Fatal Jones Act Claims

Compensation Options for Families of Victims of Maritime Accidents

Fatal Jones Act claims offer long-term financial support for surviving kin of deceased seamen who died while working in the maritime industry. This unique subset of general maritime law requires careful investigation, which only a skilled Jones Act attorney can provide. Contact us today to learn if you’re eligible for a wrongful death claim and get started on the claims process. 

Who Can File a Fatal Claim Under the Jones Act?

Maritime law permits the personal representative of a deceased seaman to file a wrongful death claim (46 U.S.C. § 30104). This can be children, spouses, dependent parents, or another relative for whom the late worker was providing care or financial support before death. 

It is important to note that these claims can only be made if the deceased was classified as a “seaman.” Federal law explains that this is a person engaged or employed in any capacity on board a vessel, given that they are not scientific personnel, sailing instructors, or sailing students (46 USC § 10101(3)).

How the Jones Act Covers Wrongful Death at Sea

Under the Jones Act, also known as the Merchant Marine Act of 1920, seamen who are injured or die while employed on a vessel in navigation can recover compensation. Unlike workers’ compensation, though, the plaintiff must prove negligence on the part of the employer or another third party. 

A common form of Jones Act negligence is unseaworthiness. For example, if a maritime injury or death occurs because the ship did not have adequate railings and the person fell overboard, this would count as unseaworthiness. 

What Types of Fatal Maritime Accidents Are Covered Under the Jones Act?

• Falls overboard
• Machinery malfunctions, like winches or towing lines
• Fires and explosions
• Collisions or capsizing
• Fatal toxic exposure, such as benzene or asbestos
• Crush accidents related to machinery

What Damages Can Maritime Workers’ Family Members Recover?

Our firm will fight hard to ensure you receive fair compensation for your loved one’s death. These death benefits can include:

• Funeral expenses
• Burial expenses
• Medical expenses prior to death
• Mental health support
• Lost wages and loss of financial support
• Emotional distress
• Loss of consortium
• Loss of guidance for underage children
• Loss of household services
• Pain and suffering prior to death for survival actions
• Punitive damages if injury occurs due to gross negligence

Wrongful Death vs. Survival Action

There are two different types of claims you may make. The first is a wrongful death claim, which compensates family members for their financial and emotional losses. These can include medical bills you may have had to pay for your loved one and your medical costs, like mental health support.

A survival action focuses on what the deceased seaman experienced prior to death, such as physical and mental anguish. 

Jones Act vs. Other Maritime Laws

Death on the High Seas Act (DOHSA) 

This federal law applies to offshore workers stationed more than 3 nautical miles at sea (46 U.S.C. §§ 30301–30308). It is usually used to recover compensation for the deaths of those not considered Jones Act seamen. For example, the loved ones of deceased scientists researching the outer continental shelf lands or sailing instructors can use the Death on the High Seas Act to be compensated for their loss. 

Longshore and Harbor Workers’ Compensation Act (LHWCA) 

Longshore workers and harbor workers are not covered by the Merchant Marine Act of 1920. Instead, their loved ones can receive death benefits through the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901–950). This system works similarly to standard workers’ comp and does not require negligence by any party.

General Maritime Law Wrongful Death 

If neither of these statutes applies, claimants can use general maritime law, like Moragne v. States Marine Lines, Inc., to seek damages. This US Supreme Court case overturned previous cases that did not allow for wrongful death claims by family members of non-seamen who died while performing a maritime job. 

Like with the Merchant Marine Act, you must demonstrate that one or more parties were primarily negligent and that it is their actions, or inactions, that resulted in death. Additionally, you will need to clarify why this law, rather than another law, is most appropriate to pursue your claim. 

Our attorneys will guide you through the process of selecting the right arguments for your case, ensuring you have a strong lawsuit. 

What Is the Time Limit to File a Wrongful Death Claim?

The Merchant Marine Act has a statute of limitations of three years (46 U.S.C. § 30104). Failing to act within this timeframe can mean that you have no claim. Contact us immediately so that we can investigate the circumstances surrounding the death and determine which law applies. 

Notable Wrongful Death Cases

Jose Flores, a deckhand, was bitten by a brown recluse spider while on deck. Despite developing abscesses and losing the ability to urinate, he remained on board the vessel until the end of the journey, at which time he was admitted to the hospital. Flores contracted MRSA, which ultimately led to liver failure, sepsis, and death. His family alleged that the vessel was unseaworthy due to the spider infestation, and a jury awarded them $41,104,000.00. 

A seaman was working on a freighter in the Great Lakes when hydraulic fluid hit a 500-watt halogen light, sparking an explosion. He was thrown 20 feet by the force of the blast, dying within minutes due to burns and smoke inhalation. His family sued the vessel, claiming $950,000 in future lost wages. A verdict provided $1,312,985.00 in death benefits.

A 32-year-old deckhand suffered a fatal head injury while working on the defendant’s tug, which was occupied in dredging mud with two scows. While the deckhand was attempting to climb onto the tug from the scow, the winch line broke. The tug drew away from the scow, and the deckhand lost his balance, falling into the water after hitting his head. He was declared dead upon retrieval. The plaintiff’s estate sued the company, alleging that the tug captain’s maneuvers were not safe according to the US Army Corps of Engineers. The defendant settled for $945,000.00. 

Why You Need a Lawyer for a Fatal Injury Claim

Our attorneys are highly skilled at navigating wrongful death benefits, including those involving maritime workers. We will assist you with every aspect of your case from start to finish, including these crucial elements.

Determining Jurisdiction and Relevant Statutes: Because multiple laws govern these claims, and because vessels may have traveled from different states or countries, we must first determine which court has jurisdiction before deciding which type of claim to file. Our firm works with clients from across Illinois, including areas like the Port of Chicago and the Mississippi River. 

Investigating Employer Negligence: Companies will insist that they are blameless, relying on comparative negligence to diminish their responsibility. They may state that the worker was not following safety procedures or that they had no prior warning of potential danger. We will use maintenance records, OSHA violations, crew logs, and witness testimony to refute this.

Proving Unseaworthiness: To make a claim, family members must demonstrate that the vessel was unseaworthy. This is a vague term that can cover everything from malfunctioning winches to food poisoning. We will meticulously scrutinize every element of the vessel, relying on independent experts who can provide their unbiased opinion.

Expert Testimony: These are complex cases because they involve elements such as vessel maintenance, navigation, marine safety procedures, and standard operation of a specific ship make. Using our extensive professional network, we will retain the right experts who can demystify the circumstances of the accident.

Multi-Jurisdictional Issues: Multiple federal and state laws govern death benefits for maritime accidents. For example, the deceased’s status as a seaman versus a harbor employee will determine what type of claim we can make. We will investigate the deceased’s work status and apply the correct statutes to recover benefits.

Evidence Preservation: Vessel black box data, logbooks, witness testimony, and accident scene surveillance footage can all clarify how the accident occurred, which determines liability. Unfortunately, this information can quickly be lost after an accident, even without malintent. Our team will demand that evidence be preserved so that we can thoroughly review all the available information.

Negotiation: Insurance companies will fight to avoid responsibility, using tactics such as delaying their investigation or quickly offering a lowball settlement. We will ensure that they pay their fair share and counter their deceptive tactics, improving your chances of a fair Jones Act settlement.

Trial Representation: While not every case must go to trial, we prepare every claim for court. Our legal team is highly familiar with all local court systems at the local, state, and federal levels, and will ensure that we file in the correct venue. We have an excellent track record of fair verdicts through our skillful case preparation. 

Why Hire IL Work Injury Lawyer

We are the best maritime law firm in Illinois, helping grieving families secure the funds they need to heal. Our team has recovered over $4950 million in verdicts and settlements, helping over 5,000 clients in the past 25 years. We are a member of the Million Dollar Advocates Forum, the American Association for Justice, and the Illinois Trial Lawyers Association, representing our commitment to continuing scholarship and advocacy outside of the courtroom.

When you work with us, you can expect attentive service, peerless trial representation, and a steadfast dedication to securing the highest settlement possible. We work on a contingency fee basis, meaning that you owe us nothing unless we win. 

Book a Free Consultation

When fatal accidents happen on the high seas, families are left to navigate the complexities of maritime statutes, but yours doesn’t have to go through that alone. Our Chicago work accident attorneys have a 98% success rate, and you owe us nothing unless we secure compensation for you. Contact us today for a free, no-obligation consultation and begin your journey toward justice.