Cruise Ship Passenger & Crew Member Death & Survival Claims
By whatever name, cruise ship passenger, Jones Act seaman, merchant marine, seafarer, crew member, oil rig worker, commercial fisherman, all work or travel in oftentimes demanding and unforgiving offshore environments a consequence of which death can result and loved ones are left behind to pursue wrongful death and survival claims against marine employers, cruise ship and insurance companies with teams of attorneys and lawyers. Having previously represented shipping, cruise lines and marine insurance companies for 19 years, the board certified maritime attorneys at the law firm of Brais, Brais & Rusak are in a unique position to protect the families of cruise ship passengers, merchant seamen and crew members whose family member died while working or traveling at sea. The lawyers at the law firm of Brais, Brais & Rusak with offices in Miami, Florida, Boston, Massachusetts and Houston, Texas are here to help the families of cruise ship passengers, merchant seamen & crew members as a result of a shipboard or offshore accident causing death.
An accidental death unfortunately occurs to cruise ship passengers, seamen, crew members, longshoremen and harbor workers. These tragic consequences can result from a wide array of circumstances on the ocean, inland navigable waters or locations in close proximity to the water, e.g., piers and loading docks. Examples include: collision between pleasure yachts, out of control “go-fast” boats, reckless Jet Ski operators, defective cranes and/or forklifts used for loading stores, substandard or delayed medical care on or off a cruise ship and the list goes on. The applicable law and amount of damages loved ones are entitled to depend upon whether or not the deceased was a maritime worker or cruise ship passenger and where the death occurred. There are four bodies of maritime law which deal with deaths. These are general maritime law (federal common law), the Jones Act, the Longshore and Harbor Workers’ Compensation Act and the Death on the High Seas Act.
Understanding the differences between a wrongful death versus a survival action first requires identifying on whose behalf the suit is being brought and for what type of damages. A wrongful death action recognizes the right of a victim’s dependants to recover for their own losses as a result of a loved one’s passing. This claim typically allows for the recovery of loss of support, the value of services which would have been rendered by the deceased but for the death and the value of parental guidance. A survival action recognizes the right of a victim’s estate to recover damages for his or her personal injuries prior to death, i.e., the decedent’s pain and suffering before death, medical expenses, future lost wages or loss of accumulated earnings, and funeral expenses.
Selecting the right firm with expertise in this highly complicated area of law is very important to the success of your claim. Selecting a law firm who specialties in admiralty and maritime law is critical to ensuring the right claim is timely filed and the right damages are sought.
The attorneys at the law firm of Brais, Brais & Rusak have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.
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