Jones Act Seaman Death & Survival Claim FAQs (Frequently Asked Questions)
Who May Bring A Wrongful Death Action Under The Jones Act?The personal representative of a seaman/crewmember who died on shore or within 3 nautical miles from shore, may bring a wrongful death claim under the Jones Act on behalf of the surviving widow or husband and children; and, if none, then the employee’s parents; and, if none, then the next of kin dependant upon the deceased seaman.
Who Can Be Beneficiaries Under The Jones Act?The Jones Act allows recovery on behalf of the decedent’s beneficiaries. Beneficiaries have been determined to include:
- Surviving spouse – A wife or husband who was married to the decedent at the time of death. Common law spouses (as long as their common law marriage complies with the applicable state law) have been held to be a surviving spouse. Divorced spouses, however, are not deemed to be beneficiates.
- Children – Biological children as well as stepchildren who have suffered pecuniary losses due to the death have been held to be beneficiaries.
- Parents – Dependant parents are considered beneficiaries. Non-dependant, however, parents are not beneficiaries.
- Siblings – Siblings who are dependant on the decedent may be deemed dependants.
When Must I File A Jones Act Claim?For wrongful death cases under the Jones Act, a claim must be filed within 3 years of the date of death.
What Types Of Damages Are Recoverable Under A Jones Act Wrongful Death & Survival Claim?Unlike DOHSA, the Jones Act provides both wrongful death and survival remedies. Under this theory, the following damages are available:
- Financial Support and Contribution – The financial contributions that the decedent would have made to his spouse and dependants over the course of his/her work life expectancy less any amount determined to be for the care and maintenance of the decedent personally.
- Loss of Services – The monetary value of services the decedent would have provided to the beneficiaries around the home.
- Nurture to Dependant Children – The value of care, guidance and training to the decedent’s children.
- Funeral Expenses – Funeral expenses are allowed to the point actually paid by the beneficiaries.
- Pre-Death Pain and Suffering – Monitory value of the conscious pain and suffering cause by the negligent act the decedent felt prior to his death are recoverable under the survival provisions of the Jones Act.
- Lost Past & Future Wages –Wages lost over the course of his/her work life expectancy.
- Pre-Death Medical Expenses – Out of pocket expenses paid towards the decedent’s medical expenses.
What Types Of Damages Are NOT Recoverable Under Jones Act Wrongful Death & Survival Claim?Like DOHSA, a wrongful death Jones Act claim is limited to pecuniary loses, to wit:
- Loss of Society and Consortium are not recoverable.
- The Decedent’s Loss Future Earnings are not recoverable.
- Punitive Damages are not recoverable.
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