If you work at sea, you are probably familiar with the Jones Act. This is a federal law designed to provide compensation to injured maritime workers for damages suffered after an on-the-job injury.
Damages can include current and future medical expenses, lost wages and pain and suffering. If your injuries are fatal, your family may be able to file a wrongful death lawsuit under the Jones Act.
When you are injured and cannot work, you need compensation as soon as possible. One of your biggest questions is likely how long it takes to resolve a Jones Act claim.
The answer to this question depends on various factors. However, most Jones Act claims in Alaska follow the same general process.
Filing and answering a claim
The first step is filing a claim in court that gives your employer or the person you are suing notice that you are filing a lawsuit against them and requesting compensation for your damages.
After your employer is served with the claim, they have a chance to respond. Their time to respond is typically between 30 to 60 days.
Once your employer files their answer, you will likely be scheduled for a pre-trial conference with the judge. This is sometimes called a preliminary conference.
The pre-trial conference is a meeting with the judge to set discovery deadlines and a trial date. The discovery process usually takes place between the pre-trial conference and the trial. This is when both sides exchange information and documents they plan to use as evidence.
What happens during the discovery process
Depositions may occur during this time. A deposition is testimony under oath taken outside of a trial. This testimony may typically still be used as trial. Depositions and discovery usually start a few months after you file your claim.
While you are waiting for your pre-trial date, you can potentially speed the process up by starting to gather all the documents you will need to prove your claim.
To prove negligence, you must show that your employer breached their legal duty to provide you with a safe working environment and that breach caused your damages. You must also prove your damages.
Therefore, you should start gathering documents such as medical records and wage statements if you intended to include a claim for lost wages.
Proving pain and suffering is a little more challenging. Pain and suffering are often proved through testimony. You can testify about how your injury affects your life. Friends, family or a doctor can also provide helpful testimony to establish pain and suffering.
Negotiations and trial
When discovery is complete, negotiations usually start. This involves both sides attempting to resolve your claim through a settlement, which is your employer agreeing to pay you a specific amount of damages.
If you cannot negotiate a resolution, you will go to trial. Many Jones Act claims resolve before trial.
A typical Jones Act claim takes several months to over a year to resolve. How long your case takes depends on factors such as the extent of your injuries, disputes over what happened and court delays.
If you go to trial, your claim will take longer. You always have the option to resolve your case before trial. However, you should not settle a claim for less than you believe it is worth just to get the process over. You are entitled to full and fair damages after an employer’s negligence.