Louisiana Jones Act Claims: Types of Wrongful Death Compensation
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Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
Jones Act claims, the Death on the High Seas Act (DOHSA) and general maritime law are often used to file a wrongful death compensation claim. When maritime workers lose their lives on the job, there may be options for family members who seek damages.
Jones Act claims are filed against the maritime worker’s employer. It is based on negligent actions that resulted in fatal injuries, such as malfunctioning machinery or inadequate safety equipment. Because the Jones Act primarily addresses injury, it is somewhat restricted in terms of wrongful death claims being filed under it. To file a wrongful death claim under the Jones Act, the person’s death must have happened either in a marine league of shore or while in port. Otherwise, the Death on the High Seas Act must be invoked.
Seeking Wrongful Death Compensation Using Jones Act Claims
Those who may be eligible to file Jones Act claims stemming from wrongful deaths include spouses, children, parents and other dependents. Entitlement of compensation generally falls in this order.
Medical bills that arise out of the accident that led to the worker’s death may be recoverable. Examples of costs include hospitalization, emergency services and surgery.
There may be wrongful death compensation for lost income, including potential earnings had the family’s loved one survived. Additionally, reasonable burial and funeral costs may be addressed in a Jones Act Claim.
Along with the costs incurred and the financial support lost, damages can address losses that don’t have a specific value, yet are worth something in claims. An example is pain and suffering. This generally relates to the wrongful pain and suffering that the maritime worker experienced prior to passing.
The family’s losses, such as children who are without support, guidance and training, could be compensated. Spouses may be eligible to recover loss of companionship and affection.
Finally, punitive damages can be sought, although they are more difficult to attain because their main purpose is to punish the perpetrator, rather than compensate the victim. But a recent decision – Atlantic Sounding Co. v. Townsend – upheld maritime workers’ rights, which is a positive vote for those seeking recompense from employers.
Other Wrongful Death Claims Stemming from a Maritime Accident
There are certain circumstances in which a wrongful death claim can be brought under general maritime law and paired with the Jones Act. This type of claim stems from a maritime accident in the territorial waters of a state.
Another option that may be available to a family is filing a claim under the Death on the High Seas Act. This stems from accidents that occur on the high seas, which are three nautical miles off the coast of any state. Again, damages that may be recoverable are similar to those previously mentioned.
Understanding rights after a loved one dies sometimes can be challenging. Consulting a Jones Act lawyer in Louisiana can help families sort through the circumstances surrounding the death, determining the legal options that may be available.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Jones Act claims are filed against the maritime worker’s employer. It is based on negligent actions that resulted in fatal injuries, such as malfunctioning machinery or inadequate safety equipment. Because the Jones Act primarily addresses injury, it is somewhat restricted in terms of wrongful death claims being filed under it. To file a wrongful death claim under the Jones Act, the person’s death must have happened either in a marine league of shore or while in port. Otherwise, the Death on the High Seas Act must be invoked.
Seeking Wrongful Death Compensation Using Jones Act Claims
Those who may be eligible to file Jones Act claims stemming from wrongful deaths include spouses, children, parents and other dependents. Entitlement of compensation generally falls in this order.
Medical bills that arise out of the accident that led to the worker’s death may be recoverable. Examples of costs include hospitalization, emergency services and surgery.
There may be wrongful death compensation for lost income, including potential earnings had the family’s loved one survived. Additionally, reasonable burial and funeral costs may be addressed in a Jones Act Claim.
Along with the costs incurred and the financial support lost, damages can address losses that don’t have a specific value, yet are worth something in claims. An example is pain and suffering. This generally relates to the wrongful pain and suffering that the maritime worker experienced prior to passing.
The family’s losses, such as children who are without support, guidance and training, could be compensated. Spouses may be eligible to recover loss of companionship and affection.
Finally, punitive damages can be sought, although they are more difficult to attain because their main purpose is to punish the perpetrator, rather than compensate the victim. But a recent decision – Atlantic Sounding Co. v. Townsend – upheld maritime workers’ rights, which is a positive vote for those seeking recompense from employers.
Other Wrongful Death Claims Stemming from a Maritime Accident
There are certain circumstances in which a wrongful death claim can be brought under general maritime law and paired with the Jones Act. This type of claim stems from a maritime accident in the territorial waters of a state.
Another option that may be available to a family is filing a claim under the Death on the High Seas Act. This stems from accidents that occur on the high seas, which are three nautical miles off the coast of any state. Again, damages that may be recoverable are similar to those previously mentioned.
Understanding rights after a loved one dies sometimes can be challenging. Consulting a Jones Act lawyer in Louisiana can help families sort through the circumstances surrounding the death, determining the legal options that may be available.
ABOUT THE AUTHOR: Timothy Young
Maritime and admiralty lawyer Timothy J. Young graduated cum laude from Tulane Law School in 1993. Licensed to practice in both Louisiana and Texas, he is an active member of the American Association for Justice and the Louisiana Association for Justice, including the admiralty sections of both associations. Mr. Young has given talks to lawyers in other states regarding the practice of maritime law.
At The Young Firm, our maritime and admiralty attorneys are dedicated to providing superior legal counsel to clients injured as a result of another party's reckless, careless, or negligent conduct. We meticulously prepare each case and are committed to protecting the rights of the catastrophically injured. For more than 50 years, our attorneys have been focusing on the practice of maritime / admiralty law.
Copyright The Young Firm
More information about The Young Firm
View all articles published by The Young Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
