Helping Families Of Those Who Died In Maritime Accidents
If you’re the personal representative, surviving spouse, parent, or dependent relative of someone who has died at sea or near the water, you might consider a wrongful death lawsuit to recover damages for your loved one’s fatal accident. At Brodsky Micklow Bull & Weiss LLP, our experienced attorneys have worked with many families who have suffered this ultimate loss. We can help you evaluate your legal options when you’re ready to discuss them with our California wrongful death trial lawyers.
Jones Act Representation
We can advise and represent the survivors of merchant mariners, working seamen, and commercial fisheries workers who have died at sea while covered under the Jones Act. While this statute allows the personal representative, surviving spouse, and in some cases, parents or children to succeed to the deceased mariner’s Jones Act rights, the damages that can be recovered depend on many factors.
For example, if the death occurred outside the territorial waters of the United States, the claim is covered under the Death on the High Seas Act, which does not allow for recovery from the employer of non-pecuniary damages, such as loss of society, companionship, or consortium.
If the death occurred in U.S. territorial waters, however, the elements of damages that can be recovered are more inclusive. If the wrongful death claim can establish an allegation of unseaworthiness against the vessel owner (as opposed to the employer), then damages may include such factors as loss of society or consortium. These considerations can make a major difference in the overall value of your recovery.
Other Wrongful Death Claims
Our approach to cases that do not involve working seamen can vary significantly depending on the facts of the particular case. The rights and options available in cases involving passenger cruises, ferry accidents, fatal boating accidents, and longshore or terminal fatalities can differ considerably from case to case.
Even a freshwater jet ski fatality can often be handled under federal maritime law, but it’s always advisable to analyze all of the competing factors to determine whether it’s better to invoke federal maritime law, or to proceed under state wrongful death statutes. Whatever the circumstances of your claim, you can rely on us to pursue and locate the necessary evidence, wherever in the world it might be found.
Helping You Move On
For specific advice about your rights in a fatal boating accident, we encourage you to contact one of the experienced Oakland, Long Beach and San Diego maritime wrongful death attorneys at Brodsky Micklow Bull & Weiss LLP. Contact our attorneys by calling 510-268-6180 or toll free at 855-SEA-SOS1.