A maritime wrongful death claim arises when a loved one’s life is lost due to negligence or misconduct at sea. These cases often fall under specific legal frameworks such as the Jones Act, the Death on the High Seas Act (DOHSA), or general maritime law, depending on where and how the incident occurred.
- The Jones Act: The Act allows seafarers to seek compensation for their injuries or death if the injury was caused by their employer's negligence. If a seafarer dies while employed on a vessel, their family can pursue a wrongful death claim under the Jones Act.
- DOHSA: DOHSA applies when a person dies in an accident that occurs outside of U.S. territorial waters, and allows family members to file a wrongful death claim for their loved one’s death.
- General Maritime Law: In cases that fall outside of the Jones Act or DOHSA, family members can file claims for wrongful death under general maritime law, which may provide compensation for physical injuries, lost wages, medical expenses, and pain and suffering.
Navigating the complexities of maritime law requires the guidance of an experienced attorney who thoroughly understands these legal nuances. At Mase Seitz Briggs, our attorneys have extensive experience in handling maritime wrongful death claims, and are well-versed in these laws and their applications. Whether your claim requires filing in federal court or investigating an incident that took place abroad, we possess the requisite skills and knowledge to get you the compensation you deserve.
Common Causes of Maritime Wrongful Death
Maritime accidents often stem from negligence, unsafe conditions, or misconduct. The most common causes include:
- Boating Accidents: Collisions between vessels and fixed objects, operator inexperience, and reckless operation can lead to fatal injuries.
- Negligent Maintenance: Poorly maintained vessels, inadequate safety measures, substandard equipment, and malfunctioning machinery often contribute to fatalities.
- Workplace Accidents: Crew members working on shipping vessels, oil rigs, or fishing boats are frequently exposed to rigorous conditions. Slippery decks, uneven surfaces, or failure to maintain safe walking areas on ships can lead to severe if not fatal injuries.
- Drowning: Lack of life-saving equipment or delayed rescue efforts can turn survivable incidents into tragedies.
Each of these causes may involve complex legal issues under maritime law, and the responsible parties, including vessel owners, operators, and employers, may be held liable for their negligence or misconduct. If your family is coping with the loss due to any of these causes, you need experienced legal counsel to protect your rights and pursue justice.
Frequently Asked Questions (FAQs)
Who can file a maritime wrongful death claim?
Typically, immediate family members, such as a spouse, children, or dependent parents, are eligible to file a wrongful death claim. In Florida, the personal representative of the deceased’s estate can also file a wrongful death claim on behalf of the survivors.
What kinds of damages can I recover?
Damages vary depending on the applicable law but may include physical injuries, medical costs, funeral expenses, loss of income, loss of companionship, and pain and suffering.
How long do I have to file a claim?
Statutes of limitation vary depending on the specific maritime law that applies. Acting quickly is essential to protect your legal rights. Contact our attorneys as soon as possible to ensure your claim is filed within the required time frame.
Why do I need a maritime lawyer for a wrongful death case?
Maritime law is highly specialized, with unique rules, regulations, and jurisdictions. An experienced maritime lawyer ensures your claim is structured correctly and strengthens your chances of achieving justice and compensation.
Contact Us for Help Today
If you have lost a loved one due to a maritime wrongful death, you do not have face the complexities of this legal process alone. At Mase Seitz Briggs, we combine compassion for your loss with aggressive representation to hold negligent parties accountable.
Call us at 305-602-4927 or use our online contact form to schedule a free case evaluation.
