Unfortunately, a time of relaxation on a cruise ship vacation can go far wrong.
Suppose you have lost a loved one due to an accident that occurred on or because of a cruise ship. In that case, you need skilled legal representation from a maritime wrongful death attorney with expertise in maritime law to help you seek restitution.
We understand the pain that you are experiencing, and we are committed to helping you achieve justice on behalf of your loved one. Importantly, recovered damages can help to provide for surviving family members, spouses and children.
Understanding Maritime Wrongful Death Claims
Maritime wrongful deaths are deeply tragic events that leave families devastated and searching for answers. When a loved one is lost due to negligence or unseaworthy conditions aboard a vessel, it’s crucial to seek legal guidance from a maritime wrongful death lawyer.
The Law Offices of Charles D. Naylor specialize in representing families affected by these tragedies, providing compassionate and experienced legal representation.
What Are Maritime Law Death Claims?
Maritime law governs incidents on navigable waters, including deaths caused by accidents on cruise ships, commercial vessels, or during naval work. Maritime wrongful death claims arise when negligence, unseaworthy conditions, or reckless behavior leads to a fatal accident.
Two primary laws often apply to these claims:
The Death on the High Seas Act (DOHSA)
This federal law allows families to seek compensation for deaths beyond three nautical miles from U.S. shores. Learn more about this law on our Death on the High Seas Act page.General Maritime Law
General maritime law provides broader protections, including survival actions, allowing the deceased’s estate to pursue compensation for pain and suffering before death.Maritime Wrongful Death Suits
Wrongful death suits are often hollow in that they will not bring back a loved one or return things to the way they were before. They are, however, the only means by which the law allows reparation for non-criminal causes of death.
At the Law Offices of Charles D. Naylor, we understand the deep intricacies of maritime law and can guide you through the avenues needed to seek restitution. Our wrongful death lawyers are highly successful in these cases and have brought wrongful death suits over $50 million for a single case, including punitive damages.
Wrongful death generally means a lawsuit is filed by a wrongful death lawyer when the wrongful conduct of a person or entity results in the death of another person. This can include premises liability, trucking disasters, and dangerous products. A wrongful death action allows surviving family members to bring a lawsuit for the wrongful actions.
Various types of monetary damages may be recovered in a wrongful death action after careful assessment of the merits of the case and the potential damages, including loss of companionship, sorrow, and grief, that may be sought in such an action. In some cases, punitive damages are available, which are meant to punish a defendant for intentional or egregious conduct.
In 2007, the Law Offices of Charles D. Naylor successfully brought a wrongful death lawsuit to trial against DaimlerChrysler for the wrongful death of a longshore worker, resulting in a jury verdict of over $50 million including punitive damages and $24 million final settlement.
How Our Maritime Wrongful Death Lawyers Prove Liability
Proving liability in maritime wrongful death cases involves a thorough understanding of maritime law and a detailed investigation. At the Law Offices of Charles D. Naylor, our attorneys:
Investigate the Cause of Death:
We examine evidence, interview witnesses, and consult with maritime experts.
Establish Negligence:
We identify acts of negligence, such as failure to maintain safety protocols or reckless operation of a vessel.
Prove Unseaworthiness:
If a vessel is not reasonably safe, its owner may be held liable.
California Lawyers Helping Families of Wrongful Death Victims
At The Law Offices of Charles D. Naylor, we understand the emotional and financial toll of losing a loved one in a maritime accident. Our compassionate and experienced wrongful death attorneys are dedicated to helping families obtain justice and compensation.
Client Testimonials
The Law Offices of Charles D. Naylor understand that losing a loved one in a maritime accident is a devastating experience. We are committed to providing compassionate and effective legal representation to help families navigate this difficult time and achieve justice.
Here’s what some of our satisfied clients have to say about their experience with our maritime wrongful death practice:
“I was initially hesitant to hire a lawyer, but I’m so glad I chose Naylor Law. They were able to get me a much better settlement than I could have negotiated on my own.”
Let Us Help You
If you’ve lost a loved one in a maritime accident, we understand you may have questions and need guidance. The Law Offices of Charles D. Naylor offers a free consultation to discuss your case and explain your legal options. Contact us today at 888-603-5302 or fill out our online case review form.
The Emotional and Financial Impact of Maritime Wrongful Deaths
Maritime wrongful deaths often leave families with profound grief and financial instability. Surviving loved ones face:
Emotional Distress:
Loss of companionship and support.
Financial Hardship:
Lost income, medical bills, and funeral expenses.
Legal Challenges:
Navigating complex maritime laws while mourning a loved one.
At the Law Offices of Charles D. Naylor, we strive to ease these burdens by advocating for the justice and compensation you deserve. Visit our Testimonials page to hear how we’ve helped other families.
Remember. Insurance Companies Work for Profit. Not For You
Insurance companies often attempt to minimize payouts, even in tragic cases. It’s critical to have a knowledgeable maritime wrongful death attorney advocating for your best interests. At the Law Offices of Charles D. Naylor, we fight tirelessly to ensure families receive the compensation they deserve.
Damages Available
While no amount of compensation can replace a loved one, wrongful death claims provide financial relief to surviving families. Recoverable damages may include:
Loss of Support:
Financial contributions the deceased would have provided.
Funeral Expenses:
Costs associated with burial or cremation.
Loss of Inheritance:
Future financial benefits the family could have expected.
Loss of Companionship:
Emotional and relational support.
Punitive Damages:
In cases of egregious negligence, courts may award damages to punish wrongdoers.
Our attorneys have successfully secured significant settlements, including a $50 million verdict for a wrongful death case. Explore our Verdicts and Settlements for more examples.
Exclusions and Limitations
While maritime law provides avenues for justice, some restrictions may apply:
Contributory Negligence:
Compensation may be reduced if the deceased’s actions contributed to the accident.
Limited Damages under DOHSA:
DOHSA restricts recoverable damages to financial losses, excluding emotional suffering.
Jurisdictional Complexities:
Determining which laws apply can complicate cases.
Our team can help you navigate these challenges to maximize your compensation. Learn more about these limitations on our maritime wrongful death page.
Common Causes of Maritime Wrongful Deaths
Maritime fatalities result from various preventable incidents, including:
Unsafe Working Conditions:
Lack of safety equipment, poorly maintained vessels, or inadequate training.
Collisions at Sea:
Vessel collisions due to negligence or reckless navigation.
Overboard Accidents:
Insufficient railings, poor weather conditions, or failure to follow safety protocols.
Mechanical Failures:
Defective engines, equipment malfunctions, or lack of maintenance.
Understanding the incident’s root cause is essential for pursuing justice and compensation.
Why Work with the Law Offices of Charles D. Naylor?
Choosing the right maritime wrongful death lawyer can make a significant difference in the outcome of your case. Here’s why families trust us:
Proven Track Record:
Over $50 million was recovered in wrongful death cases.
Comprehensive Expertise:
Decades of experience handling maritime claims, including those under the DOHSA and general maritime law.
Compassionate Advocacy:
We understand the emotional toll of losing a loved one and provide personalized support throughout the legal process.
Nationwide Representation:
While based in Los Angeles, we represent clients across the United States.
Explore our About Us page to learn more about our commitment to clients.
How Families Can Protect Their Rights After a Maritime Wrongful Death
After losing a loved one, it’s critical to take the following steps:
- Document Evidence: Collect any available reports, photos, or witness accounts.
- Consult an Attorney: Speak with an experienced maritime wrongful death lawyer immediately.
- Avoid Settling Quickly: Insurance companies may offer inadequate settlements to close the case swiftly.
- File Timely Claims: Adhere to legal deadlines to preserve your right to compensation.
Our Free Case Review form makes it easy to start your case evaluation today.
How Does an Unseaworthiness Wrongful Death Claim Differ from the Death on the High Seas Act?
Unseaworthiness claims arise when a vessel’s unsafe conditions cause injury or death. These claims fall under general maritime law and may coexist with DOHSA claims. Key differences include:
Location:
DOHSA applies to deaths beyond three nautical miles from shore, while unseaworthiness claims can occur anywhere on navigable waters.
Damages:
Unseaworthiness claims may allow recovery for non-pecuniary losses like pain and suffering.
Contact a Los Angeles Maritime Wrongful Death Attorney
Although we are located in Los Angeles, California, we are prepared to present cases nationwide, including in Miami, Seattle, and Houston.
We provide free initial consultations to discuss your case and understand the circumstances that frame the tragedy.
To arrange a free and confidential case review with a wrongful death attorney, please call us today toll-free at 888-603-5302. You can also contact us via our free and confidential case review form on this page. We will follow up with you directly.
Maritime Wrongful Death Frequently Asked Questions
1. What is a maritime wrongful death claim?
A maritime wrongful death claim is a legal action brought by the surviving family members of a person who died as a result of a naval accident. This type of claim is governed by maritime law, a complex body of laws that applies to accidents and injuries that occur on or near navigable waters.
2. Who can file a maritime wrongful death claim?
The specific individuals who can file a maritime wrongful death claim vary depending on the jurisdiction and the applicable laws. Generally, eligible claimants may include:
- The deceased person’s spouse
- Children
- Parents
- Other dependent relatives
3. What types of damages can be recovered in a maritime wrongful death claim?
In a successful maritime wrongful death claim, the surviving family members may be able to recover damages for:
- Loss of financial support: This includes the loss of income and other financial benefits that the deceased person would have provided.
- Loss of consortium: This refers to the loss of companionship, love, affection, and support from the deceased person.
- Pain and suffering: This compensates for the emotional distress and mental anguish suffered by the surviving family members.
- Funeral and burial expenses: This covers the costs associated with the funeral and burial of the deceased.
4. What is the statute of limitations for a maritime wrongful death claim?
The statute of limitations for a maritime wrongful death claim can vary depending on the specific jurisdiction. It is important to consult with an attorney as soon as possible to ensure that your claim is filed within the applicable time frame.
5. How can a maritime wrongful death attorney help me?
A maritime wrongful death attorney can help you by:
- Investigating the accident to determine the cause and identify all responsible parties.
- Gathering evidence to support your claim, such as medical records, police reports, and witness statements.
- Negotiating with insurance companies to secure a fair settlement.
- Filing a lawsuit if necessary and representing you in court.
- Maximizing your compensation by pursuing all available damages.
