MAKING CLAIMS

39

There is also a class of accidents which results in a known period of
disability in which the ship is definitely liable. In these cases the
settlement is usually much higher than in a similar case not involving
liability. This is, of course, a matter of policy on the part of the
shipowner to protect himself against a possible action for damages
on the basis of unseaworthiness of the ship. Many cases are entered
on the court calendars regardless of the facts as to whether liability
exists or not. Usually they are carried up to the point of being ready
for trial and then the attorney for the plaintiff, rather than take the
case to court, offers a compromise which often results in a settlement
by the shipowner on his own terms.
In such cases the result is that the final settlement, which may be
for approximately the amount first offered by the shipowner, is delayed
 sometimes for the greater part of a year and sometimes for
several years, and from the amount obtained the legal fees of the
plaintiff’s attorney have to be deducted. All in all, the seaman who
was injured usually gets no more out of the claim than the attorney
who was not injured.
In claims where there is a bona fide liability on the part of the
ship, the settlement is made, if possible, by the shipowner directly
with the seaman at the earliest possible opportunity, and usually for
a liberal amount to prevent the claim from going into the hands of
negligent lawyers for the injured. It is not uncommon in this type
of case for the settlement to be made long before the extent of the
seaman’s disability can be determined, and before any sort of claim
has been presented. For this reason there is an occasional case
where the amount of the settlement does not equitably recompense
the seaman for the disability sustained. Some cases of this type
were found in the course of the study in which the seaman presented
further claim even though the usual releases had been signed at the
time the original settlement was made, and the claim was reopened.
The seaman sometimes refuses the wages due at the time he is
put ashore for treatment, probably on the “theory” that the acceptance
 of wages might jeopardize his chances of getting a settlement
for the injury. At any rate, in several cases where wages were
refused, the wages due were never collected and the voucher for the
wages as it was originally drawn is still held as “unclaimed wages.”
In one case this was for the amount of $156.61. (Case 371. ‘‘Personal
 agreements.”’)
Settlements of claims were found to be delayed in many instances
because the seaman signed articles for a voyage before the settlement
 was consummated. The lapse of time from the injury to the
settlement in these cases was often more than a year.
As soon as an agreement is reached between the claim adjuster
and an injured man the proper releases are executed and the seaman
is paid either in cash or by voucher. The case is considered settled
by the shipowner or underwriter as soon as the releases are executed.
Two forms used in closing cases, by settlement for injury, are shown
below.
To all to whom these presents shall come or may concern, greetings:
Know ye, that I, ——— ———— for and in consideration of the sum of ——
dollars, lawful money of the United States of America, to me in hand paid by
——— ——— by the hand of its agents, ——— ———— the receipt whereof is
hereby acknowledged, have remised, released, and forever discharged, and do
by these presents for myself, mv heirs. executors. and administrators. remise.