What is ‘general average’ and how does it affect my maritime injury claim?
General average is an important concept in maritime law, and it affects maritime injury claims in Pennsylvania. General average is a legal principle which states that all parties involved in a maritime voyage are equally and proportionally responsible for any losses that may occur. This includes any losses caused directly by the voyage itself or any losses that occur from the dangers of the sea. These losses can be divided into three categories: (1) the cargo, (2) the ship itself, and (3) the passengers and crew. The concept of general average applies to maritime injury claims in Pennsylvania in that the claimants may be responsible for a portion of the losses incurred. If an injury or death was caused by an event or action deemed to be a general average loss, then all parties involved would have to share the costs associated with the event or action. This means that a maritime injury claim may have to be shared with other parties who are deemed to have contributed to the loss, including the cargo, the ship, and the passengers and crew. Therefore, when filing a maritime injury claim in Pennsylvania, you should be aware that if the injury or death was deemed to be a general average loss, then you may be responsible for a share of the costs associated with the accident. This could affect the amount of your claim as you would be required to pay the costs of the other parties who are deemed to have contributed to the loss. It is important to be aware of the concept of general average when filing a maritime injury claim in Pennsylvania.
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