Subrogation Practice Areas

Sea-Worthy Legal Counsel for Maritime Subrogation Claims

For maritime clients, having a sophisticated and experienced subrogation legal team at your side is paramount. Subrogated maritime claims can involve contract disputes, collisions, delays, groundings, sinking, loss of cargo, as well as injury to employees and others. Maritime law also governs personal harm that may befall the thousands of passengers who travel on cruise ships or other water-faring vessels each year, which can also result in complex subrogation cases.

Essentially, maritime and admiralty subrogation is a microcosm of terrestrial subrogation – you may have property and casualty claims, fire claims, health claims, workers comp claims, etc. However, subrogation at sea is different than on land because of the unique jurisdictional factors. Understanding the nuances of this niche yet diverse area of subrogation and insurance law is key to maximizing recoveries with efficient, decisive legal counsel for maritime subrogation claims.

Jurisdictional Challenges in Maritime Subrogation Require an Educated Approach

Admiralty and maritime law are uniquely complex practices within the transportation sector. Special laws and regulations govern losses that occur on navigable waterways, including rivers, lakes, seas, and oceans. In addition, maritime law may govern commercial activities that, while land-based, are maritime in nature.

Maritime activity is heavily regulated by numerous federal and international agencies. Although the U.S. Constitution grants federal courts original jurisdiction over admiralty and maritime matters, most subrogated maritime actions can alternatively be brought in state court while still applying Federal Admiralty law under a federal provision called the Savings to Suitors Clause.

The Savings to Suitors Clause allows most tort actions in maritime subrogation cases – such as damage to property or personal injury claims – to be heard in state court. This provides both the client and the government with a more streamlined way to handle these complicated subrogated matters. It also prevents subrogation claims that really don’t need to be heard in a federal or maritime context from unnecessarily clogging up the system.

Rathbone Group subrogation attorneys are adept at determining when and how to choose the best jurisdiction in which to file a subrogated maritime legal claim. The importance of this strategic legal decision cannot be understated, nor can the importance of your legal team understanding how to navigate these often rough waters.

Rathbone Group’s Maritime Subrogation Team is Here to Help

Jurisdictional obstacles notwithstanding, maritime clients need an insurance law firm that has the knowledge and resources to track down all responsible parties. It can be difficult to identify all possible liable parties due to the nature of maritime cases. Rathbone Group’s thorough investigations into subrogation claims ensures clients have every avenue open to maximize recovery.

Our subrogation attorneys and claims specialists are also proficient at the many federal acts and statutes that may come into play in a maritime subrogation case. Whether the subrogated claim involves: 

• Exoneration from or Limitation of Liability
• The Longshore and Harbor Workers’ Compensation Act (LHWCA)
• The Federal Employer’s Liability Act (FELA)
• The Jones Act
• NFPA 921
• Any tort or contract claims concerning a vessel or marina

Rathbone Group can help with the application of state and federal maritime statutes. In addition, our experience with experts and cause and origin investigations offers guidance in recovering losses for cargo damage, products liability, and collisions. A national subrogation law firm working across borders on land and on water, our clients can expect cost-effective, collaborative, and decisive subrogation lawyers driven to maximize their recoveries by exhausting all resources and strategies available.

Contact Rathbone Group