When crew members lose their lives at sea due to maritime accidents or employer negligence, U.S. maritime law may be able to offer compensation for their loved ones. The specific details surrounding the situation will determine which legal frameworks are available for filing claims.
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 that offers compensation to the family of seamen who are killed in international waters due to negligence on the vessel. 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 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, they 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 family member 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 a 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.
Compensation You May Be Entitled To
A seaman’s family may be eligible for several types of compensation depending on the circumstances of the maritime death and the law applied.
Compensation may include:
- Funeral and burial costs
- Medical expenses leading up to the death
- Lost income and benefits
- Emotional losses, if allowed
- Loss of household support or services
The Jones Act may also allow for damages tied to pain and suffering, loss of consortium, and in some cases, punitive damages if the vessel was deemed unseaworthy.
Time Limits for Filing a Wrongful Death Claim
There are strict deadlines for filing a wrongful death lawsuit after maritime deaths. The time limit depends on where and how the death occurred.
If the seaman’s death happened more than three miles offshore, the Death on the High Seas Act gives the family three years to file a claim. The same three-year limit applies under the Jones Act if the death happened in U.S. waters or at port.
If the case falls under state law or general maritime law, the deadline may be shorter. Some states allow only one year to file.
If you are unsure how to file a wrongful death lawsuit or how long you have, contact a maritime wrongful death lawyer right away.
Frequently Asked Questions
Who qualifies as a “seaman” under maritime law?
Anyone who spends a significant portion of their time working on a vessel in navigation can be defined as a “seaman.” This includes deckhands, engineers, and other crew members.
What is a wrongful death lawsuit?
It is a legal case filed when someone dies because of another party’s negligence or misconduct. In maritime cases, it allows the family to seek financial compensation.
How long does a wrongful death lawsuit take?
Some cases are resolved in a few months, while others can take several years, depending on how complex the case is and whether it goes to court.
Do I need a maritime wrongful death lawyer?
Yes. Maritime law is highly specific and different from regular personal injury law. An experienced maritime wrongful death attorney can guide you.
