Maritime Wrongful Death

Oil and Gas Platform 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, 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.

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.

Maritime & Boating Accident Lawyer News - Cruise Ship Injury & Death

Client Reviews

★★★★★
After my accident I contacted them right away. I was able to see them the same day and was kept in contact throughout the process. Everyone in the office was very accommodating, polite and professional. I highly recommend Brais Law and think very highly of their lead attorneys. They helped me WIN my case, and I am forever grateful. They went above and beyond to assist me. Thank you all so very much. H.S.
★★★★★
The entire law firm of Brais Law were extremely helpful in handling my snorkeling accident. The firm takes customer service to a new level, not only being readily available, but courteous, respectful, sympathetic, and empathetic. The firm, especially Keith and Karla, were always quick to return calls, offer updates, and provide guidance and information. There is no comparison when it comes to firms. If you need legal advice or representation, especially concerning maritime events, contact Keith and his crew first and save yourself a lot of time and heartache! J.C.
★★★★★
I was looking to refer a client injured on a cruise ship and had the pleasure of speaking to Keith. Keith was extremely helpful and he took time out of his day to provide some guidance. If you're looking for a Admiralty & Maritime /Personal Injury Lawyer in Florida, I would highly recommend Brais Law Firm! T.C.