Mississippi Maritime Lawyers

Supporting Mississippi Maritime Workers After Accidents

Maritime accidents can impose severe financial and emotional burdens on seamen and their families. Victims often face extensive hospital stays, long-term rehabilitation, and the need for in-home care—all while losing the ability to earn a living. The implications extend beyond immediate medical costs to include future health complications and the need for ongoing support such as physical therapy. It's essential for injured seamen and their families to secure adequate compensation under maritime law to cover these comprehensive costs and help them maintain financial stability 

At Arnold & Itkin, our Mississippi maritime injury lawyers understand the complexities of maritime law and are dedicated to ensuring that you receive the full financial compensation you deserve. Our attorneys fight relentlessly on behalf of maritime workers to cover all associated costs of their injuries and secure their future. 

We’ve been recognized by prestigious, well-known organizations for our commitment to our clients: 

• Forbes: In 2024, founding attorney Jason Itkin was recognized among Forbes’ Top Lawyers for securing some of the largest settlements and verdicts in the nation, including a record-setting $8 billion against Johnson & Johnson.
• National Association of Distinguished Counsel: Founding attorney Kurt Arnold has been called “one of the nation’s most respected and skilled trial lawyers” by NADC and was noted for recovering more than $1 billion in just 10 years.
• Lawdragon Legends: Both Kurt Arnold and Jason Itkin are named among Lawdragon’s “Legends of the 500,” meaning they have been included in the organization’s influential annual guide at least 10 times.
• Super Lawyers®: Kurt Arnold and Jason Itkin have both been selected for inclusion in the Super Lawyers® and Super Lawyers® Rising Stars lists multiple times, with Kurt receiving the honor of being one of the youngest attorneys in Texas history to be named among the Texas Rising Stars list at just 34 years old.
• The National Trial Lawyers: Kurt Arnold and Jason Itkin are both members of the prestigious organization, The National Trial Lawyers, which highlights and honors leading attorneys in the field of law.
• Best Lawyers®: Arnold & Itkin has received Best Lawyers’ The Best Lawyers in America® award 10 times, as well as its Best Lawyers: Ones to Watch® in America award 4 times, among other notable honors.

We’ve earned this recognition because we fight to win—and our results prove it. Time and time again, we’ve gone up against powerful port authorities, oil and gas companies, and other maritime employers, and time and time again, we’ve won the compensation our clients needed to get the best possible care so that they could move forward with their lives. If you or a loved one has been affected by a maritime accident, contact us at (888) 493-1629 for a free consultation to discuss your case.

What Is Maritime Law?

Admiralty law, commonly referred to as maritime law, regulates the operations of vessels and addresses incidents on the sea. Originating from British admiralty courts that functioned independently from common law courts, this legal area was adopted into the U.S. system shortly after the Constitution was ratified. Notably, Congress has enacted four significant laws to safeguard offshore workers, including the Jones Act, the Limitation of Liability Act, the Death on the High Seas Act (DOHSA), and the Longshoreman & Harbor Workers Compensation Act (LHWCA).

Below are some of the key principles of U.S. maritime law:

The Jones Act (Merchant Marine Act of 1920)

• The Jones Act protects seamen injured due to employer negligence while working aboard vessels in navigation.
• It allows injured seamen to sue their employers for damages, including medical expenses, lost wages, and pain and suffering.
• This only applies only to workers who spend at least 30% of their time working on a vessel in navigable waters.
• There is a three-year statute of limitations on Jones Act claims, meaning they must generally be filed within three years of the injury.

Maintenance & Cure

• This is a centuries-old maritime principle that requires employers to provide medical care (“cure”) and daily living expenses (“maintenance”) to injured seamen until they reach maximum medical improvement.
• The right to maintenance and cure applies regardless of fault—employers must pay even if they were not negligent.

Unseaworthiness Doctrine

• Vessel owners have an absolute duty to ensure their vessels are “seaworthy,” meaning reasonably fit for their intended use, properly manned, and maintained.
• If an unseaworthy condition causes injury, the injured seaman may have a separate legal claim apart from Jones Act negligence.

The Longshore & Harbor Workers’ Compensation Act (LHWCA)

• The LHWCA covers maritime workers who aren’t classified as seamen, such as longshoremen, harbor workers, stevedores, and shipbuilders.
• It provides no-fault workers’ compensation-style benefits for injuries that occur on or near navigable waters.
• Injured workers may receive medical care, wage replacement, and disability benefits under the LHWCA.
• Claims under LHWCA must be filed within one year from the date of injury or the last compensation payment.

General Maritime Law

• General maritime law provides additional legal remedies, such as claims for personal injury, wrongful death, and unseaworthiness not covered by specific statutes.
• It includes protections for passengers and maritime workers not covered under the Jones Act or LHWCA.

The Death on the High Seas Act (DOHSA)

• The DOHSA applies when a death occurs more than three nautical miles from U.S. shores due to negligence or unseaworthiness.
• It allows surviving family members to recover pecuniary (financial) damages, such as lost support and funeral costs.

The Limitation of Liability Act

• This Act allows vessel owners to attempt to limit their liability to the value of the vessel and its cargo after an incident.
• It is often used defensively by vessel owners in injury or death cases, but courts may reject the limitation if negligence is proven.

Recommended Further Reading:

Your Right to Maintenance & Cure in Mississippi

Maintenance and cure is maritime law’s basic way of ensuring the health of injured seamen. Under this provision, a vessel owner is required to take care of an employee who is injured aboard their vessel.

This principle can be broken down into two terms:

• Maintenance: Once an employee is injured, they must be compensated for living expenses, such as rent.
• Cure: Shipowners are required to pay medical expenses at no cost to the injured. The word “cure” is used as employers are required to pay for medical care until the worker reaches maximum medical improvement.

The right to maintenance and cure does not require proving fault. It simply requires that the injury occurred on the ship while the seaman was employed. However, this law has limitations. It does not account for the pain, suffering, and future medical treatment needed after an employee is “fully” recovered. It also does not account for how a seaman can support themselves if they can no longer work.

Mississippi Jones Act Attorneys

Also known as the Merchant Marine Act of 1920, the Jones Act was written to protect maritime workers in American waters or on American vessels. It holds vessel owners and supervisors responsible for maintaining equipment and creating a safe work environment. 

A successful Jones Act claim compensates workers for losses caused by the carelessness of the owner or supervisor. While it resembles maintenance and cure in some ways, the Jones Act covers more losses.

Successful Jones Act claims can include compensation for damages such as:

• Lost wages
• Lost earning capacity
• Physical and mental anguish
• Medical care, present and future
• Living expenses during recovery

Before the Jones Act, injured offshore workers could only receive compensation for wages, board, and medical care until they reached maximum recovery. In many instances, workers found themselves fully "recovered" from their injuries but with no way to move forward financially because of their lasting impact.  

The average Jones Act claim is far larger and more comprehensive than a claim for maintenance and cure. However, for a Jones Act claim to succeed, the seaman must prove that the owner or employer was at fault. That could mean anything from proving that the employer knew about a hazardous leak to proving that the employer didn't hire enough staff to perform the vessel's duties. The circumstances of your accident will help us figure out how exactly your employer's action or inaction led to your injury.

Your Rights Under the Jones Act

The Jones Act lists all the rights and entitlements offshore workers can expect from maritime employers. 

As an offshore worker, the Jones Act gives you the right to:

• Reasonably safe working environments
• Make a legal claim if injured due to negligence
• Maintenance and cure related to injury or illness
• Additional compensation if the vessel or crew is deemed unseaworthy
• Punitive damages if an employer initially refused payment of maintenance and cure

In addition to this, the families of deceased offshore workers have the right to bring wrongful death claims under the Jones Act when their loved ones die due to negligence or unseaworthy vessels.

Mississippi Boat Accident Attorneys

With the nation’s largest river serving as its western border, Mississippi relies on water. During the 19^th century, steamboats carrying goods ran up and down the Mississippi, playing a crucial role in the nation’s economy. Major transportation routes along the river helped shape this state in its earliest days. 

Today, Mississippi’s various waterways are still used for commerce and pleasure. Unfortunately, with this comes the risk of serious, even life-changing accidents. A report by local news station WJTV found that, in 2023, seven people died in a total of 31 boating accidents, making Mississippi the eighth highest state for recreational boating fatalities. 

Boat accidents can be caused by a wide variety of factors, including:

• Alcohol (Boating Under the Influence): Many boating accidents happen in a recreational setting, where drinking is widely accepted or even expected. This means that alcohol is often involved to some extent in many accidents. However, Mississippi strictly enforces laws prohibiting drinking and boating or consuming any combination of alcohol, drugs, and controlled substances. 
• Inexperience: Mississippi law requires any individual born after June 30, 1980, to complete a safety course before operating a boat. However, completion of a course is not always a sign of experience. Additionally, children and teens from 12 to 15 can operate a motorboat with more than 10 horsepower as long as they are accompanied by someone 18 or older. When inexperienced boat operators aren’t provided with careful supervision, the results can be disastrous. Boats do not stop as quickly as land vehicles, so it is easy to misjudge how long it can take to stop.
• Severe Weather: Bad weather causes hazardous conditions, which can be difficult for even the most experienced operators. When water is choppy, a boat can take on water, capsize, or even sink. In fact, the duck boat accident that occurred in Branson, Missouri in 2018 happened in the choppy waters of a sudden summer storm. The accident took the lives of 17 people who were taking a tour of the lake.

Mississippi Cruise Ship Accident Lawyers 

If you've suffered an injury in Gulfport as a passenger or a worker on a cruise ship, we're here to help. Cruise ship operators and vessel owners have a duty to prioritize safety over profits. When they fail to uphold this responsibility, it can endanger workers and passengers alike. Whether your injury occurred due to unsafe conditions aboard the ship, during embarkation or disembarkation on a gangway, or any other cruise-related activity, we are prepared to help you.

Our Mississippi cruise ship accident attorneys are committed to upholding your rights and securing the compensation you deserve. We aim to hold negligent parties accountable and ensure that such oversights are addressed to prevent future incidents. By choosing our team, you're not just hiring a lawyer; you're hiring an advocate who will stand firmly beside you, fighting to make sure that those responsible for your accident are held fully accountable.

Call (888) 493-1629 for a Free Consultation Today

Our Mississippi offshore injury attorneys have seen the same pattern when workers are injured offshore: Employers fail to maintain equipment and employ safety practices, eventually leading to an injury. Though they proclaim their dedication to safety, their words often amount to nothing. Instead, companies point the finger at their employees. 

When negligence causes an injury, employers blame the people they’ve hurt. At Arnold & Itkin, we believe that this is unacceptable. 

It is an employer’s job to protect the people who work for them. As maritime lawyers in Mississippi, we take pride in helping injured offshore workers stand up to large companies. Our dedication to fighting for workers has helped us win billions in verdicts and settlements. We do not allow complex cases to intimidate us, and we will never back down unless we are satisfied that the best options are presented to our clients. 

When BP tried to shift blame to its employees for the Deepwater Horizon disaster, our attorneys were there to represent over one-third of the crew. We didn’t let the crew take the blame then, and we won’t let you take the blame today. When those in charge sailed the El Faro into a category 4 hurricane, we represented the widows who trusted us with obtaining justice on behalf of their husbands who perished at sea. 

We’re ready to listen to your case and help. Call today. 

Contact our Mississippi offshore injury attorneys at (888) 493-1629 for a free consultation. You don't pay unless we win.

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