Archives: FAQs

What is the statute of limitations for injuries at sea under the Jones Act?

When you sustain an offshore injury and need a maritime injury lawyer, Houston area residents who engage Cobos Law Firm trust them to file timely claims on their behalf. A maritime worker injured at sea has three years from the time of an injury to file a lawsuit for injuries.

As any good Jones Act lawyer will tell you, if a suit is not filed during this window of time, the opportunity is lost. Occasionally, a worker might not be aware of having sustained an injury until some time has passed. In such cases, the clock on the statute of limitations starts ticking at the time the injury is discovered.

What should I do when I suffer a maritime injury?

If you suffer a maritime injury, it’s important that you don’t delay. Inform your supervisor and fill out an incident report. With the exception of that report, don’t sign anything offered by your employer until it can be reviewed first by a personal injury lawyer. If you are able, photograph the immediate scene. If you can’t, see if a trusted co-worker can do so for you. Of course, you should seek medical treatment immediately.

Then, as soon as you are physically able, you’ll want to contact an attorney and put in a claim while memories of the incident are still fresh as well as to document your injuries. This is also important because statute of limitation laws will apply. If you miss the window of time to legally put in a claim, you may lose out on any compensation whatsoever.

There are certainly plenty of general practice law firms in the area, but if you need a maritime injury lawyer Houston area residents consistently point to Cobos Law Firm as the best in the business.

When you contact Cobos Law Firm, we arrange a free case review with a skilled and knowledgeable personal injury lawyer who will help you understand your rights.

How much does a Houston maritime injury lawyer cost?

When in search of a maritime injury lawyer, Houston area residents are fortunate to have Cobos Law Firm to turn to. Our attorneys have the knowledge and experience to put together a sound case and make a strong argument for you in court. That said, we understand that legal fees can be expensive, especially when your source of income has been diminished.

When you engage a Houston maritime injury lawyer from Cobos Law Firm, that lawyer will work strictly on a contingency basis. This means no upfront fees or retainers will be required of you. After your free case evaluation, should you choose our representation, we’ll ask you to sign a Power of Attorney contract which will grant the attorney sole authorization to represent you and your claim.

In return, you will agree to pay a percentage of the amount we recover along with such expenses as court fees and hired experts. We’ll explain this fully during your free initial consultation.

What is maintenance and cure?

A maritime worker who has sustained a work-related injury or illness is entitled to maintenance and cure compensation from their employer. Maintenance payments cover the actual costs of an employee’s regular living expenses such as rent or mortgage payments, necessary utility bills, groceries, taxes, and insurance, and they are typically paid on a weekly or bi-weekly basis.

Cure payments, however, cover the medical and treatment expenses related to the injury or illness. These payments will not last forever even if the injury results in a permanent disability. Maintenance and cure benefits continue until the injured worker’s physician deems that he or she has reached the maximum medical improvement possible.

When seeking a maritime injury lawyer Houston area residents recognize Cobos Law Firm as one of the best firms in the business for providing strong representation. When you need a Houston maritime injury lawyer, Cobos Law is here to help.

What is admiralty law? Is it the same as maritime law?

Admiralty law is a term that harkens back to the time prior to the American Revolution. It largely focused on contracts and torts that favored the interests of ship owners. Maritime law, on the other hand, is a set of laws that grew out of a need to protect the interests of typically low-paid seamen who often performed dangerous work for ship owners.

Over the years, the function of these laws merged to address contracts and torts as well as seamen injuries, so much so that the terms are now interchangeable. Today’s legal world is incredibly complex.

When there comes a need for a maritime injury lawyer, Houston area residents have consistently placed their confidence in Cobos Law Firm, experts in litigating maritime cases.

Does maritime law cover pirate attacks?

We live in uncertain times, and unfortunately, piracy attacks can and do happen in foreign waters. If you’ve been injured at sea in a pirate attack, a good maritime injury lawyer will utilize the Jones Act to help you recover lost wages and medical expenses.

What kinds of accidents might maritime workers experience on oil rigs?

If you work on an offshore oil rig, you can expect hard work and long hours surrounded by heavy equipment and machinery. It is not uncommon to become injured due to job requirements involving bending, lifting or twisting. Slips and falls, traumatic brain injuries, and fire and chemical burns from oil rig explosions are, fortunately, less common, but they can happen. If you become ill or injured while working on an offshore oil rig, you may be entitled to damages.

Does general maritime law include any basic provisions?

Employers are required to ensure workers have a safe environment in which to carry out the duties of their jobs. Additionally, if workers are injured during the course of carrying out their duties, employers must provide maintenance and cure.

My Insurance Company Denied my Business Loss Claim – What Can I Do?

A Policyholder has Recourse Against their Insurance Company in the form of a Lawsuit.

denied business insurance claim

A denied business loss claim can ruin a business and insurance companies know that even though an insured individual can file a lawsuit at no upfront cost to the insured (i.e., a contingency-based lawsuit), such lawsuits are time-consuming. In many cases concerning widespread losses, insurance companies make a financial bet that their payout in the form of lawsuits would be less than if they honored their claims.

Business interruption insurance is, by definition, a first-party claim. A “first-party claim” involves a policyholder filing a claim against their own insurance company. This terminology differs when a claimant asks someone else’s insurance to cover a loss. That is called a “third-party claim” and often rises in the case of a vehicle collision.

Many states offer additional protection to first-party claimants to prevent insurance companies from acting in “bad faith.” In the insurance context, “bad faith” means that the insurance company did not act fairly.

Examples of “bad faith” range from an insurance company misrepresenting the policy’s language to avoid paying a claim to unreasonable demands on the policyholder to prove a covered loss and many circumstances in between. Upon finding “bad faith,” it is not uncommon for a Court to award three times the number of the insured’s damages against the insurance company. Moreover, they require the company to pay the insured’s attorney’s fees. Such practices help hold insurance companies accountable.

Contact Cobos Law Firm for a free consultation.