Maritime law, also known as admiralty law, is a specialized area of law that governs maritime activities, including shipping, navigation, and marine commerce. It encompasses a wide range of legal issues, from personal injury claims to environmental regulations, and applies to both domestic and international waters. Given the complexity and significance of maritime law, it is essential for those involved in maritime activities hire a reputable and knowledgable maritime lawyer.

Washington State maritime admiralty accident attorneys at Oshan and Associates are not just another personal injury law firm, we’re your dedicated advocates with over 24 years of experience in handling boating accident claims in Washington State and nationwide. We know the ins and outs of these cases, and we are here to guide you through the legal maze if you or a loved one has been injured in a maritime accident. 

Why Should Oshan & Associates Represent You In Your Boating Accident Case?

• Experience - For over 24 years Oshan & Associates has been helping thousands of boating accident victims put their lives back together again. In that time, we have recovered millions for our client's cases in Washington State and nationwide.
• Expertise - As a full-service personal injury law firm, we have the resources to take on the largest corporations and insurance companies.   Our Maritime Attorneys handles a wide range of personal injury cases, from car accidents to wrongful death to high profile cases. No matter the complexity we can handle it!
• No Recovery No Fee - We are so confident in our abilities to secure a favorable settlement or verdict for you that we take your case on a contingency basis, meaning you only pay us if you win! 
• Max Compensation - We are not a referral firm, nor will we settle your case for minimum amount just to get it off our desk. We have proven track record of success for our clients with max recovery. 
• Local Yakima Trucking Lawyers - We know local laws and rules when it comes to insurance settlement practices, bad faith and the local courts. For instance local rules are different from King County to Pierce County etc. You need a local Washington Firm to navigate the complexities of a maritime case and bring it all the way to trial if necessary. 
• Free No Obligation Consultation - We offer a free evaluation of your case free of charge without any obligation on your part. 

MARITIME ACCIDENT ATTORNEY EVAN OSHAN HAS BEEN FIGHTING FOR THE INJURED FOR OVER 2 DECADES! 

Evan M. Oshan and his team are not afraid to go against powerful corporations or the government. With his ‘never say defeat’ spirit and his push to represent the best of his Clients' interests Evan M. Oshan has been called a warrior for justice. Evan Oshan has experience working with all types of semi truck injury claims in the state of Washington including but not limited to brain injuries, spinal injuries and even wrongful death cases and more.

Evan M. Oshan was quoted, featured and interviewed in hundreds of news publications worldwide including but not limited to: New York Post, TMZ, ABC, CBS, NBC, Washington Post, Fox, Inside Edition, The Seattle Times, Los Angeles Times, The Washington Times, CNBC, New York Post, CNN, New York Daily News, Metro UK, People, PBS and more.

Oshan & Associates, P.C. has consistently and effectively secured substantial international, national, and local media contracts, appearing in a plethora of media coverage pieces for high profile cases. Obtaining multiple gag order confidential settlements with hard line negotiation achieving success in settlements and favorable verdicts. No case is too small, every person matters and every case is unique and treated with the outmost respect. 

Real Clients Real Reviews

★ ★ ★ ★ ★

SARAH C.

"After my car accident, Evan was an absolute lifesaver. He listened to my concerns, explained my legal options clearly, and worked tirelessly to get the best possible settlement. His communication was excellent throughout the process, and he always made me feel like a priority."

(YELP REVIEW)

★ ★ ★ ★ ★

Chris D.

Hit In Parking Lot

"Back in 2015 I was sitting in my parked truck in a store parking lot and was hit by a car coming through the parking lot quickly. The impact jerked my neck and I had an instant headache. I contacted the other driver and we exchanged information, The police in Bellevue don't respond to parking lot accidents - so no accident report. One of my family members used Evan before and had great results, so I went and spoke with him. He immediately wanted to help get me medical attention for my injuries, He only cared about getting me better at that point. Once I was done treating he got real with me, after the MRI and the years of treatment he asked what I wanted out of the case as compensation for my loss. He then said "before you answer, I would suggest that we go after the policy limits" - so thats what he did and won!! He also got my own insurance company to waive paying back PIP. Evan is a professional attorney - and has become a friend as well. If you want a lawyer that can handle business, this is your man."

(AVVO REVIEW)

★ ★ ★ ★ ★

Jim Hesketh

Top Attoreny

"I suffered injuries due to being hit by a car as a pedestrian. I was not getting a response for the pain and suffering claim from the drivers insurance company so I hired Evan Oshan. Evan was able to settle the claim which exceeded my expectations. To anyone who is looking for an attorney to represent them in a Personal Injury claim I highly recommend Evan. I am confident you will appreciate his expertise." 

(AVVO REVIEW)

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What is Maritime Law?

Maritime law is a body of law that governs maritime activities and disputes that arise on navigable waters, including oceans, rivers, and lakes. This area of law covers various aspects, such as:

• Commercial Shipping
• Navigation of governing vessels' movement on navigable waters.
• Marine insurance policies that cover losses related to maritime activities.
• Personal Injury Claims sustained on vessels or related to maritime operations. 
• Environmental laws that protect marine environments from pollution and other harmful activities.

Historical Background

Maritime law has ancient roots, with its origins traced back to Roman law and the Code of Hammurabi. The development of maritime law continued through the Middle Ages, as various maritime codes emerged in different regions, including the Laws of Oleron and the Consolato del Mare. The establishment of the United States in the late 18th century brought about the need for a cohesive body of maritime law to govern the nation's navigable waters. In the U.S., maritime law is governed by a combination of federal statutes, international treaties, and state laws. The Constitution gives Congress the authority to regulate commerce on navigable waters, leading to the creation of various laws and regulations that apply to maritime activities.

The Importance of Maritime Law 

• Provides legal protections for individuals and entities involved in maritime activities. This includes
  • Shipowners
  • Crew members
  • Passengers
  • Cargo owners.
  • By establishing clear rights and responsibilities, maritime law helps to prevent disputes and facilitate fair resolutions when conflicts arise. 
• Maritime law is essential for regulating shipping and commerce.
  • According to the World Trade Organization (WTO), approximately 80% of global trade by volume and over 70% by value is carried out by sea.
  • Maritime law ensures that shipping operations comply with international standards, promoting efficiency and safety in global trade. 
• Maritime law also plays a crucial role in protecting marine environments.
  • Maritime regulations help to safeguard oceans and waterways from harmful activities, such as oil spills and illegal fishing.
  • The International Maritime Organization (IMO) has established several conventions, including the MARPOL Convention, to address marine pollution and promote sustainable practices.
• Maritime law governs personal injury claims arising from maritime activities, providing a legal framework for injured parties to seek compensation. This includes:
  • Claims under the Jones Act
  • The Longshore
  • Harbor Workers' Compensation Act (LHWCA)
  • and general maritime law.
  • These laws ensure that injured workers and passengers have access to remedies for their injuries.

Key Elements of Maritime Law

Jurisdiction

Maritime law applies to navigable waters, which are defined as bodies of water that are capable of being used for interstate or foreign commerce. This includes oceans, rivers, lakes, and other waterways. The jurisdiction of maritime law can be complex, as it involves both federal and state laws.

• Federal Jurisdiction: The U.S. Constitution grants federal courts jurisdiction over maritime cases. The federal government has enacted various statutes that govern maritime activities, including the Jones Act and the LHWCA.
• State Jurisdiction: States retain the authority to regulate certain aspects of maritime activities, particularly those related to navigation and safety. However, state laws cannot conflict with federal maritime laws.

The Jones Act

The Jones Act, formally known as the Merchant Marine Act of 1920, is a federal statute that provides protections for seamen who are injured while working on navigable waters. Key provisions of the Jones Act include:

• Under the Jones Act, injured seamen have the right to file a negligence claim against their employer if the employer's negligence contributed to the injury.
• The Jones Act entitles injured seamen to receive maintenance (daily living expenses) and cure (medical treatment) benefits while they recover from their injuries.
• To qualify as a seaman under the Jones Act, an individual must be employed on a vessel that is engaged in navigation or commerce and must spend a significant portion of their work time on the vessel.

Longshore and Harbor Workers' Compensation Act (LHWCA)

The LHWCA is a federal law that provides compensation benefits to maritime workers who are injured while working on navigable waters or in adjoining areas, such as docks and shipyards.

• The LHWCA covers a wide range of maritime workers, including longshoremen, dock workers, and shipbuilders. It provides benefits for:
  • Medical expenses
  • Lost wages, 
  • Vocational rehabilitation. 
• The LHWCA serves as an exclusive remedy for injured workers, meaning they cannot sue their employers for negligence. However, they can pursue claims against third parties who may be responsible for their injuries. 

In addition to specific statutes like the Jones Act and the LHWCA, general maritime law applies to various maritime activities. This body of law establishes principles related to:

• General maritime law governs liability for accidents and injuries that occur on navigable waters, including issues related to vessel seaworthiness and crew negligence.
• Maritime law addresses salvage rights for individuals who assist in recovering vessels or cargo in distress. It also regulates towage agreements between vessels.
• Maritime law governs contracts between shipowners and charterers, outlining the terms and conditions for the use of vessels.

Statistics and Facts in Maritime Law

• According to the International Maritime Organization (IMO), approximately 80% of global trade by volume and over 70% by value is carried out by sea. This underscores the importance of efficient and safe maritime operations. 
• A report by the International Maritime Bureau (IMB) revealed that there were 195 reported piracy and armed robbery incidents against ships worldwide in 2020. While this represents a decline from previous years, it highlights ongoing security challenges in maritime operations.
• The U.S. Bureau of Labor Statistics (BLS) reports that there were approximately 44,000 water transportation workers employed in the U.S. in 2020. This includes a range of occupations, from ship captains to deckhands.
• According to the U.S. Coast Guard, in 2020, there were 5,265 recreational boating accidents, resulting in 767 fatalities and 3,191 injuries. 

Legal Claims and Compensation

• A study by the Maritime Institute of Technology and Graduate Studies showed that about 20% of all maritime injury claims filed are under the Jones Act, reflecting its significance in protecting injured seamen.
• The U.S. Department of Labor reported that the average compensation awarded under the LHWCA was approximately $57,000 in 2019.
• According to a survey conducted by the American Association for Justice, approximately 75% of maritime injury victims sought legal representation when pursuing claims, highlighting the complexity of maritime law and the need for experienced attorneys.

Navigating Maritime Law

Practical Considerations For individuals involved in maritime activities or personal injury claims:

• Given the intricacies of maritime law, individuals should consider seeking legal representation from an attorney experienced in maritime and admiralty law. An attorney can help navigate the legal landscape, protect rights, and pursue compensation for injuries and losses.
• It is essential for individuals to understand their rights under maritime law. For example, seamen have specific protections under the Jones Act, while longshore workers are covered by the LHWCA. Knowing your rights can empower you to take appropriate legal action.
• In personal injury cases, documenting evidence is crucial. This may include
  • Photographs
  • Witness statements
  • Medical records
  • Any other relevant documentation related to employment or vessel.
• Maritime law often involves strict deadlines for filing claims. For example, the statute of limitations for filing a Jones Act claim is typically three years from the date of the injury. Being aware of these deadlines is essential to ensure that your rights are protected.
• For maritime workers, participating in safety training and education programs can help reduce the risk of accidents and injuries. Many employers provide safety training to ensure compliance with regulations and promote a safe working environment.

Maritime law is a complex and vital area of law that governs a wide range of activities on navigable waters. From protecting the rights of injured seamen to regulating commercial shipping and environmental protection, maritime law plays a crucial role in ensuring the safe and efficient operation of maritime activities. Understanding the principles, applications, and implications of maritime law is essential for individuals involved in maritime activities or personal injury claims. By being aware of your rights, seeking legal representation, and documenting evidence, you can navigate the complexities of maritime law effectively. At Oshan & Associates, we are dedicated to helping individuals navigate the intricacies of maritime law and pursue justice for personal injury claims related to maritime activities. If you or someone you know has been injured in a maritime incident, our experienced team is here to provide guidance and support. For more information or to schedule a consultation, please contact Oshan & Associates. We are committed to advocating for the rights of individuals affected by maritime incidents and ensuring their voices are heard.