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Evidence of an Offshore Injury in an Emotional Distress Lawsuit
You may not typically consider a psychological condition as an injury, but when it results from a traumatic experience such as a hostage situation or kidnapping, it may be considered a psychological injury under Jones Act damages. In incidents of pirate attacks while working in international waters, many seamen have suffered long-term mental conditions that can impair their functionality both at work and at home.
Providing evidence of these types of non-physical damages can be difficult in an emotional distress lawsuit. The Jones Act is usually applied to cases of physical injury in which tangible evidence of wounds or illness can be proven through medical exams. Showing relevant evidence of mental damages can be more difficult and require the help of a specialist such as a psychologist to make a proper diagnosis and evaluation.
Proving Negligence in an Incident of Piracy and Offshore Injury
Maritime lawyers know that proving the actual emotional distress is only part of the difficult task of settling this type of offshore injury claim. The other issue is to establish that the negligence of another led to the attack. This can be one of the most difficult types of offshore injury claims to show evidence of negligence.
In your emotional distress lawsuit, you need to show that your employer either failed to acknowledge the dangers of an impending attack, did not provide adequate training for what to do in events of piracy, or did not take steps to avoid known areas of piracy. Negligence may also be the case if your employer fails to provide adequate medical treatment for your psychological needs following the incident.
When incidents in international waters on a platform or vessel offshore cause injury to your mental health, it’s generally not your fault. If negligence of another party such as your employer can be shown to have caused your emotional damages, lawsuit resolution is often your best course of action. Experienced maritime lawyers who deal with claims under The Jones Act and maritime law can help your case.
Maritime Lawyers can help with an Emotional Distress Lawsuit under the Jones Act
The Jones Act Law provides you with certain protections your employer may not want you to know about. Maritime lawyers from The Young Firm in New Orleans, Louisiana can help you if you are seeking to file an emotional distress lawsuit after becoming the victim of piracy, kidnapping, or other traumatic situations while working on an overseas oil rig, vessel, or platform.
Though we are based in Louisiana, we are ready and able to help injured victims throughout the U.S. Order our free Maritime Injury Law guide and/or our guide to what to do when you are injured offshore to learn all about your rights as an injured worker.
When you are ready to get started with your case, we urge you to contact us today for a FREE case evaluation – call 1-504-680-4100 or toll-free at 1-866-938-6113.
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