Attorney Paul Hofmann of Hofmann & Schweitzer
Injured sailors must take quick action to preserve their potential rights to file a claim.
NEW YORK (PRWEB) April 10, 2018
Paul Hofmann, a maritime attorney based in New York, NY, will seek damages on behalf of five sailors injured in last year’s collision between the ALNIC MC and the USS JOHN S MCCAIN (1). These sailors and over 200 others aboard the JOHN S MCCAIN are being legally compelled to make any injury claims they may have relating to the collision by June 15, 2018. After this date, families of the deceased and injured seamen may not be able to recover any compensation for the incident (4).
On August 21, 2017, the oil tanker ALNIC MC collided with the U.S. Navy destroyer USS JOHN S MCCAIN in the Singapore Straits. Ten U.S. Navy sailors were killed when compartments below the destroyer’s water line flooded; many other sailors were injured in the incident, including the five represented by Hofmann & Schweitzer (3).
The owners of the ALNIC MC, Energetic Tank, Inc., filed a preemptive lawsuit under the Limitation of Liability Act, a maritime provision that allows vessel owners to limit the amount of possible compensation to victims and families after a disaster at sea (4). It also places a strict filing deadline by which victims must come forward to collect compensation, after which all right to payment might be forfeited. The filing deadline, previously established as April 16, has been extended to June 15, 2018 (9).
If the ALNIC MC’s owner’s lawsuit is successful, the action could determine that Energetic Tank does not have to pay any damages to claimants, or at least would limit Energetic Tank’s liability to the value of the ship, approximately $16.8M, which is a fraction of what the combination of all claims could be worth (5). Hofmann & Schweitzer’s clients’ claims in the case seek to have the court reject these potential outcomes.
Court documents filed by Hofmann & Schweitzer maintain that the owners of the ALNIC MC failed to train its crew, failed to maintain a proper course, failed to check radar to prevent a collision, and failed to follow basic navigation rules and procedures (6)(7)(8)(10)(11).
As of April 9, 2018, Hofmann & Schweitzer has filed responses on behalf of each of its clients, stating that the injuries sustained in the collision caused significant medical expenses, past and future loss of earnings, emotional distress, and pain and suffering. The responses also request an order to deny Energetic Tank, Inc. the right to limit its liability, allowing the sailors to have their cases heard before a jury (6)(7)(8)(10)(11).
Over 200 sailors on the vessel, including the families of the ten sailors who were killed, were sent documentation informing them of the action and filing deadline. The U.S. Navy has a right to its own claim against the ALNIC MC and its owners, but the U.S. Justice Department will not represent individual sailors. The Navy is encouraging individual sailors affected by the incident to contact maritime injury attorneys in order to assert their claims (2).
Injured sailors must take quick action to preserve their potential rights to file a claim. To learn how attorney Paul Hofmann can help injured JOHN S MCCAIN crew members assert claims against the ALNIC MC and its owners before the June 15, 2018 filing deadline, visit Hofmann & Schweitzer.
Attribution:
1. Washington Post. August 20, 2017.
2. Notice sent to the crew of the JOHN S MCCAIN from the US Navy concerning the lawsuit filed by the owner of ALNIC MC. March 6, 2018.
3. US Navy. October 23, 2017. Report on the Collision between USS JOHN S MCCAIN and the ALNIC MC.
4. Notice of Complaint for Exoneration from or Limitation of Liability. February 15, 2018. ENERGETIC TANK, INC., Owner of the M/V ALNIC MC.
5. Order for an Interim Stipulation for Value. February 15, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
6. Claimant 1’s Answer and Claim. April 2, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
7. Claimant 2’s Answer and Claim. April 3, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
8. Claimant 3’s Answer and Claim. April 4, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
9. Order extending Notice of Claim to June 15, 2018. March 27, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
10. Claimant 4’s Answer and Claim. April 9, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
11. Claimant 5’s Answer and Claim. April 9, 2018. New York 18-CV-1359, United States District for the Southern District of New York.
Case Numbers:
New York 18-CV-1359, United States District for the Southern District of New York
About Hofmann & Schweitzer
Hofmann & Schweitzer represents victims of maritime and construction injuries, and has won multimillion-dollar awards for its clients. Based in New York, NY, the experienced legal team fights for sailors and families seeking justice for injuries and wrongful death, including the case of the ALNIC MC and USS JOHN S MCCAIN. To learn more about the team at Hofmann & Schweitzer, visit our website or call us at 800-362-9329.