Seaman Lawyer Straight Talk is a series of articles on the Jones Act and Seaman's issues where we provide you an insiders view of Seaman Law by a Seaman Lawyer. We let you see how Seaman and Jones Act injury cases really work. We tell you straight old fashioned unvarnished, unsweetened truth.
What Are Compensatory Damages?
Compensatory damages are awarded to compensate the victim -- to redress the injuries that he or she actually has suffered. Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost. Examples of compensatory damages for Seaman / Jones Act Seaman:
1. Past wage loss
2. Future wage loss
3. Past Medical Bills/ costs
4. Future medical Bills/ costs
5. Loss of Household Services
6. Pain and suffering - past and future
7. Loss of enjoyment of life - past and future
8. Maintenance
9. Cure
10. Found
Punitive Damages
The doctrine of punitive damages permits the award of "damages" beyond even the most generous and expansive conception of actual injury to the plaintiff.
The rational behind punitive damages is based upon three grounds. First, punitive damages "are assessed for the avowed purpose of visiting a punishment upon the defendant." Second, punitive damages deters persons from violating the rights of others. Third, punitive damages are justified as a "bounty" that encourages private lawsuits seeking to assert legal rights.
For Injured Seaman, It's A New World
Until recently, there were no circumstances where an injured seaman could obtain punitive damages. However, due to some recent cases, Seaman can now obtain punitive damages for unreasonable failure to provide maintenance and cure. In addition, some courts have allowed punitive damages based upon unseaworthiness.
Don't Confuse The Jones Act With Maritime Common Law
It must be understood, that under the Jones Act, punitive damages are not recoverable. Instead, punitive damages are only available for maritime common law claims. Meaning, claims brought under case law: unseaworthiness, maintenance and cure.
The Jones Act is a statutory creation which allows seaman - called Jones Act Seaman - to recover based upon negligence. Because the Jones Act was created by Congress and not the courts, there is no recovery for punitive damages based upon Jones Act negligence.
Disclaimer
This Seaman's article is not legal advice. I am simplistic in order to achieve clarity. Your Seaman case, situation or circumstances may differ from those described in this article. You need to understand that whenever you go to court your credibility is always at issue. Always tell the truth.
