Admiralty / Maritime Questions & Answers by State

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Admiralty / Maritime Questions & Answers

Q: What does it mean when a person is indicted for theft and there is no discovery or nothing in the discovery?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Ohio on
Answered on Dec 4, 2017

That's a lot to unpack. What happened?

First, Miranda warning are required only if the police intend to use the answers to questions they ask during a custodial interrogation. If they didn't question you, don't need your answers, or you were not in custody when you were questioned, they don't need Miranda. Second, the punishment, so to speak, for the state for violating Miranda is not dismissal of the case but exclusion of the answers given during interrogation and potentially other...
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Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 2, 2017

If the injured person was employed on the vessel then Federal maritime law applies. If the boat was in state territorial waters both state and federal maritime law apply. If the boat is beyond the state territorial waters when the injury occurs then Federal maritime law applies

www.newyorktriallawyers.org
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Q: My husband was injured on the job - we feel the boat was unsafe

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Nov 1, 2017

If your husband was employed on a vessel, he is entitled to maintenance, which is the amount of money that he needs to live (ie, shelter food), while he recovers, as well as Cure, which is the payment of his medical bills, and if there was a dangerous condition aboard a ship, he can sue under the general maritime law doctrine of unseaworthiness. There are a lot of maritime standards which are published by the American Society for Material and Standards (ASTM) which apply to ships. If the...
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Q: I am in Canada does the class action re. The cruise lines and calling regarding the trip stilll apply. Also oxycontin ..

1 Answer | Asked in Admiralty / Maritime, Personal Injury, Intellectual Property and Internet Law on
Answered on Oct 31, 2017

No reason you can't join but the class will have it's definition of who is included. Contact the attorneys and ask them.
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Q: I need help with my birth certificate and certificate of live birth

1 Answer | Asked in Estate Planning, Admiralty / Maritime and Family Law for Ohio on
Answered on Oct 17, 2017

A Certificate of Live Birth is just the 'full' name of what most people call a 'birth certificate, and many states have slightly different names for the same document.

The state where you were born has the record, and you can get a copy from that state's bureau of vital statistics (or whatever that department is called in your state -- again, the terminology may be slightly different). You DO have to prove who you are however, as birth records are NOT public documents, and are far too...
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Q: How does a seaman sue his employer for the unseaworthiness of the vessel?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Oct 13, 2017

Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at

https://www.newyorktriallawyers.org/accidents-at-sea/
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Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance
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Q: My houseboat sank in a private marina during Hurricane Irma, What is my obligation as far as removal is concerned.

1 Answer | Asked in Admiralty / Maritime and Consumer Law for Florida on
Answered on Sep 16, 2017

You have the obligation to remove it. For specifics refer to your agreement with the marina.
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Q: How does a state have standing to bring a bill of indictment, without corpus delecti evidence?

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Admiralty / Maritime for Georgia on
Answered on Sep 7, 2017

Since 1972 in Georgia, corpus delicti has been allowed to be proven by circumstantial evidence. Go to trial, and see how the case comes out.
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Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2017

If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.
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Q: What is the statute of limitations under the Jones Act for injuries at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jul 20, 2017

With certain exceptions for government owned vessels, it is three years.
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Q: If I'm seriously injured while working at sea, can my spouse file a loss of consortium claim?

2 Answers | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for New York on
Answered on Jul 13, 2017

You want to speak with a lawyer who is a member of the NYState Trial Lawyers Assn--that handles maritime/Jones Act cases; they give free consults. No is the short answer to your question.
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Q: What does international waters mean and how would it affect a personal injury claim if I'm injured outside of a

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Jun 21, 2017

Where is the port of call of the ship on which you were injured? International waters are in between the property boundaries of countries, i.e., no man's land. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Are cruise ships subject to admiralty law if I get injured on one?

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Jun 6, 2017

Yes. Call me if you would like to discuss the facts of your case. 305-371-6000. You can also email me the details at info@gslawusa.com.
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Q: What are international waters? Can I just pick a country to file an injury claim in if I'm injured in them?

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on Jun 2, 2017

No, I believe you would file a claim in the country in which the ocean vessel (assuming there is a vessel involved) is registered.
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Q: In N.J. can a Prosecutor draft the indictment 7 days after the hearing unsigned by a foreperson to quash a preliminary h

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Constitutional Law and International Law for New Jersey on
Answered on May 15, 2017

You are asking Warrant vs. Indictment. Indictment is fine as recited above, not a 4th Amendment Violation
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Q: Is there any document or court decision that officially superseded the original Articles of Confederation?

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Delaware on
Answered on May 11, 2017

The very terms of the Constitution, ratified by 11 of the original 13 colonies, replaced the terms of the Articles. For example, Article 5 of the Articles of Confederation sets out the make-up of Congress, while Article 1 of the Constitution sets out a new, different way to make up Congress. The Preamble to the Constitution itself says that it is now the Constitution. We don't "pretend" the Articles no longer apply. They no longer apply because the People decided to adopt a Constitution in...
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Q: I want to sue the captain of a ship I was working on for an injury sustained on his vessel while located off the coast

1 Answer | Asked in Admiralty / Maritime for Florida on
Answered on May 8, 2017

You do not provide enough facts for a definitive answer. If you are a foreign seaman working under a collective bargaining agreement on a foreign flag vessel with a mandatory arbitration remedy, then, the answer is no. If you are a seaman whose employment originated in a US port, and you were injured offshore, you possibly can sue the vessel. There are jurisdiction issues. The vessel could be owned by a soverign or government, which has special rules. There are many potential issues. Call a...
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Q: What are the key differences between maritime law and regular personal injury law? Can't I just hire a regular personal

1 Answer | Asked in Admiralty / Maritime for Texas on
Answered on Apr 28, 2017

The answer to your question is probably not. In maritime law cases, such as cruise ship accidents and injuries many cruise lines require claims brought in certain jurisdictions like federal court in Miami Florida. Maritime law also is a complete different body of law as opposed to state law. You need a lawyer who specializes in that area.

If you have any questions, you can email my office about your case at info@gslawusa.com with more specifics about your case. My firm specializes in...
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Q: If I'm injured on a dock, does the Jones Act cover me or is this more the purview of a traditional personal injury

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Apr 21, 2017

It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.
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