More than 120 people were onboard the DEEPWATER HORIZON. They will have immediate questions and need fast answers. They can look here to learn about lawyers, their rights and important helpful legal information.

First Things First: do I even need a lawyer, if so when do I hire one, how do I hire one, who do I hire, and what is legal and not-legal in regard to picking a lawyer? An open letter from our office.

In the months after Hurricane Katrina it often occurred to me that tragedies clearly bring out the best and the worst in people. The same no doubt will be said about the DEEPWATER HORIZON accident. (To read about my interview with a rescue captain and his friend who helped rig workers, click here. This tragedy brought the best out in them.)

Lawyers in more than 3 states were scrambling within hours of the tragedy to make direct contact with family members of the rig workers. Some of these lawyers probably were willing to pay money for claims, an illegal practice that should get a lawyer disbarred. The pressure on the victims and their families was and will be great in the coming weeks. Should they hire a lawyer, if so when, how and who? Here are our thoughts on these tough questions.

First, realize that you most likely have your pick of any lawyer in the Gulf South to take your case. There should not be any issue of liability or fault in regard to the accident. This means that you will just need to prove the value of your claim. While this may sound easy, read more on that issue below. Remember, it is your case, not the lawyer's case. If you feel as if someone wants to 'take' your case and is lobbying for it and pressuring you to 'give' them your case, this may be a red flag. Sometimes the least qualified attorneys are desperate and will go to illegal, unethical lengths to get a case.

If any attorney (or any one else for that matter) is offering cash money to represent you, this should also be a red flag. So should any lawyer paying a non-lawyer to encourage someone else (you) to hire that lawyer. If someone is trying to sell you on a particular lawyer in your area, you may want to make sure they are not getting paid anything by the lawyer.

In regard to when you should hire an attorney, if you know at this point you will not return offshore due to a physical injury or what you have been through (and no one would question that decision), then it is best to hire an attorney. Your future is clearly not with the offshore industry and you will need a strong, maritime experienced lawyer to advise you and frankly protect you from the companies and other lawyers in the coming days and weeks. If, as time goes on, you realize you won't return offshore, you should then hire the best attorney you can.

The best way to hire an attorney is to interview several. Yes, you are interviewing the attorney, they are not interviewing you. Write down lots of questions. Bring your spouse or other family member to the meeting. Ask questions like: how many maritime cases have you personally handled? what percentage of your practice is offshore or maritime related? do you only help injured people or do you defend companies for money? will you handle my case or will you refer my case to another lawyer, if so who? how long will my case take? when did you last try a case in court (if you need a lawyer at trial make sure it is not his first trial)? can you give me the names of several offshore clients I can call and speak with about you? (watching videos of former clients can help) how will you prove my damages at trial and what experts will you use to do so? These are critical questions that can tell you a lot about the attorney you are interviewing. After you meet with a few pre-screened attorneys, THEN decide which one you think is the best for you.

At the end of every case there is a 'moment of trust'. It is that moment when you have to decide how much to accept for your claim. This is largely guided by the thoughts and recommendations of your attorney. You simply must trust this person and know that they are looking out for only you--not their fee, not their ego, and not any fear they may have in going to trial or continuing to move your case forward if it does not or cannot settle.

If you have offers already made to you by any company, please discuss those offers with a good maritime attorney who knows the values of these types of cases. There are often times we tell a potential client to accept an offer and not hire an attorney. A lot of times we tell them it is not a fair offer. The DEEPWATER HORIZON accident is particularly complicated since many multi-billion dollar companies may be filing claims against each other to recover for the damages, which could include any settlements paid out. This means the company making you the offer may eventually get re-paid for it.

Finally, in regard to proving damages, damages may seem obvious and easy to prove in the HORIZON situation. However often medical injuries can require expensive testing to fully identify. Sometimes diagnostic type surgery must be performed to pin point the exact injury suffered. Your attorney must be able to arrange for, and pay for, this type of testing and surgery if necessary. Any attorney who thinks he can just take your case and 'get a quick check', may be grossly underestimating the value of your claim, or he may be unwilling or unable to spend the time and money it may take to properly prove, and then collect, your full damages.

Our office knows that many of you will be going through a very tough time in the future weeks and months. Phone us to discuss your situation or download our free book on maritime law. Your information is confidential and you will get helpful information and answers to many of your questions. Don't make a mistake that could cost you money that is important to your future.

Timothy Young


Click Here to Get Answers to Many Commonly Asked Questions About the DEEPWATER HORIZON Accident



You may have questions or concerns about your future right now. Our office can help answer those questions and discuss your options with you. Simply fill out the short form below to get started. We will contact you immediately and give you our thoughts on your situation based on helping hundreds of clients throughout the Gulf South. There is no high pressure sales talk. Just us giving you our thoughts on your options and your rights. Fill out the form below and learn you options.
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