Pre-Settlement Funding
Maritime & Offshore Injury Settlement Funding — Jones Act, LHWCA, and Platform Injury Cash Advances
If you were injured offshore or at sea and have an active Jones Act, LHWCA, or other maritime lawsuit, Caseflow Capital can provide a non-recourse cash advance against the case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.
Maritime injury cases run on federal maritime law rather than ordinary state tort rules, and they often take longer to resolve than typical injury claims given federal court procedures and disputes over seaman status. Maintenance and cure payments help in the short term, but they don't replace the larger recovery — or the gap funding can help bridge while the case is pending.
Why It Matters
What Makes Maritime and Offshore Cases Different
- Whether you qualify as a "seaman" under the Jones Act's substantial-connection test determines which legal remedies are available to you, and seaman status itself is often heavily litigated.
- Maritime claims generally proceed under federal maritime law and often in federal court, rather than the ordinary state tort rules that govern most car accident or slip-and-fall cases.
- Cases frequently involve multiple potentially liable parties — vessel owner, operator, employer, and equipment manufacturers — each represented separately, which can extend the litigation timeline.
- Maintenance and cure obligations exist independent of fault and apply regardless of who caused the injury, but they only cover basic living expenses and medical treatment — not pain and suffering or lost earning capacity.
- Punitive damages are not available on an unseaworthiness claim under the Supreme Court's 2019 ruling in The Dutra Group v. Batterton, which narrows the damages picture compared to some other injury case types.
Details
Maritime and Offshore Case Types Caseflow Capital Reviews
- Jones Act seaman negligence claims against an employer.
- Unseaworthiness claims against a vessel owner.
- Longshore and Harbor Workers' Compensation Act (LHWCA) third-party claims.
- Offshore platform and oil rig injury cases.
- Maritime wrongful death and survival actions.
- Cruise ship crew and passenger injury claims.
- Commercial fishing vessel injuries.
- Tugboat and towing vessel accidents.
Funding review starts with confirming the case type and, where relevant, whether seaman status is contested — since that affects both the legal theory available and the expected timeline.
Funding Amounts
What Affects How Much Funding You May Qualify For
- How clearly established your seaman status is, since disputed status can affect both case strategy and timeline.
- The severity of your injury and its effect on your future earning capacity, particularly in physically demanding offshore work.
- The number and financial strength of the potentially liable defendants in your case.
- Whether punitive damages are realistically in play, which is generally not the case for unseaworthiness claims alone.
- Any liens, including maintenance and cure offsets, and any prior funding already advanced on the case.
Caseflow Capital works with your attorney to evaluate these factors and determine a funding amount appropriate to your case's expected value.
Timing
How Fast You Can Expect a Decision
Most funding applications are reviewed within 24 to 48 hours of receiving your information and attorney confirmation. The underlying maritime case itself, however, often takes longer to resolve than a typical injury claim — federal court procedures, multiple defendants, and seaman-status disputes all add time — which is exactly when a cash advance can help bridge the gap.
How It Works
How to Apply for a Maritime or Offshore Injury Cash Advance
Step 1: Apply Online
Provide your contact information, the accident date and location, the case type (Jones Act, LHWCA, unseaworthiness, or another maritime claim), the amount you are requesting, and your attorney's name and firm.
Step 2: Caseflow Reviews Your Case with Your Attorney
Caseflow contacts your attorney to gather the case details needed for underwriting — seaman status, liability theory, potentially liable defendants, and expected recovery. Your attorney must acknowledge the funding agreement before funds are issued.
Step 3: Review the Offer and Decide
If an offer is available, you receive the proposed amount, repayment terms, and the full agreement to review. No obligation to accept. If you agree and paperwork is completed, funds are typically sent within one to two business days.
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Q&A
Frequently Asked Questions
Who can file a Jones Act claim?
Only workers who qualify as "seamen" can bring a Jones Act negligence claim against their employer. Under Chandris, Inc. v. Latsis, a worker generally must contribute to a vessel's function and spend a substantial part of their work — courts often use a 30% guideline — in service of a vessel in navigation.
What is the difference between a Jones Act claim and a workers' comp claim?
Workers' compensation is a no-fault system with capped benefits and no right to sue the employer. A Jones Act claim requires showing employer negligence — under a low "featherweight" causation standard — but allows full tort recovery, including pain and suffering, with no benefit cap.
What is maintenance and cure?
Maintenance and cure is the employer's obligation to pay an injured seaman's basic living expenses and medical treatment until they reach maximum medical improvement, regardless of fault and separate from any lawsuit or settlement.
What is an unseaworthiness claim, and can I recover punitive damages?
Unseaworthiness is the vessel owner's duty to provide a vessel, equipment, and crew reasonably fit for their intended purpose, and it does not require proof of fault. Under the Supreme Court's 2019 decision in The Dutra Group v. Batterton, punitive damages are not available on an unseaworthiness claim.
What if I don't qualify as a seaman — am I still covered?
Workers who don't meet seaman status, such as many dock and harbor workers, may instead be covered under the Longshore and Harbor Workers' Compensation Act (LHWCA), which provides its own benefits and a separate path to pursue a third-party negligence claim.
Can I get funding while my Jones Act or maritime case is pending?
Yes. Jones Act claims, LHWCA third-party claims, offshore platform injuries, and other maritime case types are reviewed by Caseflow Capital for non-recourse pre-settlement funding.
How long do Jones Act and maritime cases typically take?
Maritime cases often take longer than typical car accident claims due to federal court procedures, multiple potentially liable defendants, and litigation over seaman status. Most funding applications are still reviewed within 24 to 48 hours.
Pre-Settlement Funding
Ready to Apply?
If you were injured offshore and your Jones Act, LHWCA, or other maritime claim is still pending, apply with Caseflow Capital today — most reviews are completed within 24 hours.