Welcome to the Ehline Law Firm’s wrongful death at sea page. Cruise ship companies have lobbied Congress for years to keep themselves from being held to the same standards that a land based company is held. Did you lose a loved one at sea and feel like you hit a brick wall when seeking answers as to how and why?
You are not alone. Let the Bulldogs at Ehline Law help you as we help others in your situation. Ehline has lobbied Congress on behalf of the American people. He has done so jointly with International Cruise Victims (“ICV”) for tougher standards and in court to keep them honest.
Our cruise ship wrongful death attorneys have a proven track record for fighting these big multi-national corporations on behalf of mourning families. Call now at (888) 400-9721.
Table of Contents:
Passenger Death on a Cruise Ship.
The Ehline Law firm is experienced in assisting families, spouses and dependent relatives of tourists who have been fatally injured or lost at sea, or on land. When there has been a demise of a loved one considering a wrongful death lawsuit is a means of recovering damages for loss of a wage earner, love and affection.
The family or spouse that has lost a mom, dad, grandma, grandpa, or sibling, has suffered one of the darkest chapters in their lives. Ehline Law Firm is an experienced attorney in wrongful death claims. So hiring us means the family can now begin to heal from their loss.
Ehline Law can assist in evaluating what legal options are best to pursue when you are ready to discuss the killing of a loved one on the high seas. The Jones Act may apply for the person that suffered a death at sea; the damages that can be recovered depend on many factors.
The statute allows in some cases for the spouse, parents or children to the mariner’s Jones Act rights in recovering damages.
The Death on the High Seas Act does not allow recovery of non-pecuniary damages from the employer. First and foremost, these include loss of companionship or consortium. But the lawyer must know what law applies to deaths outside the territorial waters of the United States.
At any rate, a death that occurs within the territorial sea of the United States has more general damages than for a wrongful death outside those waters. Get it so far?
So in some cases, the claim can establish an alleged case against the vessel owner. In other situations, the application will remain solely with the employer. Either way, a case will always exist for a ship not seaworthy. Deaths occurring in the United States territorial waters can include damages for loss of society or consortium. And this can make a difference in recovery.
There are other types of wrongful death claims that do not involve working seamen. Depending on the circumstances these may involve long-shore or terminal workers, passenger cruises, ferry accidents and fatal boating accidents. In other words, anything touching the water can fall under these laws.
As a matter of fact, some fresh water accident cases fall under the federal maritime law. So such cases may include jet ski fatalities. Accordingly, there are determining factors as to whether these accidents fall under the scope of this law.
- State Statutes.
Sometimes the claim should be filed under the state wrongful death statute. But this takes the experience of a maritime wrongful death attorney. So you can rely upon them to collect the evidence and make the proper case.
The Jones Act.
All things considered, the Jones Act helps to protect merchant mariners and working seamen. Its object is to assist them in recovering damages. But it also allows for other types of recovery. Examples of covered items include mishaps and illness, while employed by the sea vessel owners.
When more information about the advantages of the Jones Act is required, contact Ehline Law Firm. For this reason, this remains the first step in assisting the crew.
The Act Gives Employees Right Like their Land Based Counterparts.
The Jones Act protects seamen, providing them with the benefits that a land-based employee would have when injured. These land-based employees have worker’s compensation, temporary or permanent disability after an accident or negligence on the job.
Seamen have the Jones Act protecting them to provide damages for negligence on the owner’s part, the master or even fellow crew-members. Also, un-seaworthy vessel injuries mean the ship’s owner remains liable.
Certain conditions considered negligent:
- The owner failing to properly hire, train or staff the ship.
- Lack of proper equipment, protective clothing, and gear for the job.
- Not enforcing safety practices, or removing safety parts on machinery.
- Lack of proper maintenance on the vessel or the equipment.
- Working in dangerous weather conditions including heavy seas.
A un-sea worthy vessel includes:
- Slippery surfaces or un-maintained decks, gangways and passageways.
- Work that is dangerous, or overwork and excessive lifting.
- An under-manned or untrained crew.
- Improper storage of wires, cables, and lines.
- Poorly maintained or loose rails, hulls, and bulkheads.
- Badly maintained emergency response equipment and lifeboats.
- Insufficient lifeboats for the crewmembers.
By and large, the mariner’s attorneys at the Ehline Law firm have the experience to understand the complex laws. In fact, they can provide protection for the seamen fatally injured, or hurt passengers. Experienced onboard ship injuries lawyer await for your call.
No doubt, this will involve laws from the Jones Act. Extermination of a life on the high seas will usually mean the Death on the High Seas Act applies.
Ehline Law Firm is aggressive in handling these type of cases. Also, they are able to take the facts from the client or their family of the incident. Afterward, they can use their experience and knowledge to build a case and strategy. From here on they can work to recover the damages the victims deserve under the law.