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. These working conditions can result in death of a loved one with parents, spouses and even children left behind to pursue wrongful death and survival claims against marine employers. These employers most often include: cruise ship, tug & barge, container and tanker companies along with their insurance companies with teams of attorneys. Having previously represented shipping, cruise lines and marine insurance companies for nearly two decades, the board certified maritime attorneys at the law firm of Brais Law Firm know the tactics often employed when defending wrongful death claims. The lawyers at the law firm of Brais Law Firm with offices in Miami, Florida and Boston, Massachusetts 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.
Maritime Related Deaths
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.
Wrongful Death vs. Survival Action Claims
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 dependents 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.
Choose the Right Attorney for Your Maritime Claim
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.
Get Help Today From Board Certified Maritime Attorneys
The attorneys at the law firm of Brais Law Firm 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 call 800-499-0551 from within the U.S., call 305-416-2901 in Florida or click Contact Us to select and complete a form for a free evaluation of your case.
Coronavirus (COVID-19) … What did the Cruise Lines Know? When? And, Can Cruise Lines Be Held Accountable? A Maritime Lawyer’s Analysis.
April 20, 2020 by Keith Brais
RELATED CLIENT TESTMONIALS
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Awesome team of legal professionals!! I can't thank Mr. Brais and his team enough for helping me through the worst experience of my life. Had it not been for their dedication to seeing things through. I would be in a very bad place. I highly recommend Brais Law firm.