Mexico Jones Act Lawyer Straight Talk: Injured In Mexican Waters?
Working aboard luxury yachts in Mexico and sport fishing boats in Mexico can be fun and exciting
. However, the excitement can quickly turn to tragedy. Yachts and sport fishing boats can be extremely dangerous. Sometimes crew members are seriously injured on vessels in Mexico. What to do and where to turn to when a crew member is seriously injured in Mexican waters can be confusing.Seriously injured yacht crew members and their families need to understand maritime law. In order to illustrate these points here is a Mexico Jones Act lawyer accident discussion.
Can I Bring My Seaman's Case in the United States?
The first place to start is determining whether your case be brought in the United States. Generally, you may need to demonstrate ties to the United States. If the vessel is registered in the United States or your employer is from the US, you will usually be able to bring your Seaman lawsuit in the United States.
Oftentimes luxury yachts are registered in foreign countries. This is usually not an impediment to being able to bring a Seaman's injury case in US courts. You need to show US ties. Here are some examples:
- Working in US territorial waters.
- Being hired in the United States.
- Being a US citizen.
- Being paid from the United States.
- US ownership (shareholders, partners, etc.).
- Receiving instructions/ orders from US based persons.
Getting Maintenance and Cure
Oftentimes, once you are injured aboard a yacht or fishing boat in Mexico one of the single most important steps in obtaining maintenance and cure (money to live and medical treatment) is getting in contact with the liability insurance company. You usually will not receive benefits until this contact occurs. Time and again vessel owners try and keep insurance information from injured crew members. Apparently in the hope that if you don't contact the insurance company maybe you and your need for maintenance and cure will go away.
You Are At War With An Insurance Company
Getting in contact with the insurance company is a double edged sword, of course. Once you are injured, you need to know that you are literally at war with an insurance company. They are trying to keep from paying you money you are entitled to under the law. You are trying to survive on maintenance and cure.
The attitude and approach you take with the insurance company can mean everything. Don't argue and/or be hostile with the insurance adjuster. Be polite. Be nice. But don't be chatty. Remember, everything you say can and will be used against you in a court of law. Depend on it.
You are better off having your Mexico Jones Act lawyer communicate with the insurance adjuster if at all possible. Whatever you do - do not give a recorded or written statement. Do not admit fault. Do not sign any authorizations. You don't need to do any of these things in order to receive maintenance and cure.
Your Credibility is Always At Issue
Seaman's cases are court cases. Whenever you come into court asking for money your credibility is always at issue. The jury doesn't believe you before you even walk into court. Do not do or say anything to have the jury doubt your credibility. No matter what - the truth is always the best alternative. Always tell the truth.
Disclaimer:
This article is not legal advice. Any resemblance to actual cases and/or vessels is purely by accident. I am admittedly simplistic in order to achieve clarity. Each Mexico Jones Act case case is different and has separate difficulties and/or challenges.
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