An Update on Montagna Maritime Law

Maritime lawyers are specifically trained to assist those who have been harmed or killed aboard a commercial vessel. Maritime law is particularly complex and, in many cases, highly specialized, mainly because of the many questions regarding territorial jurisdiction. U.S. state courts have exclusive jurisdiction over maritime issues only but, they don’t have exclusive or territorial jurisdiction over maritime lawsuits. Therefore, if you live in or near the state where your commercial vessel has been sailing for some time, you may be able to bring a maritime lawsuit against the owner or captain of the ship. Maritime cases are very complex and almost always time-consuming and expensive. By clicking here we get info about Montagna Maritime Law

Most maritime lawyers will begin their representation by seeking the advice of state courts in the jurisdiction where the accident took place. If state-court jurisdiction is not available, some maritime lawyers will move to a federal court if there is no state court decision. Maritime cases are tried in federal court and, in turn, the burden of proof turns on the plaintiff. If the plaintiff is not able to prove that there has been a violation of maritime law by the defendant, the burden of proof turns on the jury, which is an expert panel appointed by the judge. Many maritime lawyers will advise their clients to seek a jury trial rather than settling out of court for a number of different reasons.

Maritime lawyers should have access to expert witnesses to testify about how their client was injured, the manner in which it occurred, and the injuries caused, if there were any. They may also present expert testimony as to the value of the claim and the resulting compensation. If the case goes to trial, the maritime lawyers’ goal will be to determine if there was negligence on the part of the defendant. If there is proof of negligence on the part of the defendant, the lawyers can use this evidence to win compensation for their client.