Best Admiralty & Maritime Lawyers in Lafayette

About Admiralty & Maritime Law in Lafayette, United States

Admiralty and maritime law governs navigation and commerce on navigable waters, including the Gulf of Mexico, the Intracoastal Waterway, and the inland rivers and bays that support the Acadiana economy. In and around Lafayette, Louisiana, maritime issues often intersect with offshore oil and gas work, inland towing and barge operations, crew boat and liftboat services, fabrication yards, and recreational boating on nearby waterways. Typical matters include offshore and inland vessel injuries, platform and jack-up incidents, cargo claims, vessel arrests and maritime liens, charter party and service contract disputes, marine insurance coverage, environmental and spill liability, collision and allision cases, and hurricane-related vessel damage.

Although Lafayette is not a deepwater port city, it is a regional hub for companies serving Port of Iberia, Vermilion Bay, the Atchafalaya Basin, Intracoastal operations, and Gulf of Mexico activity. Maritime disputes here are usually governed by federal admiralty law, often with Louisiana law filling gaps, and are handled in both federal and state courts depending on the claim and the parties involved.

Why You May Need a Lawyer

You may need a maritime lawyer in Lafayette when a dispute or injury arises on or connected to navigable waters. Common situations include a seaman injured while working on a vessel, a platform or offshore worker hurt during exploration or production operations, a longshore or harbor worker injured at a dock or fabrication yard, a crew boat or liftboat incident, a tug and barge collision, a passenger injury on a charter or tour vessel, or a serious recreational boating crash.

Businesses also seek counsel for contract drafting and disputes involving master service agreements, charter parties, towage, and offshore service contracts, for marine insurance coverage and subrogation issues, for cargo loss governed by federal statutes, for responding to oil or chemical releases, for filing or defending maritime lien claims, and for arresting or releasing vessels. Employers often need guidance on Jones Act exposure, Longshore and Harbor Workers Compensation Act claims, maintenance and cure obligations, and Limitation of Liability proceedings. Early legal help can preserve evidence, navigate strict deadlines, and position your claim or defense under the correct body of law.

Local Laws Overview

Maritime claims in Lafayette frequently arise under federal admiralty law and related statutes. Key concepts include the Jones Act for injured seamen, the general maritime law remedy of unseaworthiness, the duty of maintenance and cure, the Longshore and Harbor Workers Compensation Act for certain shoreside and shipyard workers, and the Outer Continental Shelf Lands Act for offshore operations on the federal shelf. Pure comparative fault applies in maritime personal injury cases. Many injury and death claims have a 3-year limitations period, but there are important exceptions described below.

Determining who is a seaman is crucial. Under the Chandris framework, a worker generally must contribute to the function of a vessel or identifiable fleet and have a substantial connection to it, often measured over time with a 30 percent guideline. Workers who do not qualify as seamen may be covered by the Longshore and Harbor Workers Compensation Act, which provides no-fault benefits and specific procedures and deadlines. Offshore platform workers may have remedies under the Outer Continental Shelf Lands Act, which can borrow adjacent Louisiana law as surrogate federal law and may impose a 2-year filing deadline for certain claims.

Louisiana and Fifth Circuit precedents strongly influence Lafayette maritime cases. The In re Larry Doiron decision provides a two-prong test to determine whether an oilfield contract is maritime. That designation affects enforceability of indemnity and defense obligations and whether the Louisiana Oilfield Anti-Indemnity Act applies. The Louisiana Oilfield Anti-Indemnity Act generally prohibits defense and indemnity for bodily injury or death in oilfield contracts, but it typically does not apply to contracts that are truly maritime. The Louisiana Direct Action Statute may allow certain injured parties to sue liability insurers directly in appropriate circumstances, including in some marine insurance disputes, subject to federal preemption principles and the Wilburn Boat doctrine.

Common federal statutes in local practice include the Limitation of Liability Act for vessel owners seeking to limit exposure, the Death on the High Seas Act for fatalities beyond 3 nautical miles, the Oil Pollution Act of 1990 for pollution liability and claims presentment, and the Carriage of Goods by Sea Act for cargo damage with one-year suit time and package limitation when it applies. Vessel arrests and attachments proceed in federal court under the Supplemental Rules for Admiralty or Maritime Claims. Under the saving-to-suitors clause, many maritime claims may be brought in Louisiana state courts, but in rem actions against vessels must be brought in federal court.

Boating and small craft matters often involve Louisiana Department of Wildlife and Fisheries regulations, including required reporting of serious boating accidents and prohibitions on operating a vessel while intoxicated. The United States Coast Guard oversees marine casualty reporting and investigations on navigable waters. Locally, maritime cases are commonly filed in the United States District Court for the Western District of Louisiana - Lafayette Division, with appeals to the Fifth Circuit, or in Louisiana state courts under applicable maritime and state law.

Frequently Asked Questions

What is the difference between the Jones Act and the Longshore and Harbor Workers Compensation Act

The Jones Act covers seamen and allows negligence lawsuits against their employers, plus general maritime law remedies like unseaworthiness and maintenance and cure. The Longshore and Harbor Workers Compensation Act is a no-fault system for many dock, shipyard, and harbor workers who are not seamen. It provides wage loss and medical benefits and typically bars negligence suits against the employer, though third-party claims may be available.

How do I know if I am a seaman

Courts look at your connection to a vessel or fleet in navigation and the nature and duration of your work. If you contribute to the function of a vessel and spend a substantial portion of your work time assigned to it or a fleet, you may qualify. The 30 percent rule is a guideline, not a hard line. A maritime lawyer can evaluate your specific work history and the types of vessels involved.

What deadlines apply to maritime injury claims

Many maritime personal injury and wrongful death claims have a 3-year statute of limitations. Longshore and Harbor Workers Compensation Act claims generally require notice to the employer within 30 days and filing with the Office of Workers Compensation Programs within 1 year. Certain Outer Continental Shelf Lands Act claims can have a 2-year limit. Cargo claims under the Carriage of Goods by Sea Act typically have a 1-year limit. Contract terms may add notice and suit time requirements, so act quickly.

What should I do after an offshore or vessel accident

Report the incident immediately, request needed medical care, photograph the scene and equipment if safe to do so, gather witness names, and preserve any personal protective equipment involved. Avoid signing releases or giving recorded statements to insurers before consulting counsel. Keep copies of medical records, personnel records, logs, and correspondence. Early legal advice helps protect your rights and preserve evidence.

Can I sue my employer if I was hurt offshore

If you are a seaman, you can bring a Jones Act claim for employer negligence and also pursue unseaworthiness and maintenance and cure under general maritime law. If you are covered by the Longshore and Harbor Workers Compensation Act, your remedy against your employer is generally limited to statutory benefits, but you may sue third parties whose negligence contributed to your injury.

What is maintenance and cure

Maintenance is a daily stipend for living expenses while you recover, and cure is payment of reasonable and necessary medical treatment until you reach maximum medical improvement. Seamen are entitled to maintenance and cure regardless of fault. Unjustified denial or delay can lead to penalties, including possible punitive damages.

How do maritime contracts in Lafayette interact with the Louisiana Oilfield Anti-Indemnity Act

Whether the Louisiana Oilfield Anti-Indemnity Act applies often hinges on whether the contract is maritime. The Fifth Circuit uses the Doiron test to classify oilfield service contracts. If a contract is maritime, federal maritime law typically governs and indemnity provisions may be enforceable. If it is nonmaritime and within the scope of the Louisiana Oilfield Anti-Indemnity Act, certain defense and indemnity clauses for bodily injury or death can be void.

What is a vessel arrest and when is it used

A vessel arrest is an in rem action in federal court to enforce a maritime lien, such as for crew wages, necessaries, salvage, or collision damage. The United States Marshal takes custody of the vessel. Vessel arrests are common when a creditor needs security for a maritime claim or to force resolution of a lien dispute.

Can I make a claim for boating injuries in Louisiana waters near Lafayette

Yes. Claims from recreational or commercial boating accidents on navigable waters are often governed by maritime law. Louisiana Department of Wildlife and Fisheries regulations also apply. If alcohol was involved, criminal charges like operating a vessel while intoxicated may affect the civil case but are separate from your injury claim.

How do environmental spill claims work under the Oil Pollution Act

The Oil Pollution Act imposes liability on responsible parties for cleanup costs and certain damages, including property damage and loss of profits. Before suing, claimants generally must present their claim to the responsible party and allow time for payment or denial. Government agencies and the United States Coast Guard coordinate response and claims processing for significant spills.

Additional Resources

United States Coast Guard Sector New Orleans and Eighth District - marine safety, casualty reporting, vessel documentation, and investigation resources.

United States District Court for the Western District of Louisiana - Lafayette Division - federal venue for admiralty matters including vessel arrests and Limitation of Liability actions.

Louisiana Department of Wildlife and Fisheries - boating safety, accident reporting, and enforcement for state waters.

Fifth Circuit Court of Appeals - appellate court for federal maritime decisions affecting Louisiana.

Port of Iberia District and local port authorities in Acadiana - operations and facility information relevant to maritime commerce.

United States Department of Labor, Office of Workers Compensation Programs - Longshore and Harbor Workers Compensation Act claim administration.

Louisiana State Bar Association, Admiralty Law Section - professional network and educational materials about maritime practice in Louisiana.

Seamen's Church Institute - mariner support services and education for inland and Gulf mariners.

Tulane Maritime Law Center - academic research and reference materials on admiralty law.

American Waterways Operators - industry guidance for tug and barge operations on inland waterways.

Next Steps

Document the facts. Write down what happened, when and where it occurred, who was involved, and any equipment or vessel information. Save photos, videos, logs, and communications. Seek medical care and follow physician advice.

Notify the right parties. Report the incident to your employer, vessel owner, or applicable agency as required. For serious boating accidents, ensure appropriate reports are made to the Louisiana Department of Wildlife and Fisheries or the United States Coast Guard when applicable.

Protect deadlines. Do not assume you have plenty of time. Some claims require notice within days and lawsuits may have one, two, or three year limits depending on the statute and contract terms. A lawyer can identify the correct deadlines for your situation.

Avoid harmful statements. Before giving recorded statements, signing releases, or accepting a settlement, get legal advice. Insurance and indemnity provisions, arbitration clauses, and forum selection terms can significantly affect your rights.

Consult a qualified maritime attorney. Look for counsel with experience in Jones Act, Longshore and Harbor Workers Compensation Act, Outer Continental Shelf Lands Act, and Gulf region contract disputes. Ask about their practice in the Western District of Louisiana and familiarity with Lafayette area operations.

This guide provides general information and is not legal advice. If you believe you have a maritime issue, speak with a licensed attorney about the specifics of your case.