Tennessee is not a coastal state; still, maritime (i.e., admiralty) law may apply in personal injury cases filed in state court under the concept of concurrent jurisdiction. And damages are explicitly available in state court to employees suing employers for harms suffered while working on ships operating in U.S. maritime zones.
To learn about your options for recovery under admiralty law, reach out to the Law Office of David E. Gordon for a consultation with Elissa M. Coombs. She is not only experienced in advising clients on general personal injury claims, but also on specialized maritime causes of action.
How Does Maritime Law Apply in Tennessee?
Maritime law is largely a creature of the federal Constitution. Congress is granted control over the regulation of commerce, interstate and foreign. The federal judiciary is bestowed with the responsibility of deciding admiralty cases. The supremacy of these powers would appear to exclude state intervention.
Federal jurisdiction cannot be renounced by contract nor infringed upon by individual states; however, the U.S. Code preserves state jurisdiction as concurrent. This allows a Tennessee court to hear maritime suits despite the imposition of federal admiralty law in that forum. This coexistent jurisdiction is meant to give injured persons access to state remedies that may not be available under federal provisions.
In the context of employer-employee suits, where an individual is injured in the course of their work on the employer’s vessel, the injured employee is federally endowed with the choice of either a state or federal forum. For example, if the employee’s injury occurred on the Mississippi River near Memphis, their claim can be filed in Tennessee state court. Notwithstanding, federal maritime law will govern.
Finally, if a personal injury case encompasses some aquatic features, but is purely local in nature, Tennessee courts have original jurisdiction over the claim.
Deciphering whether a claim counts as maritime and selecting the court where you will file a personal injury claim requires experienced counsel. Elissa M. Coombs, an attorney who handles cases involving admiralty claims at the Law Office of David E. Gordon, can guide you through the legal process.
What Damages Does Tennessee Provide in Maritime Cases?
General admiralty law affords injured parties monetary compensation (e.g., past and future medical costs and lost wages), as well as non-economic damages, like pain and suffering. Liable parties may also be required to pay prejudgment interest. This is calculated based on the sum of all damages, with the interest added to that sum having accrued since the cause of action was filed until the final judgment. Earnings lost by an injured deckhand, specifically for lodging and meals they would have received but for their injury, are recoverable as maintenance under general admiralty case law.
Tennessee damages law for personal injuries and wrongful death includes some of the same remedies, though it limits reimbursement to non-maritime workers for non-economic losses. The Tennessee Code permits up to $1,000,000 awards for non-monetary losses related to injuries that are statutorily defined as catastrophic; this modulates the typical $750,000 cap for non-monetary injuries. The cap on non-economic damages under Tennessee law is removed in cases where malicious intent is evidenced (e.g., where tortious conduct amounts to a felony; where defendant falsified records).
It is also important for those filing in a Tennessee court to be aware of the State’s comparative negligence laws. A party successful in proving a defendant’s liability can still be barred from recovering damages if more than 50 percent of fault for the claimed injuries is attributable to the injured party. Where an injured party contributes to their own harm, but the contribution is less than 50 percent, damages awarded will be decreased in proportion to the injured party’s fault. The same rules apply to wrongful death actions.
Consult a Maritime Law Professional to Pursue Compensation
Although concurrent jurisdiction was established to offer injured individuals in maritime actions damages additional to those available in federal courts, Tennessee law’s non-economic damages caps are harsher than those in general admiralty law.
A maritime law attorney, such as Elissa M. Coombs of the Law Office of David E. Gordon, can advise you on the best forum to file your admiralty claim to maximize your recovery. Call now for a free consultation.
