Vessel sinkings are among the most tragic outcomes of unsafe equipment, poor handling, or dangerous weather. Severe injuries and fatalities are very common after these types of accidents, and survivors are often left wondering what to do next. The team of maritime attorneys at BoatLaw, LLP can help family members left behind seek justice after a vessel sinking.
The team at BoatLaw, LLP combines an unmatched knowledge of maritime law with a passion for serving victims of boating accidents and injuries. Attorneys Nick Neidzwski and Douglas Williams have represented injured maritime workers, injured passengers, and grieving families in the wake of tragedy. Call us at 1-800-BOATLAW to discuss your next steps.
Understanding Wrongful Death in a Maritime Context
The term wrongful death refers to the death of a person caused by another person’s negligence or malice; it does not apply to deaths from natural causes or unavoidable accidents. In the context of maritime law, wrongful death cases generally point to boat owners or employers as negligent parties.
For example, consider a sinking after an unexpected storm sweeps in and capsizes the vessel. In this scenario, there may not be any negligent party—just unfortunate circumstances caused by unpredictable weather. On the other hand, imagine a sinking that occurs in a storm that was predicted by weather forecasters days in advance. Local maritime authorities put out notices to stay on shore due to dangerous conditions, but the vessel owner pushed ahead anyway. In this case, the vessel owner’s choice to sail in knowingly unsafe waters may count as negligence, and a maritime lawyer may help victims’ loved ones seek compensation.
Common Causes of Vessel Sinking and Why They Matter
Vessel sinkings attorneys often focus on pinpointing the cause of the sinking early in their investigation. This is because the cause of the sinking often determines whether or not there is a wrongful death case. Many sinkings are preventable, traced back to human error or avoidable equipment failure. Misjudgment by a captain, insufficient crew training, or failure to anticipate fluctuations in weather conditions are all common sources of human error. Equipment failure caused by inadequate maintenance or a failure to inspect the vessel properly is also caused by human error. Issues like inadequate safety training, not enough life jackets, or a failure to conduct safety drills can also lead to sinkings.
Who Can File a Claim?
A lot depends on whether your case falls under California state law or federal maritime law, which is why it’s important to choose a vessel sinkings law firm that can handle both. In California, the decedent’s surviving spouse, children, dependent minors in the same household, parents, and other heirs can file a claim—listed here from highest to lowest priority. Under federal maritime law, where wrongful death claims are handled by the Death on the High Seas Act, the personal representative of the decedent can file suit. Compensation may be paid to the decedent’s spouse, child, parent, or other dependent relative.
Compensation That May Be Available
The Death on the High Seas Act allows beneficiaries to seek compensation for pecuniary loss, or the loss of wages suffered by the family due to the death of their loved one. The law now also allows loved ones to seek compensation for the loss of care and companionship caused by the decedent’s death.
State vs. Federal Maritime Law
A big part of a claim is figuring out whether it falls under state law or federal law. Vessel sinkings law firms can help you navigate maritime-related claims in state court as well as those that fall under federal maritime law. If the decedent’s passing occurred more than three nautical miles from the shore, you may seek compensation under the Death on the High Seas Act. If the death occurred less than three nautical miles from shore, your claim may fall under California state law.
If the decedent was a maritime worker and their death was the result of an employer’s negligence, you may also be able to pursue compensation under the Jones Act.
Explore Your Legal Options With BoatLaw, LLP
Our team of maritime attorneys is here to support and guide you during this difficult time. Let’s talk more about your next steps. Call us at 1-800-BOATLAW or reach out online now.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
