Frischhertz Poulliard Frischhertz & Impastato LLC

Call Or Email Us For A Free Consultation

Phone: 504-264-9915

Toll Free: 866-920-5611

What is maintenance and cure under the Jones Act?

The Jones Act provides seamen and workers on water-based vessels with legal rights to pursue the damages they sustain while on board such vessels. However, under the Jones Act, victims carry some burdens of proof in demonstrating their rights to claim under the law and the extent of damages that they wish to procure. This post will generally discuss the doctrine of maintenance and cure under the Jones Act, and how it may apply in personal injury cases. But, readers are encouraged to discuss their possible maritime cases with Louisiana-based attorneys.

There are three things that a victim must prove beyond a preponderance of the evidence to successfully bring a Jones Act claim. First, that the victim was a seaman. Second, that the victim was working on the sued vessel when they suffered their damages. And, third, their damages (maintenance and cure) are accurate.

Under the Jones Act, maintenance applies to basic costs that a seaman incurs while traveling to a medical center or facility for treatment. It can include costs related to food, transportation and lodging, while the seaman is in route from the vessel to the medical center.

Cure relates to the costs associated with providing the injured or ill seaman with the medical attention they need to recover. It can include hospitalization costs, costs of medicines and doctors' bills.

Different pieces of evidence may be used to prove the costs a seaman incurred for maintenance and cure in the course of seeking and receiving medical treatment. This includes doctors' reports and bills to receipts for medications, meals and others. With the right evidence and the help of a personal injury attorney that includes admiralty and maritime law litigation in their practices, a seaman may be able to recoup their losses and work toward a successful recovery.

No Comments

Leave a comment
Comment Information
Email Us For a Response

Schedule Your Free Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

It’s Easy To Reach Us.

Our office is easily accessible from
anywhere in the New Orleans metro area.

1130 Saint Charles Avenue
New Orleans, LA 70130

Toll Free: 866-920-5611
Phone: 504-264-9915
Fax: 504-581-1670
New Orleans Law Office Map