When Can You File a Maritime Wrongful Death Lawsuit?
December 9, 2024 in Maritime
Maritime occupations are among the most dangerous in the world. The risks of working on ships, offshore platforms, and other maritime settings can lead to tragic accidents, sometimes resulting in fatalities. When a loved one dies due to negligence or unsafe conditions in a maritime environment, their family may have the right to seek justice through a maritime wrongful death lawsuit.
Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo help explain how a knowledgeable maritime injury law firm can help families pursue a successful case.
What is Maritime Wrongful Death?
A maritime wrongful death occurs when a person dies due to negligence, unseaworthiness of a vessel, or unsafe working conditions while in a maritime setting. These lawsuits are governed by specific laws that provide a framework for holding responsible parties accountable, such as the Jones Act, the Death on the High Seas Act (DOHSA), and general maritime law.
The applicable law depends on factors such as where the accident occurred and the worker’s role. For example, DOHSA typically applies to deaths occurring more than three nautical miles from shore, while the Jones Act covers deaths of seamen caused by an employer’s negligence.
Common Causes of Maritime Wrongful Death
Wrongful death in the maritime industry can result from a wide range of incidents, many of which are preventable. Some common causes include:
- Ship or equipment malfunctions: Poorly maintained vessels, defective equipment, or mechanical failures can lead to fatal accidents.
- Unseaworthy conditions: A vessel that is not fit for its intended purpose or poses safety risks to its crew can contribute to accidents.
- Negligence: This could involve inadequate training, insufficient safety protocols, or failure to provide proper supervision.
- Offshore drilling accidents: Explosions, fires, or collapses on oil rigs often result in catastrophic injuries and fatalities.
- Falls overboard: Insufficient safety measures or negligence in monitoring workers on deck can lead to deadly falls.
Who Can File a Maritime Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit under maritime law typically lies with the deceased’s immediate family members. This includes spouses, children, and, in some cases, parents or other dependents. The specific eligibility requirements vary depending on the following applicable laws.
- Jones Act: This law allows someone to file a claim following an employer’s negligence and seek compensation for lost wages, medical expenses, and loss of companionship.
- Death on the High Seas Act (DOHSA): DOHSA applies to deaths occurring more than three nautical miles from shore and allows claims by the deceased’s spouse, children, or dependents. Compensation under DOHSA is generally limited to financial losses.
- General Maritime Law: In certain cases, general maritime lawlaw provides additional remedies, including claims for pain and suffering before death.
A knowledgeable attorney from a maritime injury law firm can help you determine which laws apply to your situation and ensure your claim is filed correctly.
What Compensation Is Available in a Maritime Wrongful Death Claim?
The compensation available in maritime wrongful death lawsuits depends on the governing law and the specifics of the case but some of the most common types of damages include economic damages, such as medical expenses, funeral costs, lost wages, and the loss of future financial support.
Non-economic damages may also be awarded. This includes compensation for the loss of companionship, care, and guidance. In some cases, where the deceased experienced conscious pain and suffering before death, additional damages may be recoverable for pain and suffering. An experienced maritime injury attorney will work with you to calculate a fair settlement or pursue a judgment that reflects the full extent of your losses.
Contact an Experienced NYC Maritime Wrongful Death Lawyer at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.