A Jones Act negligence claim requires a lower burden of causation than other negligence cases. Most other negligence cases require proof the negligence of the defendant served as the primary cause of the injury. To prove causation for the Jones Act, it is only necessary to establish that the defendant’s negligence played any part in causing the injury. No matter how small, damages can be recovered if negligence contributed.
The level of your negligence, while not serving as a bar for recovery, influences the size of recovery. Compensatory negligence by you reduces the recovery by what percent you were at fault. If you were 40% negligent in causing the injury then you will recover 60% of the reward.
The lawyers at Doyle LLP have vast experience in offshore claims and understand numerous federal maritime laws, such as the Jones Act law, that apply to offshore claims. Our Texas firm works every day to help clients across state lines and international borders in their maritime accident claims