Sadly, even in the modern era, vessels are sometimes lost at sea. The Coast Guard, ABS, and other industry safety standards are in place to prevent the unfathomable from occurring, but shipwrecks can still happen.
You may have lost a loved one at sea due to a vessel sinking, or you may have survived a vessel sinking, but suffered physical and psychological injuries as a result of the incident. These injuries can result in lost wages, loss of ability to work, and steep hospital bills. While a vessel sinking can be due only to unforeseen circumstances, human error can also be a factor. If you were injured in a shipwreck or lost a loved one due to a vessel sinking, you deserve justice.
Washington, California, Alaska & Oregon Vessel Sinking Attorneys
The attorneys at BoatLaw, LLP have handled a number claims arising from vessel sinkings in Alaska, Washington, California and Oregon. We will fight for you to obtain just compensation if a loved one died due to a shipwreck or if you have suffered injuries due to a vessel sinking, whether the vessel was a fishing vessel, cruise ship, or commercial or pleasure boat. We have recovered millions on behalf of the victims of vessel sinkings, both for accident survivors and for the families of victims. We will fight to do the same for you. Call us today at 1-800-262-8529 to set up a free consultation to discuss the details of your case with our experienced shipwreck attorneys.
We represent victims of vessel sinkings and their families in state and federal courts throughout the Pacific Northwest, including in Washington, Oregon, California, and Alaska. We maintain offices in Bellingham and Seattle, Washington, Los Angeles and San Francisco, California, and Portland, Oregon.
Vessel Sinking Information Center
Causes of Vessel Sinkings
There are many reasons why a vessel may sink, including:
- Faulty design
- Poor construction
- Negligent or deferred maintenance
- Collisions from failure to follow “Rules of the Road”
- Allisions
- Navigational errors
- Storms, hurricanes, typhoons, rogue waves, and the failure to heed warnings of these natural phenomena
- Overloading
- Failure to maintain a lookout
Shipwrecks often result from a combination of these factors, as well as others. After a vessel sinks, the Coast Guard and the vessel owner’s insurers will investigate to determine the causes. These findings will usually be confidential, so you will need an admiralty lawyer to investigate on your behalf, sooner rather than later. If the ship owner or employer was at fault, they should be, and often can be, held liable for your damages.
Safety Measures on Ships
Because of the inherent risks associated with plying the oceans’ waters, ship owners are required to outfit their ships with appropriate safety gear, like lifeboats, life jackets, fire extinguishers, EPIRBS, survival suits, and other life-saving equipment. For compliance with Coast Guard regulations, crew members are required to perform monthly drills to prepare for a fire or flooding that can cause a vessel to sink.
If a ship is not sufficiently prepared for an emergency at sea, the results can be tragic. If you suffered injuries or you lost a loved one because a ship did not comply with industry standards or Coast Guard safety regulations, you deserve justice.
Wrongful Death Claims Due to Vessel Sinking
If your loved one went down with a ship, you may have a right of recovery, whether your loved one was a crew member, officer, or passenger on the vessel. Federal statutes like the Jones Act and Death on the High Seas Act (or “DOHSA”) and maritime common law provide paths to recovery.
In vessel sinking cases—where most of the evidence lies on the bottom of the sea—the plaintiff only has the burden to show that negligence or unseaworthiness reasonably could have caused the shipwreck, not that it necessarily did. This burden was succinctly described by Judge Beeks (formerly of the Western District of Washington bench) in the case of In re DEEP SEA as follows:
“The law, however, provides claimants faced with such an onerous burden some relief. Where claimants establish negligence or unseaworthiness on the one hand and there is an unexplained loss of a vessel in expectable weather on the other, the court is permitted, although not required, to infer that the negligence or unseaworthiness was the proximate cause of the loss. Claimants’ burden is, therefore, reduced to establishing negligence or unseaworthiness, which reasonably, though not necessarily, may have been the cause of the loss.”
Once your attorneys establish fault on the part of the vessel owner or employer, the surviving members of the decedent’s family may recover monetary damages. Types of damages that may be recoverable are loss of consortium and pecuniary damages. Consortium is a legal term for the intangible harm caused by the death of a family member or spouse. Pecuniary damages cover the late loved one’s wages, funeral expenses, and more.
Finally, the family may recover for the pre-death pain, suffering, and fear of impending death experienced during their loved one’s final minutes.
If your loved one died at sea, the ship owner or employer’s insurance company may offer you a settlement. They may tell you it is the best offer you will receive, but the insurance company is only looking out for its bottom line. A maritime injury lawyer can negotiate a higher settlement or take them to court to get the best result possible.
BOATLAW, LLP | Washington, Oregon, California & Alaska Shipwreck Law Firm
If you survived a vessel sinking, or you have lost a loved one in a vessel sinking, the experienced maritime lawyers at BoatLaw, LLP can help you fight for the justice you deserve. Call us today at 1-800-262-8529 for a free consultation.
