Family members of seamen killed in the line of work may have legal protection under United States maritime legislation. The circumstances will decide which laws you are eligible to file suit under.
If your loved one was killed at sea while working, an experienced Houston maritime attorney can assist you to verify your legal rights and assist you in deciding whether to file suit.
Defining The Death On The High Seas Act
The Death on the High Seas Act, often called DOHSA, is a maritime law providing for the reparation of families of seamen killed in global waters because of carelessness on the part of a crewmember or the vessel he was on. If the accident happened more than 3 miles from the shoreline of the United States or its territories, family members may be entitled to file grievances under these laws.
Settlement can only be made to the laborer's spouse, offspring or dependent relatives and is limited to monetary and pecuniary reparation. Families may also be qualified to receive emotional damages under some circumstances.
Wives and husbands could also have the ability to claim loss of household services, which means the loss of assistance provided by the seaman in raising kids and household tasks. DOHSA doesn't take into account for loss of support, consortium and companionship damages and preempts state or other maritime regulations that do.
Jones Act Claims
As the name suggests, the DOHSA is specifically for death incidences of a seaman. If your family member was injured while working as a seaman, he should seek a case under the Jones act law, which covers particular sorts of maritime laborers who have been hurt in the course of work by reason of negligence. There are cases, however, where surviving immediate family members will be able to file a Jones Act wrongful death claim.
In the event that your loved one was killed in United States seas inside a marine league of the coastline or whilst in port, the surviving family may be permitted to file suit under this law and not the DOHSA. In this case, the family may be eligible to claim further damages. If neglect or proof of unseaworthiness against the vessel owner can be determined, reparation for loss of consortium and punitive damages might be possible.
Other Wrongful Death Laws That Can Apply
The Jones Act sets forth remedy for the families of seamen who lost their lives because of the employer's neglect. If the incident was the outcome of disregard in whole or in part by an individual besides the employer, the seaman's family members might be able to file suit under general maritime law or state wrongful death statutes.
When the death takes place in federal waters, the wrongful death regulations of the abutting state could be applied. But, with the many conditions that go into deciding not only whether a claim is feasible but also what statute it ought to be submitted under, talking with a maritime attorney is the advisable plan for the families of seamen killed in the course of duty.
In the event that your loved one lost his life in his line of work as a seaman, speak to the experienced Jones Act lawyers in Houston at Richard J. Plezia & Associates today to discover if you have a claim.
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