Family members of seamen who lost their lives in the line of duty may have legal refuge under United States maritime laws. The circumstances will determine which laws you are able to file suit under.
If your family member lost his life at sea while working, an expert maritime law lawyer can help confirm your legal rights and aid you in deciding whether to file a claim.
What Is The Death On The High Seas Act
The Death on the High Seas Act, often referred to as DOHSA, is a maritime law providing for the compensation of families of seamen killed in global waters due to neglect on the part of a coworker or the vessel he was on. If the incident took place more than three miles from the coast of the U.S. or its territories, family members might be allowed to file lawsuits under this legislation.
Settlement may only be made to the employee's spouse, children or dependent relatives and is limited to monetary and pecuniary damages. Families could also be eligible for emotional damages in some situations.
Spouses may also have the option to claim loss of household services, referring to the loss of assistance provided by the seaman in raising offspring and home tasks. DOHSA doesn't allow for loss of support, consortium and companionship damages and preempts state or other maritime laws that do.
Claims Under The Jones Act
As the name suggests, the DOHSA is specifically for death incidences of a seaman. In the event your family member was hurt as a seaman, he should follow a claim under the Jones Act, which safeguards certain varieties of maritime laborers who have been hurt in the line of work caused by neglect. There will be instances, conversely, where a surviving spouse, children or parents will be able to submit a Jones Act wrongful death claim.
If your member of the family lost his life in United States waters inside a marine league of shore or while in port, the surviving family members may be permitted to file claim under this law instead of the DOHSA. In this case, the family can be permitted to claim additional damages. If neglect or claims of unseaworthiness against the vessel owner can be established, compensation for loss of consortium and punitive damages could be viable.
Other Applicable Wrongful Death Laws
The Jones Act establishes remedy for the families of seamen killed because of employer's neglect. If the accident was the outcome of neglect in part or in whole by a party other than the employer, the seaman's family members might have the ability to file a claim under general maritime law or state wrongful death statutes.
When the death takes place within federal waters, the wrongful death law of the adjacent state might be appropriate. But, with the extensive amount of conditions that go into concluding not merely whether a legal claim is feasible but also what statute it ought to be submitted under, consulting a maritime lawyer is the advisable plan for the family members of seamen who lost their lives in the line of duty.
The maritime lawyers at Schechter McElwee Shaffer & Harris have extensive experience in filing claims on behalf of seamen killed in the line of work under the Jones Act and other legislations.
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