What is ‘general average’ and how does it affect my maritime injury claim?
General Average is a principle of law in the maritime industry that allows a ship’s owners, insurers, and cargo owners to share the costs of an emergency situation that affects the entire voyage. When a maritime vessel is damaged or sunk, the principle of General Average allows all the owners, insurers and cargo owners to share the loss proportionally. This will affect a maritime injury claim if the injury is related to the event that caused the General Average. For instance, if a ship is damaged by a storm and the injured person was on board when the damage occurred, General Average would affect the injury claim. The insurer would have to share the costs of the damage among all the owners of the vessel. So, if the injured person was on board when the storm damage occurred, a portion of the insurer’s compensation to the injured person would likely be paid to the vessel’s owners. That means the injured person would receive less compensation from the insurer due to the principle of General Average. When a person pursues a maritime injury claim in Washington, they should account for General Average in their claim. It’s important for the injured person to get legal advice, as the principle of General Average can be complicated and there could be other factors that affect the claim.
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