Before signing a maritime release or settlement agreement for your injuries, it is vital to know your rights. According to Lipcon, Margulies & Winkleman, P.A., you should only sign a release once a skilled maritime personal injury attorney thoroughly explains your rights.
Have you suffered severe or permanent injuries while working on a fishing boat that will affect your future earning capacity and cause pain and suffering? And why does the insurance company, your employer, or the boat owner hopes you sign a release?
The answer is simple. Signing a release will prevent you from reopening your claim and asking for more money in the future. Otherwise, you might be relinquishing valuable rights and not being paid fair compensation for your claim. That is why it is best to consult a maritime lawyer to evaluate your claim. Here is what you should know.
What Factors Are Considered for A Release?
Your right to compensation is determined under federal law. In almost all cases, you are entitled to medical benefits. These include payment of all necessary and reasonable medical expenses and a daily living allowance until you have reached maximum medical improvement. The same applies to the enforceability of your release in settling a personal injury claim. The vessel owner who wants you to sign a release has the burden of proof, and to fulfill it, they must prove that no advantage has been taken.
To determine the enforceability of your release, the courts will consider the circumstances under which the release was signed, focusing on four factors:
- If the compensation was adequate for the injuries you have sustained
- If you were properly advised of the extent of your injuries and prognosis
- If you were fully advised on your legal rights
- If the vessel owner overreached
To safely work as a fisherman or deckhand requires a crewman to be physically fit. Suppose your employer is pushing you to return to work while it exceeds your physical capacity, or you have not fully recovered from your injuries. In that case, seeking legal help is critical. Never sign a release without having your injury claim reviewed. It would be best if you did not have to risk your future and life so the employer or vessel owner can avoid paying you the compensation you are entitled to for your injuries.
Advantages of Working with a Maritime Lawyer
Maritime cases can be complex and time-consuming. It takes years of knowledge, experience, and handling cases to correctly evaluate the strengths and weaknesses of a maritime injury claim. When your life is at stake, do not guess your rights. Instead, get the information you need to decide what represents fair compensation for your injuries.
Do not risk having your future lost wages, medical expenses, retraining costs, or pain and suffering, be taken advantage of. A maritime lawyer knows the obligations and duties of boat owners and what it takes to run an extended investigation. Before you sign an injury release or settlement agreement, be sure to learn about your legal rights under maritime law. Contact a maritime lawyer right away to protect your rights!
