Veryfrequently I return to the same question: the amount of the compensation due to the injury aboard the vessel. And I always hesitate to tell the exact sum for the following reasons.
When communicating with the seafarers I always suggest the possible ways of solving the problem and variants of compensation sums, but it’s always for seafarers to decide.
All the marine lawyers in the majority of cases primary take into account the contract of employment and the sums stipulated in it, and I’m not the exception. But there is always opportunity to get the increased sum of compensation, that is: if there is a choice of getting the increased sum of compensation, it’s very hard to predict the total amount of money as a result.
There are only two methods of getting compensation, the others haven’t been invented yet.
Method 1. During either negotiating or pretrial process.
To gain the compensation exceeding the contract frames by this method, one should have at least very compitent lawyers as opponents, who can assess the situation adequately, and the injury should occur due to the ship owner’s fault. I’d like to stipulate beforehand, I had some single cases in my practice, when the ship owner admitted his guilt of the accident, and as a rule, the compensation was being paid without pleading guilty. Why have I intentionally specified as for the competent lawyers-opponents. As the competent lawyer is able to assess the situation in general and can assess the trial risks and further probable expenses from the side of the ship owner in the case of the vessel arrest or a trial in the territory of EU, Canada, Great Britain and others.
Method 2. During the judicial proceeding.
Usually this stage comes when the ship owner is not willing to pay the compensation exceeding the insurance coverage and is unwilling to confess his guilt.
This very stage I’d also have divided into two levels. Probable and fast or lengthy and wearing.
Probable and fast – is the vessel arrest. In this case both the ship owner and the insurance company have extremely limited time to take any decision. And there’s always a choice:
- Either to provide the banker’s guarantee to the whole amount of requested sum (as a rule it’s from 300 000 to 1 000 000 $).
- Or to agree with the seafarer as for the compensation to avoid further vessel demurrage and casualties.
Lengthy and wearing process – there is only one stage. It’s the trial. Why is it lengthy and nude? Because any judicial preceding means time, assessment of evidence in the court, expertise and the court decision itself. The processes can last from 6 months to several years.
In my practice this stage should come across to only when all the previous ones have already been wasted, and not earlier.
Besides, it’s not for the marine lawyer to assess the amount of casualties, but for the seafarer himself, ‘cause his very health was deteriorated. The marine lawyer can just guide the seafarer and suggest the variants but not the otherwise.
I have written a lot of my managing to increase the compensation and as a rule it was paid after the vessel arrest. In some particular cases through the negotiating process. Although, several times the situation still was brought to the trial decisions taking.
Presently I deal with the case I’m going to write about a little bit later. The seafarer due to the ship owner’s guilt was injured badly, he has lost an eye and an arm. Right now the negotiating process is in progress, and even presently the company is willing to increase the sum of compensation, but the measure of increase doesn’t satisfy my client. We are intending to increase it more but the company is attempting to decline its responsibilities and to be confined only to small losses although increased ones.