Houston Maritime Wrongful Death Lawyers

We Can Help You Seek Justice in a Maritime Wrongful Death Case in Houston Texas

If a loved one of yours has died while employed by a Houston-area company in the maritime industry due to some party’s negligence, you likely have merit in bringing a wrongful death lawsuit against any or all of the negligent parties that caused or contributed to your loved one’s passing.

However, when such a death occurs, there can be a few different avenues through which compensation can be sought for your loss: the Jones Act, the Death on the High Seas Act, the laws of the adjoining state, and general maritime law. Each avenue requires different aspects to have been involved in the accident. By seeking the help of a knowledgeable Houston maritime wrongful death attorney like Michael Grossman, you will have the legal assistance of a lawyer that will work to hold all liable parties accountable for their negligence leading to your loved one’s passing.

Jones Act Wrongful Death Cases

The Jones Act is a complex piece of maritime law that provides for the safety of a worker, also known as a seaman, while working on a vessel. In order for the Jones Act to be applicable to a wrongful death case, the worker must be proven to have been a seaman in the employ of a vessel. A vessel can include a wide variety of ships, barges, boats on which some type of work is performed. Courts have also expanded the definition of seaman to include a variety of workers in the maritime industry. Assessing a worker’s status as a seaman and their relationship to a vessel is the first step in determining if legal action can be pursued through the Jones Act for a wrongful death. This can often only be done with the help of an attorney that is familiar with the Jones Act.

If the decedent is defined as a seaman in the employ of a vessel, then the worker’s family is entitled to seek certain benefits for their loss through a Jones Act wrongful death lawsuit. The family members that can pursue such legal action are the surviving spouse, children, or other dependent relatives. In a Jones Act wrongful death claim, the family member that brought the claim is seeking compensation for the damages, i.e. financial losses, that they have incurred as a result of their loved one’s passing. Such damages can include loss of the decedent’s future earnings, lost inheritance, or loss of guidance in the case of a parent’s death. Furthermore, an executor of the decedent’s state or another representative for the decedent can bring a claim for the worker’s pain and suffering they experienced prior to death.

It should also be noted that when a seaman brings a Jones Act claim against their employer for a sustained injury who then dies while the claim is still being processed, the executor of the estate can fill in for the decedent in order to recover any compensation that may have been forthcoming as a result of that Jones Act claim before the decedent’s death. Additionally, when the seaman has died, the family of the decedent can then also pursue a wrongful death claim.

Death on the High Seas Act Wrongful Death Cases

The Death on the High Seas Act covers any maritime wrongful deaths that occur at over three nautical miles from any state’s shoreline. A personal representative of the decedent brings a wrongful death case under the DOHSA on behalf of the decedent’s spouse, children, parent, or other dependent relative. Damages in DOHSA cases are for the financial losses experienced by those that the decedent has left behind. These damages can take the form of, among other things, compensation for a child’s loss of parental guidance and care or a spouse’s loss of their spouse’s financial contribution to their family. DOHSA claims do not provide for survival damages unless the seaman has filed a personal injury lawsuit and dies while the lawsuit is still pending. In other words, a seaman that immediately dies as a result of an accident is not entitled to receive compensation for such damages as their own pain and suffering.

State Law and General Maritime Law Wrongful Death Cases

If the Jones Act or the Death on the High Seas Act do not apply to a wrongful death case, state law or general maritime law may apply. Depending on the particular circumstances of the accident, the laws of the adjoining state to the worker’s vessel may be applicable. Furthermore, if a third party other than the employer or a faulty product causes or contributes to a wrongful death, legal action may be pursued against the liable party or parties through general maritime law. In other words, when a person dies as the result of the negligence of some other person or entity, there is often legal recourse for that person’s family to pursue in order to hold the liable party accountable for their negligent behavior.

Seek the Help of a Jones Act Attorney if You’ve Lost a Loved One Due to a Wrongful Death

Did You Know?

Michael Grossman has been fighting for Maritime Accident victims` rights for over 20 years. Call Mike to discuss your case. 1-855-392-0000

As you can likely tell, assessing which legal avenue to pursue when a wrongful death occurs to an employee in the service of a vessel can be a challenging issue, but it’s of the utmost importance that the correct avenue be pursued so that the bereaved family can stand to receive full and fair compensation for their loss. By contacting Jones Act wrongful death lawyer Michael Grossman, you can begin the process to seek compensation for your loved one’s loss, as well as working to see justice served so that a similar, tragic accident doesn’t have to befall another family due to the continued negligence of a Houston maritime employer or another liable party. Contact Grossman Law Offices at 1-855-392-0000 (toll free) for a free consultation to discuss the merits of your accident case and the possible legal options you may be able to pursue.