Family members of seamen killed in the course of work may have legal protection under U.S. maritime legislation. The circumstances will decide which laws you are able to file claims under.
In the event that your loved one was killed at sea on the job, an experienced maritime lawyer can help advise you of your rights and help you in determining whether or not to file suit.
The Death On The High Seas Act Defined
The Death on the High Seas Act, sometimes called DOHSA, is a maritime law providing for the compensation of family members of seamen killed in international waters because of carelessness on the part of a crew member or the vessel he was on. In the event that the death happened more than 3 miles from the shoreline of the U.S. or its territories, family members may be entitled to file claims under this legislation.
Compensation can only be given to the worker’s spouse, offspring or dependent relatives and is restricted to financial and pecuniary damages. Families could also be entitled to emotional damages under some circumstances.
Spouses may also have the ability to claim loss of household services, which means the loss of help provided by the seaman in raising offspring and home functions. DOHSA does not take into account for loss of support, consortium and companionship damages and preempts state or other maritime laws that do.
Jones Act Claims
As the name would suggest, the DOHSA is particularly for death incidences of a seaman. In the event your family member was hurt while working as a seaman, he should follow a case under the Jones Act, which safeguards specific varieties of maritime employees who have been hurt in the line of their job by reason of carelessness. There are instances, nonetheless, where surviving family members might be able to submit a Jones Act wrongful death suit.
In the event that your member of the family was killed in U.S. waters inside a marine league of the coastline or while in port, the surviving family could be eligible to file a claim under this legislation rather than the DOHSA. In this case, the family members may be permitted to claim more compensation. If carelessness or claims of unseaworthiness against the vessel owner can be determined, compensation for loss of consortium and punitive damages may be viable.
Other Applicable Wrongful Death Laws
The Jones Act establishes remedy for the families of seamen who lost their lives due to the employer’s disregard. If the death was the outcome of negligence in part or in whole by a party other than the employer, the seaman’s family might have the ability to file suit under state wrongful death statutes or general maritime law.
Whenever the death occurs inside federal waters, the wrongful death regulations of the adjoining state might be appropriate. However, with the many factors that go into determining not simply whether a claim is possible but also what law it should be submitted under, talking with a maritime lawyer is the best alternative for the families of seamen who lost their lives in the course of duty.
If your loved one was killed in the course of his work as a seaman, call the expert maritime lawyers at Maintenance and Cure today to learn if you have a case.
Family members of seamen killed in the course of work may have legal protection under U.S. maritime legislation. The circumstances will decide which laws you are able to file claims under.
In the event that your loved one was killed at sea on the job, an experienced maritime lawyer can help advise you of your rights and help you in determining whether or not to file suit.
