecting your rights
That’s why you have to fight to protect your rights. Yes, you may be loyal to the company. But as soon as you are hurt, they stop being loyal to you.
And that’s where we come in. Our job is to make sure you get the best result possible in the shortest amount of time. We know the company will want to make your case go away for as little money as possible. But if your case is mediated and the result isn’t what you want, you don’t have to accept it. You are the only person who can make a decision about your case.
On the other hand, mediation can be a solution for your case in the right circumstances. If the company makes a good-faith effort to fix things and do right by you, you might want to accept a mediation settlement. We will give you our opinion about whether or not it’s a good option so you can make an informed decision. Our experience and track record of success in Jones Act cases are put to work to make sure you get the best result possible.
To find out how we can help you with your maritime injury case, call us at 877-724-7800 or fill out a contact form. We will answer all of your questions, walk you through your legal rights, and help you make an informed decision about your next steps.