Miami Lawyer Cruise Ship Wrongful Death Claim
Contact Wolfson & Leon today to learn more about your family's legal rights by calling (305) 285-1115 for your free and confidential case evaluation.
While working on a cruise ship or vessel can be an exciting experience, it isn’t without its hazards. We don't expect to lose a loved one when they go to work on a cruise ship. But cruise ship workers can face dangers if they work with broken equipment, lack the appropriate training, or are victims of violence.
When a tragic accident at sea takes the life of someone you love, families are left to deal with the sadness of their loss. Not only do families suffer emotionally, but they can also suffer financially. But the pain can be unbearable when someone else's negligence causes the accident.
At Wolfson & Leon, we understand families' intense grief and pain when they lose their loved ones on a cruise ship. And when the family member is the primary financial provider, it can cause a severe financial strain on those left behind. If someone you love lost their life working on a cruise ship, you should seek legal advice as soon as possible. Under maritime law, there are ways to recover damages to pay for lost wages, medical expenses, funeral costs, and pain and suffering. But there are often time limits and strict requirements you must follow.Maritime Law and Wrongful Death Claims
Maritime laws cover accidents and fatalities on cruise ships and other vessels. When your loved one lost their life as they worked on a cruise ship, you might be able to recover damages under the provisions of maritime law by filing a wrongful death claim.Jones Act
If you can prove that your loved one lost their life due to employer negligence, you might recover benefits by filing a claim through the Jones Act. Under the Jones Act, you may be eligible for compensation to cover medical expenses, lost income, pain and suffering, and mental anguish.Death on High Seas Act (DOSHA)
DOHSA is a federal law that may cover a wrongful death suit. Under this Act, the decedent’s personal representative may file a claim on behalf of a surviving spouse, parent, child, or another dependent family member if the death occurred at least three nautical miles of U.S. land.
Under DOHSA, the Plaintiff must demonstrate that the vessel owner or operator was negligent or the ship was unseaworthy. The Plaintiff must prove that this breach resulted in death and that Plaintiff suffered damages.
Under the DOHSA, you may be able to recover damages for lost financial support. Any proceeds received go to immediate family members, such as the surviving spouse, parent, or dependent child. Compared to the Jones Act, DOSHA is more restrictive in the compensation you can recover. However, DOSHA pre-empts all other maritime and state laws when it applies.Longshore and Harbor Workers' Compensation Act (LHWCA)
Under the LHWCA, you might be eligible to recover damages by filing a claim. The LHWCA covers employees who worked in a cruise port or terminal, or were employed as a longshoreman, crane operator, or in a similar position. When you file a claim under (LHWCA), you may be able to recover damages. Under LHWCA, you don't need to prove negligence. However, you must file the claim within one year of your loved one’s death.Why Call a Miami Cruise Ship Wrongful Death Attorney?
The pain and grief families face when losing someone they love is excruciating. Loss of life takes an extreme toll on families. In addition to the mental and emotional stress, many families face financial hardship in the aftermath.
If a cruise ship accident has taken the life of someone you love, you could recover compensation by filing a wrongful death claim. Strict deadlines and the legal complexities of maritime law make it essential to speak with an attorney to understand your rights to recover damages.
The maritime lawyers at Wolfson & Leon offer a no-cost, no-obligation consultation to families left to grieve after a cruise ship accident. Let Wolfson & Leon help you navigate this challenging time by contacting us at (305) 285-1115 today.