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2015/09/14

Help In Times Of Civil Maritime Litigation

By Kenya England


Vessels at sea, whether cruise or cargo ships, are subject to laws and regulations no matter their origin or purpose. If they are in violation, willful or not, they can be subject to civil maritime litigation with all the negative consequences it entails. Therefore it pays to be up to date on the possible recourse, especially in regard to extensive lawsuits.

Laws that pertain to the high seas stem from a United Nations Agreement and various alliances that promote a common code of conduct on open waters. Any crimes committed will be prosecuted by the appropriate bodies, requiring the services of a maritime attorney to help navigate the process in your favor. The laws are stringent and not every lawyer is up to speed on them. Furthermore, they take considerable time, even months, to conclude.

Legal issues can stem from a variety of violations related to market and industry. They may pertain to ferried goods, or actions by the captain and/or crew. A complicated lawsuit can take years to reach a verdict or settlement. Getting professional help is of the essence in achieving a fair judgment, but even then, the outcome will be unknown.

Many shipping businesses operate with borrowed funds. These loans have stringent ramifications and being delinquent or in arrears can result in arrest until the funds are paid off or at least up to date. In other words, you may not default without consequences. Thus, it pays to be fiscally prudent.

One major crime at sea is water pollution such as happens when there is an oil spill from a tanker. A lawsuit will no doubt ensue as it is a serious ecological problem that can be destructive to the shoreline and wildlife. Sea creatures can also be decimated. A significant legal liability is bound to follow and may even entail incarceration of the ship's captain, a dire consequence indeed. An admiralty lawyer will be waiting in the wings.

To prevent a catastrophe, it pays to take out maritime insurance in the event of a mishap. They cover various hazards most likely to happen at sea. They are designed to cover a voyage or they can be a time charter plan, both offered by indemnity agents. The latter is simply coverage for a duration, while the former is only one time. They may restrict hazards or cover them all. A comprehensive insurance policy makes sense for the average shipping company.

It is advisable, if not mandatory, to keep your insurance up to date in force in the event of a hazard or other problem while at sea. If something should arise, there may be a time limit in contacting your agent. Claims must be prompt or you may be facing default. It is painful to suffer any kind of financial loss.

Knowing the ins and outs of maritime legal proceedings is of the essence for seagoers and experienced lawyers should be on hand. They can help with insurance declaration applications and handle any related legal action.




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