Admiralty Law

South Carolina Admiralty Law Attorney

Seaman Claims | Passenger Claims | Salvage and Marine Insurance Claims

Life on the high seas is different from life on land. So, too, is the body of law governing life on the high seas.

Maritime law is the collection of statutes, regulations and judicial decisions that governs the resolution of disputes at sea or in the navigable waters of the U.S. "Admiralty" refers to jurisdiction; the U.S. Constitution gives jurisdiction over maritime matters to the federal courts.

If your legal needs involve admiralty and maritime law, please contact our law firm, John Hughes Cooper, P.C. in Charleston, South Carolina. We can explain your options and what we can do to assist you.

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Because admiralty law is different from landside law, one of the first steps that must be taken in any case is to determine which body of law will apply. The admiralty preemption doctrine provides that most maritime matters are of such national (rather than local) character and concern that federal law pertaining to such matters takes precedence over state law.

Choice of Forum

Generally, the courts of the states have concurrent jurisdiction with the federal courts over claims within the scope of federal admiralty jurisdiction. Whenever claims are within the scope of federal admiralty jurisdiction, the plaintiff may choose — with certain exceptions — to bring his or her action in state court, with the right to a jury trial, or federal court, with no right to a jury trial.

If there is a basis for federal jurisdiction independent of admiralty jurisdiction, a plaintiff may choose to bring his or her action in federal court, on the civil side, with the right to a jury trial. The Jones Act — enacted to protect seamen employed on ships and sea-going vessels — provides for the right to a jury trial in state or federal courts.

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Our lawyers have experience with a wide range of maritime law cases, including personal injury, boat collisions, contract disputes, longshoreman and harbor worker claims, and repair claims.

For more information about our legal practice or to find out how we can help you, please contact John Hughes Cooper, P.C. on Sullivan's Island today.