Florida Wrongful Death Claims
Losing a loved one due to an accident at sea is an unimaginable tragedy, and understanding the legal options available can be overwhelming. The Cruise Injury Law Firm is dedicated to helping families navigate the complexities of maritime wrongful death claims, ensuring their rights are protected and their voices are heard.
What is a Maritime Wrongful Death Claim?
Maritime wrongful death claims provide a pathway for families to seek compensation when a seafarer, cruise passenger, or offshore worker loses their life due to negligence or unseaworthiness on the high seas. Unlike standard personal injury claims, maritime wrongful death cases are governed by unique federal laws that address incidents in international and U.S. waters. Our firm specializes in these complex cases, offering legal guidance under laws like the Death on the High Seas Act (DOHSA) and the Jones Act to help families receive the justice they deserve.
Understanding the Death on the High Seas Act (DOHSA)
The Death on the High Seas Act (DOHSA) is a federal law created to provide compensation for families who have lost loved ones more than three nautical miles from U.S. shores. Originally enacted to cover commercial shipping and airline accidents, DOHSA also applies to cruise ship and offshore platform incidents, granting families of victims the right to pursue economic damages.
What Compensation is Available under DOHSA?
DOHSA allows families to claim economic damages, which can include:
Loss of financial support: Calculated based on the victim’s expected future earnings
Medical expenses: Costs related to treatment before the fatal incident
Funeral expenses: Reasonable burial or cremation costs Unfortunately, DOHSA restricts claims to economic damages alone, which means that non-economic damages, such as pain and suffering or loss of companionship, may not be available.
Our team will explore every legal avenue to maximize the compensation your family may be entitled to under DOHSA or related maritime laws.
Key Differences Between DOHSA and the Jones Act
When wrongful death occurs in maritime settings closer to shore, the Jones Act may provide additional legal recourse. While DOHSA applies beyond three nautical miles, the Jones Act often covers seafarers and offshore workers injured or killed within U.S. territorial waters. Unlike DOHSA, the Jones Act allows for non-economic damages, such as pain and suffering. This distinction can significantly impact the potential compensation, and The Cruise Injury Law Firm will help determine which law best applies to your case.
Eligibility for Filing a Maritime Wrongful Death Claim
Only certain family members are eligible to file wrongful death claims under maritime laws. Under DOHSA, eligible family members may include:
- Spouses and children of the deceased
- Parents of unmarried victims
- Financial dependents who relied on the deceased for support.
Eligibility may vary depending on specific circumstances, and our experienced attorneys are available to discuss your family’s right to file a claim.
Common Types of Maritime Wrongful Death Cases
Our firm has extensive experience representing families affected by various types of maritime wrongful deaths, including:
Cruise Ship Incident: Tragic cases involving passenger falls, medical negligence, and onboard accidents
Offshore Platform Accidents: Fatal incidents involving offshore drilling or oil rig work
Commercial and Fishing Vessel Accidents: Cases involving hazardous working conditions on commercial vessels.
Regardless of the circumstances, we are committed to fighting for the rights of families affected by these preventable tragedies.
The Process of Filing a Maritime Wrongful Death Claim
Filing a wrongful death claim in maritime law involves several critical steps. The Cruise Injury Law Firm provides comprehensive legal support throughout this process, including:
Case Assessment: We will evaluate your case to determine the most applicable law—whether DOHSA, the Jones Act, or another statute.
Evidence Collection: This may include accident reports, witness statements, employment records, and expert testimony to build a strong claim.
Claim Filing: We will guide you through filing the necessary documents in the appropriate admiralty court, ensuring all procedures are followed accurately.
Legal Representation: Our attorneys will represent you in negotiations or court to pursue the maximum compensation available.
Why Choose The Cruise Injury Law Firm?
At The Cruise Injury Law Firm, we understand the unique challenges and emotional toll that maritime wrongful death cases bring. Our team is deeply knowledgeable in admiralty law and committed to providing compassionate, results-driven representation. We know that families need both legal expertise and genuine support during these difficult times, and we are here to provide both.
Our firm offers:
- In-depth knowledge of maritime wrongful death laws, including DOHSA and the Jones Act
- Proven success in complex admiralty cases involving high seas incidents
- Personalized support tailored to each family’s unique circumstances and needs
- Transparent communication so that families stay informed at every step
Frequently Asked Questions About Maritime Wrongful Death
Who can file a maritime wrongful death claim?
Typically, spouses, children, and other financial dependents of the deceased can file under DOHSA. Eligibility may vary depending on the victim’s role and location of the incident.
What compensation is available under maritime wrongful death law?
Under DOHSA, compensation is limited to economic damages, including loss of income, medical costs, and funeral expenses.
How does DOHSA differ from the Jones Act?
DOHSA applies to deaths beyond three nautical miles and restricts compensation to economic losses, while the Jones Act may allow additional compensation and applies within U.S. territorial waters.
Is cruise ship liability covered in wrongful death cases?
Yes, cruise lines can be held liable for wrongful deaths due to negligence. Our firm can help navigate the specific rules applying to cruise ship incidents.
What challenges are common in wrongful death cases at sea?
Jurisdictional issues and employer defenses are common, especially in cases involving international waters or foreign-flagged vessels. Our attorneys are experienced in addressing these challenges.
Contact The Cruise Injury Law Firm Today
If your family has experienced a tragic loss due to a wrongful death at sea, The Cruise Injury Law Firm is here to help. We understand the unique complexities of maritime law and are committed to seeking justice for your family.
Contact The Cruise Injury Law Firm for a compassionate consultation, where we’ll discuss your case, explain your legal rights, and explore the best path forward.
