What Should I Know About Maritime Wrongful Death Claims?
Wrongful death claims under general maritime law can be extremely complicated. They have nothing to do with state law recoveries. There’s one exception to that. If the maritime casualty happened within three nautical miles and in some cases to the western edge of the Gulf Stream, then perhaps only state law would apply. Beyond that, there are occasions when something referred to as DOHSA, Death on the High Seas Act, will apply.
Under DOHSA, there’s only a certain amount of recoverable damages. Complicating that whole process, there’s something if it’s a Jones Act Seaman who’s died, then the Jones Act Seaman has perhaps pre-death pain and suffering in other or survival cause of action.
It’s a very, very complicated area of the law. We are called upon day in and day out to help people in these situations. If anyone would like to receive more information about this, they can certainly call my law firm. We would be happy to help.