When dealing with maritime death claims, beneficiaries have several key remedies to consider, including the Death on the High Seas Act (DOHSA), the Jones Act, and general maritime law.
Death on the High Seas Act
Under 46 U.S.C. § 761, DOHSA applies to deaths caused by wrongful acts that occurred on the high seas, beyond three nautical miles from shore. This federal law allows the decedent’s personal representative to file a suit for damages in U.S. district courts. Eligible claimants include the decedent’s spouse, parent, child, or dependent relative. These individuals can seek compensation for pecuniary losses such as funeral expenses, lost financial support, and lost services. Children of the decedent may also claim for the loss of nurturing and guidance. It’s important to note that while DOHSA claims can be pursued alongside Jones Act claims, general maritime law claims are preempted by DOHSA.
The Jones Act
The Jones Act allows beneficiaries to file death claims against the seaman’s employer. Damages under the Jones Act include pecuniary losses and recovery for the decedent’s pre-death conscious pain and suffering, medical expenses, and loss of income.
General Maritime Law
General maritime law provides a framework for death claims that can be pursued alongside a Jones Act claim if the seaman’s death occurs within state territorial waters. Recoverable damages under general maritime law include loss of support, services, funeral expenses, nurturing, inheritance, fringe benefits, pre-death pain and suffering, medical expenses, and lost wages.
What to Do After a Death at Sea
Understanding these remedies is essential for navigating maritime death claims. If you need assistance with filing your maritime death claim, our trusted maritime injury lawyers are here to help. With their expertise and dedication, they can guide you through the process and ensure that you receive the compensation you deserve. Contact our experienced maritime injury attorneys at 1-800-732-7258 or email us at jim@injuryatsea.com for a free consultation.