Three Ways to File a Maritime Wrongful Death Lawsuit

As New Orleans maritime injury lawyers, we hope that every maritime worker in the United States will live a long and healthy life. But the reality is that sometimes the jobs we do both on shore and on board a vessel result in injury, or even worse, death. And when a seaman is killed because of negligence on someone else’s part, the law can be confusing.

What are the wrongful death rights of the American maritime worker’s family? These rights fall under three categories, the Jones Act, the Death on the High Seas Act (DOHSA) and the area of general maritime law. Let’s examine each one:

• The Jones Act - If a seaman is killed through some type of negligence by his employer, the Jones Act will be used to fight his family’s legal battle. This particular area of the law pertains to vessels that are privately owned or operated. Jones Act damages include pecuniary (loss of wages, medical costs, etc.) and non-pecuniary (pain and suffering).
• The Death on the High Seas Act - This law applies to deaths from accidents that occur over three nautical miles from the shores of the United States. It does not apply to the Great Lakes. The site of the accident must be on the high seas, but the place where the negligence occurred does not have to be. The Jones Act only applies to the injured person’s employer. In comparison, the DOHSA can apply to any person, company or other entity that causes a death on the high seas. This Act covers only pecuniary damages, unlike the Jones Act.
• General Maritime Law - This area of law was created to fill in the gaps in the legal system when it comes to maritime wrongful death. It applies to maritime wrongful death cases within the territorial waters of the United States. When a suit is filed using either the Jones Act or the DOHSA, general maritime law cannot be applied to the case. Suits brought under general maritime law can include loss of wages, medical costs and pain and suffering. Punitive damages can also be sought.

It would take a great deal of time and deep study to truly understand the nuances of these three laws. For that reason alone, you need the help of a professional. Do not hesitate to consult a Gulf Coast maritime accident attorney for any questions you have about a wrongful death lawsuit. The experienced team at Vujasinovic & Beckcom has the resources to help you.

If you have lost a loved one working in the maritime industry, please give us a call today toll-free at 877-724-7800 or 888-472-1440. We represent families throughout the United States.