No matter what advancements have been made in the maritime industry over the past few decades, many workers still tragically die on the job. Working on the water has always had inherent risks and challenges, but in many cases of death or injury the causes could have been easily prevented by the employer, shipowner, or company involved.
Wrongful Death FAQs
What Is A Wrongful Death Claim?
When someone dies due to the fault or negligence of another entity, their survivors may be able to file a wrongful death claim. These claims seek compensation and damages for the losses incurred, such as loss of support and pain & suffering of the decedent.
In the case of maritime law wrongful death claims, the Jones Act offers options for claiming damages for wrongful deaths different than state or federal statutes. This is generally the best option for any survivor of a maritime worker who died on the job that wants to seek financial compensation for the loss of a loved one.
Who Can File A Wrongful Death Claim After A Maritime Accident?
Under the Jones Act, dependent beneficiaries of any deceased maritime worker can recover in wrongful death lawsuits against employers or shipowners. These beneficiaries can include:
- Wives or husbands
- Children
- Siblings
- And parents
What Wrongful Death Damages Can I Recover?
The beneficiaries of a deceased maritime worker can recover many different types of compensation for their loss, including:
- Lost pre-death wages
- Pre-death medical expenses
- Pre-death pain and suffering
- Lost financial support to dependents
By contacting a Jones Act attorney you can determine your eligibility for a wrongful death claim and begin working towards recovering these damages.
Is A Wrongful Death Claim Different From A Survival Claim?
Wrongful death claims under maritime law are the same from state to state, as the Jones Act helps to govern how beneficiaries can receive compensation for the untimely death of a loved one. This helps to set them apart from survival claims, which can vary from state-to-state, and are more focused on recovering the money that the deceased might have been able to recover through a personal injury claim had they survived.
Despite the similarities, a big difference also lies in the filing – survival actions tend to be filed by the deceased person’s estate, whereas wrongful death claims can be filed by surviving family members, even in the case of Jones Act claims.
How Can I File A Wrongful Death Claim?
Here at O’Bryan Law, we know that no amount of money can numb the pain of losing a loved one, particularly to a death that could have been easily prevented. However, we also understand the financial hardships these losses can bring, and we will help you fight for both justice and to restore some sense of normalcy to your life after this tragedy. If your loved one has been killed while working on the water, contact us today and let us help you get back to normal.
