Any type of wrongful death lawsuit can present challenges for a grieving family seeking compensation. Maritime wrongful death cases can be especially complex, due to the various laws that apply and the challenges involved in proving negligence. If you have lost a loved one, speak to a Houston maritime wrongful death lawyer. The maritime injury attorneys at Williams Hart & Boundas can help your family seek fair compensation as you recover from the trauma of losing a loved one.
Common Causes of Maritime Deaths
Maritime deaths often result from a combination of hazardous working conditions, human error, and mechanical failures. One of the most common causes is vessel accidents, including collisions, capsizing, or sinking due to rough seas, storms, or navigational mistakes.
Falling overboard is another frequent cause of death, often stemming from slippery decks, lack of safety equipment, or inadequate training. Equipment malfunctions or failures, such as engine problems, faulty rigging, or machinery accidents, can lead to severe injuries or fatalities. Crew negligence, including fatigue, intoxication, or failure to follow safety protocols, also contributes to fatal accidents.
Additionally, exposure to hazardous materials, fires, and explosions onboard commercial vessels or fishing boats can be deadly. Understanding these common causes is essential for preventing accidents and for pursuing legal claims, as identifying the underlying negligence or unsafe conditions is often key to securing compensation for families under maritime law.
Schedule a consultation with a Houston maritime fatal accident lawyer to discuss your specific situation and begin exploring legal options.
What Laws May Apply to a Maritime Wrongful Death Case
There are several ways that you may seek compensation for the maritime death of a loved one under federal law.
First, the Death on the High Seas Act (DOHSA) under 46 United States Code § 303 is a U.S. federal law that provides compensation to the families of individuals who die due to wrongful acts occurring beyond three nautical miles from the U.S. shore.
If your loved one was a seaman who was working on a navigable vessel, your family may file a simultaneous case against the employer according to the Jones Act under 46 United States Code § 24. This is a personal injury lawsuit, where your family needs to prove negligence to win the case.
If your loved one does not fall under either of the above statutes, or you do not have the evidence to prove negligence on someone else’s part, you can file a claim under the Longshore and Harbor Workers’ Compensation Act, outlined in 33 United States Code § 901. Here, our maritime wrongful death lawyers in Houston can seek death benefits if we can prove that the fatality was job-related.
Legal Challenges in a Maritime Wrongful Death Case
Maritime wrongful death cases involve complex legal challenges that make pursuing compensation particularly difficult. One major challenge is determining which laws apply, as cases may involve the Jones Act, DOHSA, and general maritime law, each with different eligibility requirements and damage limits. Jurisdiction can also be complicated because incidents often occur in international waters or far from shore.
Establishing negligence is another hurdle, requiring extensive investigation into vessel maintenance, crew training, safety protocols, and weather conditions. Collecting evidence can be difficult due to the remote location of accidents and the reliance on vessel logs, expert testimony, and witness accounts. Additionally, defendants, such as shipping companies or vessel owners, often have experienced maritime attorneys and may contest liability aggressively.
Calculating damages adds another layer of complexity, as families may seek compensation for lost financial support, medical expenses, and loss of companionship. Navigating these challenges requires a wrongful death lawyer experienced in maritime law to protect Houston victims’ families.
Contact a Maritime Wrongful Death Attorney in Houston
Losing a loved one in a maritime accident is devastating. At Williams Hart & Boundas, an experienced Houston maritime wrongful death lawyer can fight to secure the compensation your family deserves. We navigate complex laws, investigate accidents thoroughly, and handle all communications with insurance companies and responsible parties. Reach out to Williams Hart & Boundas today for a free consultation.