Ship Lawyer Ship Accident Lawyer Duties 5

Question 1

A ship accident lawyer determining whether a client qualifies as a 'seaman' must show the worker has:

Accepted Answer

A connection to a vessel in navigation that is substantial in duration and nature

Answer

Seaman status under the Chandris test requires a substantial connection to a vessel in navigation.

Question 2

What is the lawyer's duty regarding a client's ongoing medical treatment during litigation?

Accepted Answer

Advise the client to follow prescribed care and document all treatment

Answer

Following treatment and thorough documentation support both recovery and the damages claim.

Question 3

When the opposing party requests surveillance video of the client, the lawyer's ethical duty is to:

Accepted Answer

Respond properly to discovery and not suppress relevant evidence

Answer

Lawyers must respond honestly to discovery and may not destroy or conceal relevant evidence.

Question 4

A ship accident lawyer evaluating a punitive damages claim in a maintenance and cure case must show the owner's denial was:

Accepted Answer

Willful, arbitrary, or in bad faith

Answer

Punitive damages for maintenance and cure require willful or bad-faith denial of owed benefits.

Question 5

Why would a maritime lawyer consider whether to file in federal court under admiralty jurisdiction versus state court?

Accepted Answer

Forum choice affects available remedies, jury rights, and procedural rules

Answer

The 'saving to suitors' clause lets plaintiffs choose forums, which impacts juries, remedies, and procedure.

Ship Lawyer Practice Test