If your loved one suffered fatal injuries while working offshore, a Metairie Jones Act maritime accident wrongful death lawyer from our team can help your family fight for the compensation you need and deserve. We understand how difficult this is for your family. Let us handle your legal case while you grieve.
When you choose to work with a Metairie Jones Act maritime accident lawyer from Poolson | Oden Injury Lawyers, you have more than 80 years of combined experience on your side. We know how to fight for fair compensation and win. We have $30+ million recovered in the last five years alone. Contact us today for a free, confidential consultation.
How Our Metairie Jones Act Lawyers Approach Your Wrongful Death Case
At Poolson | Oden, this is Our Promise to You: We will put your family’s future first. You can count on our team to do the necessary prep work to investigate and research the cause of the accident, evaluate all available Courts to file your case, and fight to get top dollar for you and your family.
We have a full team that works on every case and helps us secure settlements, judgments, and verdicts for our clients. We take on cases that most workplace injury attorneys refuse. We have the necessary experience with the Jones Act and other related federal laws to not only develop compelling cases but win them.
We are a contingency fee law firm, meaning you do not have to pay anything to our firm out-of-pocket. We do not receive a fee unless we win your case, and we only get paid after you get paid. These cases require a lot of resources, and you do not need to pay anything upfront for our services. We only get paid from the money we secure for your family in your case. Everyone deserves justice regardless of their financial situation.
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What Damages Could Be Available in a Metairie Jones Act Maritime Wrongful Death Claim?
Under the Jones Act, families of seamen and other offshore workers who suffer fatal on-the-job injuries can recover damages based on their documented expenses and losses. Our attorneys work to gather paperwork and other evidence to show the damages incurred. Some common types of damages in wrongful death Jones Act claims include:
- Loss of Financial Support: Money for the income the victim would have provided had they survived and continued working
- Loss of Household Services: Money to pay for the services the victim contributed to the family, such as lawn care, childcare, and other tasks
- Loss of Intangible Support: Money for the emotional support provided by the victim, such as care and guidance
- Medical Expenses: Medical treatment the victim received before death
- Evacuation Costs: Expenses related to evacuating the victim from their offshore vessel or rig, if necessary
- Funeral and Burial Costs: The victim’s final expenses
- Pain and Suffering of the Deceased: Compensation for any conscious pain and suffering the victim endured before their death
It is important to note that the Jones Act does not generally allow families to recover compensation for their own grief, emotional distress, or other suffering as a result of their loved one’s death. However, other laws, like the Death on the High Seas Act (DOHSA), may apply depending on where the accident occurred.
The Death on the High Seas Act (DOHSA) is a federal maritime law that governs wrongful death claims arising from certain incidents at sea. Here’s when and how it applies:
Geographic Requirement
- DOHSA applies only when a maritime death occurs more than three nautical miles from the shores of the United States.
- “High seas” is defined as any location past the three-nautical-mile boundary, making DOHSA inapplicable to deaths occurring within territorial waters (inside three nautical miles), which fall under state laws or other maritime statutes such as the Jones Act.
Cause of Death
- The death must result from a wrongful act, neglect, or default—this encompasses negligence, unseaworthy vessel conditions, or similar failures.
Eligible Parties
- DOHSA claims may be brought by the personal representative of the decedent for the exclusive benefit of their surviving spouse, children, parents, or dependent relatives.
Who Is Covered
- Not limited to seamen: DOHSA can apply to crew, passengers, and even deaths from qualifying aircraft incidents over international waters (aviation accidents are covered if they occur more than 12 nautical miles from U.S. shores).
Types of Damages
- Only pecuniary (economic) damages are recoverable—such as loss of financial support, funeral expenses (in some courts), and loss of inheritance.
- Non-economic damages (pain and suffering, loss of consortium) are not allowed, except for some commercial aviation incidents.
Legal Priority
- Preemption: DOHSA preempts state wrongful death laws and general maritime law for deaths on the high seas.
- If an employer’s negligence is involved, a concurrent Jones Act claim might also be possible, but damages available under DOHSA remain limited to pecuniary losses for that part of the claim.
Statute of Limitations
- Claims under DOHSA must be filed within three years of the date of death (some cruise contracts may impose a shorter deadline).
Our Metairie maritime wrongful death lawyers can help you explore your legal options after your loved one’s death. We are here for your family and will fight to secure maximum compensation for you, holding the at-fault party or parties accountable.
Our Metairie Maritime Accident Wrongful Death Attorneys Understand How the Jones Act Works
The Jones Act is a critical piece of federal legislation for workers on sea-faring vessels and offshore rigs. Because they work in areas where state workers’ compensation laws generally do not apply, they generally do not qualify for these benefits if hurt at work. Instead, 46 U.S.C. § 30104, a part of the Merchant Marine Act of 1920, provides them with an option for seeking compensation for their injuries.
The Jones Act applies to workers on fishing boats, ships, barges, oil rigs, and many other types of vessels. It allows injured workers to pursue a negligence-based case against a liable party, often their employer, the boat captain, or the boat owner. When the worker passes away, their survivors can pursue compensation.
Filing a case based on the Jones Act requires strong evidence and knowledge of this law and how to handle these cases. Most workplace injury lawyers do not handle maritime accident wrongful death cases. We do. Contact us to discuss your loved one’s unfortunate death and your legal right to compensation.
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Our Metairie Jones Act Lawyers Understand How Maritime Accidents Occur
Offshore work comes with a number of challenges and risks. Employers, boat captains, and boat owners must enforce safety regulations, ensure proper training, and provide the necessary equipment to protect workers. Failure to do so could lead to catastrophic or fatal injuries.
Some ways workers on sea-faring vessels and offshore rigs suffer injuries include:
- Explosions and fires
- Equipment failures and malfunctions
- Falls from heights
- Drowning and vessel sinkings
- Crane accidents
- Caught-in/between incidents
- Toxic exposure to chemicals
- High-pressure line failures
- Collisions with other vessels or structures
- Lack of proper safety equipment or training
Our Jones Act attorneys understand how to build a case based on any of these accidents or other offshore incidents that led to your loved one’s passing. We develop strong arguments for maximum compensation for our clients.
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How Long Do I Have to File a Metairie Jones Act Maritime Accident Lawsuit for My Loved One’s Death?
The statute of limitations for Jones Act claims is set by federal law. Under 46 U.S.C. § 30106, you generally have up to three years to file your claim and begin your case against the liable party. However, building a case takes time. We encourage you to connect with our team as soon as possible for the strongest case.
Discuss Your Loved One’s Jones Act Wrongful Death With Our Metairie Team
Poolson | Oden provides free consultations for families who lost loved ones working on sea-faring vessels or offshore rigs. We can help you understand your legal options and explain how our Metairie Jones Act maritime accident wrongful death lawyer will manage the process and seek fair compensation for your family. Contact us today for a free, confidential consultation.