HOUSTON Maritime
Injury LAWYER

What laws may govern maritime injury cases?

Depending on where the accident occurred and other details, different laws may apply to your specific case. For example, your case may fall under the Death of the High Seas Act (DOHSA), the Jones Act, the Longshore and Harbor Workers Compensation Act, or general maritime law. Your maritime lawyer will be able to advise you regarding the specific laws governing your case.

The Death on the High Seas Act of 1920 deals with the recovery of damages suffered by the family members of a maritime worker killed in international waters. The Jones Act allows seamen to seek damages from employers whose negligence caused their injuries and damages – families may also pursue compensation under the Jones Act in the event of wrongful death.

Eligibility to file a claim under the Jones Act depends on whether the injured worker is a seaman. Typically, a worker who spends more than 30 percent of his time on a vessel in navigation will be qualified as a seaman under the Jones Act.

What kinds of compensation may I collect in a maritime injury case?

Accidents at sea can be severe and may require prolonged recovery periods. During this recovery time, it may not be possible to maintain your employment and there can be many costs associated with the injury. Some of these expenses and losses may include:

• loss of wages;
• temporary or total loss of earning capacity;
• medical expenses;
• rehabilitation expenses;
• funeral expenses; and
• pain and suffering.

Under the Death on the High Seas Act, survivors may only recover pecuniary damages – not pain and suffering prior to the seaman’s death. Under the DOHSA, survivors may recover damages pertaining to loss of support (e.g., loss of income), services, guidance and instruction (for children of deceased seamen), and funeral expenses if the survivors paid for the funeral costs.

Under the Jones Act, families may be able to recover pre-death pain and suffering damages, as well as other damages similar to those mentioned above.

Consult an attorney who can clarify not only which law may cover your injuries, but the types of damages you may be eligible to recover. This depends on the law under which you file and the circumstances of your case.