Best Admiralty & Maritime Lawyers in Hingham

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McDevitt Law Group, P.C.
Hingham, United States

English
McDevitt Law Group, P.C. is a Massachusetts and Rhode Island-based law firm with more than 50 years of combined experience assisting individuals, families and businesses. The practice focuses on real estate transactions, including residential and commercial closings, title searches and mortgage...
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1. About Admiralty & Maritime Law in Hingham, United States

Admiralty and Maritime Law governs disputes arising on navigable waters, ships, and other vessels. In Hingham, this includes matters on Boston Harbor, coastal mooring areas, and in local marinas where residents store boats or work as crew. The field blends federal admiralty rules with state and local regulations that affect vessel operations and safety on Massachusetts waters.

Key topics include injuries to seamen and longshore workers, collisions between vessels, salvage and towage issues, maritime liens, cargo claims, and disputes over ownership or ship mortgages. Because many claims involve federal law, cases may be heard in federal courts or in state courts enriched by maritime doctrines. A qualified Admiralty & Maritime attorney can determine the proper forum and applicable law for your situation.

2. Why You May Need a Lawyer

If you live in Hingham or operate a boat here, you may need legal help in several concrete scenarios. First, a crew member injured aboard a vessel may pursue maintenance and cure and other remedies under federal law. Second, a vessel collision near the harbor could involve liability for property damage and personal injuries that require maritime evidence collection and expert interpretation.

  • A commercial fisherman sustained injuries after a fall on a chartered boat and believes the employer is at fault. A maritime attorney can evaluate negligence, maintenance and cure, and potential Jones Act claims.
  • A local marina disputes slip rent or mooring fees after a sudden policy change. An attorney can analyze contracts, lien rights, and potential maritime remedies tied to harbor operations.
  • A passenger on a harbor tour reports injuries and seeks compensation for medical costs and lost wages. An attorney can assess severance, cure obligations, and any violations of the vessel’s seaworthiness requirements.
  • A vessel owner faces a collision claim and wants to understand whether liability should be limited under the Limitation of Liability Act. A lawyer can explain liability caps and procedural steps.
  • A maritime employee is exposed to unsafe conditions and suspects wage or benefits are miscalculated. A lawyer can review seaman status, benefits, and applicable employment protections under federal law.
  • A boat owner discovers a maritime lien holder asserting a claim against the vessel. A lawyer can respond, assess lien validity, and protect the owner’s interests in any sale or auction.

3. Local Laws Overview

Several important laws influence Admiralty & Maritime matters for Hingham residents. The Jones Act protects seamen and longshore workers who are injured due to employer negligence, allowing them to pursue damages and related remedies against their employer. This federal statute is central to many injury claims arising on vessels or in connection with maritime employment on Massachusetts waters.

“The Jones Act provides seamen with the right to recover damages from employers for injuries caused by negligence.”

Another foundational provision is the Limitation of Liability Act, which allows shipowners to limit their liability to the value of the vessel after certain maritime incidents. This act is a long-standing part of federal maritime law and remains relevant in many collision and casualty disputes. It is codified in the United States Code and interpreted by federal courts across maritime cases.

A third reference point is the Public Vessels Act, which governs liability in certain circumstances involving government vessels. These federal statutes interact with Massachusetts state regulations on vessel operation, safety equipment, and harbor activities in and around Hingham.

For local context, Massachusetts also regulates boat registration, operator requirements, and safety standards through state channels. State rules influence activities in Hingham harbors and marinas, particularly with respect to licensing, pollution controls, and equipment mandates. Always verify how federal and state rules apply to your specific vessel and location.

Source notes and further reading for federal maritime law include official government resources such as Congress.gov and U.S. Code, which host the Jones Act and related statutes, and U.S. Coast Guard, which administers many safety and regulatory aspects of maritime activity.

4. Frequently Asked Questions

What is the Jones Act and who does it protect?

The Jones Act is a federal law protecting seamen by providing a remedy for injuries caused by employer negligence. It allows eligible maritime workers to pursue damages in certain maritime employment settings. If you worked on a vessel and were injured, a maritime attorney can assess whether the act applies to your claim.

How do I know if my case should be filed in federal court?

Maritime and admiralty claims often arise in federal court, especially when involving seamen, longshore workers, or vessel operations. A lawyer can determine the proper forum based on your status, where the incident occurred, and the parties involved. Some cases may also proceed in state court under maritime law doctrines.

Can I limit my liability after a ship accident under federal law?

Limitation of Liability Act allows some shipowners to limit their liability after certain maritime casualties. Whether this applies depends on vehicle type, ownership structure, and the nature of the claim. An attorney can evaluate eligibility and guide you through the process.

What is maintenance and cure in maritime disputes?

Maintenance and cure are obligations to provide medical care and daily support to injured seamen. Even if fault is not yet proven, these obligations may factor into settlement negotiations. A maritime attorney can protect your rights and negotiate appropriate remedies.

Do I need to show I am a seaman to pursue certain claims?

Many federal maritime remedies require seaman status. The determination depends on the nature of your duties and your connection to the vessel. An attorney can review your job duties and the vessel's operations to confirm eligibility.

What should I bring to a first consultation with a maritime attorney?

Bring incident reports, medical bills, insurance information, vessel registration, contracts, photos, and witness contact details. The more organized your documents, the faster a lawyer can assess liability and potential remedies.

How long do maritime injury cases typically take in this region?

Timeline varies by case complexity and court schedule. Simple claims may resolve within 3-6 months, while complex injuries involving multiple parties can take a year or more. Your attorney can provide a case-specific timetable.

Is there a difference between admiralty and maritime law?

Admiralty law refers to cases arising on navigable waters and is primarily federal in nature. Maritime law covers a broad range of commerce and shipping issues, including contracts and regulation. In practice, many disputes blend both concepts.

What costs are involved in hiring a maritime attorney?

Most maritime attorneys offer contingent fee arrangements for injury claims, meaning fees are paid from a portion of recovered amounts. For other matters, you may pay hourly fees or flat retainers. Ask for a written fee agreement.

Can I sue a marina or harbor operator for negligence?

Yes, if negligence or unsafe conditions contributed to your injury. A maritime attorney will review premises liability, maintenance practices, and safety protocols to determine responsible parties. Naval and harbor operators can be liable in certain circumstances.

What are common evidence needs in a maritime collision case?

Evidence often includes hull damage reports, Voyage Data Recorder data where applicable, maintenance logs, weather records, witness statements, and video footage. Your attorney coordinates expert analyses to support causation and liability.

5. Additional Resources

6. Next Steps

  1. Determine if your issue falls under maritime or admiralty law by noting the incident location, vessel type, and involved parties. This helps decide whether a federal or state process is appropriate.
  2. Gather all pertinent documents, including incident reports, medical records, contracts, and vessel registrations. Create a chronological file with copies of communications and insurance policies.
  3. Research local maritime lawyers in Hingham and nearby Boston-area firms with maritime experience. Use reputable referral services from the Massachusetts Bar Association or the American Bar Association.
  4. Schedule initial consultations to discuss your facts, potential claims, and expected costs. Ask about fee structures, timelines, and required documentation.
  5. Evaluate the lawyer's approach to evidence collection, expert witness engagement, and court strategy. Request a written plan and projected milestones for your case.
  6. Clarify fee arrangements and retainers in writing. Ensure you understand who pays costs and whether fees are contingent on recovery.
  7. Choose a maritime counsel and sign a retainer agreement. Confirm communication expectations and how you will receive updates on progress.

Note: The information herein is for general guidance and does not constitute legal advice. For your specific situation, consult a licensed Admiralty & Maritime attorney in Hingham or the surrounding Boston area.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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