An injured seaman can file suit in many locations and states when they file suit under the Jones Act. This article explains where.

Where can I file suit under the Jones Act?

A suit filed under the Jones Act can be filed in either state court or federal court. There is a legal principle known as the "savings to suitors" clause which provides that even though the Jones Act is a federal statute, claims under the Jones Act may still be filed in state court which recognizes federal claims under the Jones Act. However, if you file your claim in federal court under the Jones Act, you alone have the right to select either a judge or jury trial. By contrast, typically if a Jones Act claim is filed in state court either party will have the right to a trial by jury. Depending upon the facts of your case and the federal judge to whom your case may be assigned, sometimes it is better to select a trial by judge rather than a trial by jury.

The location of the courthouse where you are allowed to file suit varies from case to case. Normally you will be allowed to choose between several locations to file suit. If you file suit in Federal Court, any Federal Court in the United States has the ability to hear your case. However, in Federal Court there is a rule known as forum non convenes which essentially requires that the Federal Court you select be located near some of the relevant activities that did, or will, occur in your case. This can include the location of the original accident or the location of your treating doctors or the location of key witnesses in your case including yourself. If you file suit in state court, there is usually also a requirement that some of the activities in your case have occurred near that location. This can often be satisfied if the company has an office located nearby or if you were sent offshore from that location. Our office regularly files suits in federal and state court in south Louisiana on behalf of workers from Florida, Alabama, Mississippi and other southern states since their employers have offices in Louisiana and/or the employee worked out of South Louisiana.


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