What if I am injured in a foreign port?

If you are injured in a foreign port you may have a Maritime Injury claim, depending on the circumstances. Maritime Injury Law in California is based on a legal principle called the Jones Act. The Jones Act allows seamen to file a lawsuit against their employer if they are injured while working on a vessel. However, in order for an injury to be covered by the Jones Act, the injured seaman must be a U.S. citizen, or an alien admitted to permanent residency in the U.S. If a seaman is injured in a foreign port, the applicable law may differ depending on the port. The “Maritime Law of the Sea” is a body of international law, and different countries have their own maritime laws. Therefore, depending on the country of the port where the injury occurred, a different set of laws may apply. Generally, the governing law is the law of the place where the vessel is flagged. A vessel is "flagged" when it is registered in a particular country and governed by the laws of that country. In the United States, vessels are typically registered in the state where their home port is located. If you were injured in a foreign port, you should consult an experienced maritime attorney who can evaluate your case and explain to you what laws may apply. The attorney can also advise you on how to proceed with a maritime injury claim and whether or not you have a legitimate case.

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