Wrongful Death
Biloxi, Mississippi Jones Act - Maritime Law Attorneys
The thought of taking on legal issues while grieving for a loved one can be overwhelming, but it may be the only way you and your family can stay on your feet financially and, for some, the only way to get answers and the closure that you need to move on. The location and circumstances of your loved one’s accident will determine which laws apply in your case.
Death on the High Seas Act (DOHSA)
DOHSA applies to all cases where the cause of death occurred at least three nautical miles from a U.S. shore. This applies to seamen and non-seamen, such as cruise ship passengers. It does not matter where your loved one died, but where the accident occurred that caused the death. A DOSHA claim can be brought against an employer or another responsible party.
Compensation under DOHSA can include funeral expenses and loss of:
- Financial support
- Household services
- Inheritance
- Nurturing and guidance of children
Under DOHSA you cannot be compensated for your emotional anguish, loss of consortium or other non- pecuniary damages.
Jones Act
Loved ones of a seaman whose death was caused in the course of his employment, where the employer was at fault, and when the cause of death occurred within three nautical miles of the shore, may have a wrongful death claim under the Jones Act. Wrongful death damages under the Jones Act can include the damages available under DOHSA and additional damages, called survival damages, awarded on the behalf of the deceased which include:
- Pain and suffering experienced before death
- Lost wages
- Lost future wages
- Medical expenses
Jones Act claims are only filed against employers. If there is another party responsible for your loved one’s death, you can file a wrongful death lawsuit under general maritime law.
State Wrongful Death Laws
If your loved one died in a fatal maritime accident which occurred within three nautical miles of a U.S. shore, and your loved one was not a seaman, the wrongful death laws of the adjacent state will apply in your case. State wrongful death laws do allow you to be compensated for non-pecuniary damages.
If you or a loved one is in need of legal assistance in Biloxi, Mississippi or anywhere on the Gulf Coast, please call Reeves & Mestayer, PLLC at (228) 374-5151 or toll free (877) 377-5152 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.