What is ‘general average’ and how does it affect my maritime injury claim?

General average is a legal principle in maritime law that requires the costs of a maritime disaster be shared equally among the affected parties. This means that if a merchant ship sustains damage due to an accident, any passengers and cargo on board must bear the costs of repairs proportional to their percentage of the total value of the ship and its cargo. In California, if you’re injured in a maritime accident, you may be entitled to compensation under general average. This means that if your claim is successful, the costs of both the damages and the repairs that your accident caused will be shared among those involved. This can be a significant factor in receiving fair and full compensation for your injuries. However, there are some key limitations to this principle. First, the party responsible for the accident may not be held liable for all of the costs associated with the damage, as they may try to reduce the amount they are required to pay. Second, the costs associated with general average may not be covered by insurance, and you may have to pay out of pocket to have your damages repaired. Finally, general average claims may be subject to a specific statute of limitations, meaning you may be barred from seeking any compensation if the claim is not filed in time. In conclusion, general average is an important part of maritime law in California and can play a role in maritime injury claims. The key to success is understanding the limitations of the law and being prepared to pursue the necessary legal action in a timely manner.

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What is ‘general average’ and how does it affect my maritime injury claim?

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