Wrongful death claims are one of the most complex areas of maritime law. To bring a successful claim, the victim’s family must prove that the death was caused by the negligence or recklessness of another party. This can be a difficult task, as many different factors contribute to a maritime accident.

If you have lost a loved one in a maritime accident, you may be wondering if you have grounds for a wrongful death claim. According to McLeod Brock, maritime injury attorney, here is an overview of the maritime wrongful death claims process and what you need to know about Maritime wrongful death claims. 

What Is a Maritime Wrongful Death Claim?

A maritime wrongful death claim is a legal action brought by the family of a victim who died in a maritime accident. To succeed in a maritime wrongful death claim, the family must prove that the death was caused by the negligence or recklessness of another party. 

Bringing a maritime wrongful death claim can be complex, as there are often many different parties involved in a maritime accident. For example, if the accident occurred on a cruise ship, the family would need to name the cruise line, the ship’s captain, and any other relevant parties as defendants in the claim. 

What Damages Can Be Recovered in a Maritime Wrongful Death Claim?

Many different damages may be available in a maritime wrongful death claim. Some of the most common include:

• Funeral and burial expenses: The deceased’s family may be able to recover the costs of funeral and burial expenses.
• Loss of income: The deceased’s family may be able to recover the loss of income that the deceased would have earned over their lifetime.
• Loss of companionship: The deceased’s family may be able to recover damages for the loss of companionship and love.
• Pain and suffering: The deceased’s family may be able to recover damages for the pain and suffering that the deceased experienced before their death.
• Punitive damages: In some cases, the court may award punitive damages. These are designed to punish the responsible party and deter future misconduct.

It is important to note that not all of these damages may be available in every case. The available damages will depend on the facts and circumstances of each case.

Who Can Bring a Maritime Wrongful Death Claim?

In most cases, the victim’s spouse or children will be the ones who bring a maritime wrongful death claim. In some cases, however, the parents or siblings of the victim may also be able to bring a claim. 

It is important to note that there are time limits for bringing a maritime wrongful death claim. These time limits, known as statutes of limitations, vary from state to state. In some states, the family has as long as two years from the date of the victim’s death to file a claim. The time limit may be as short as six months in other states. 

What Should I Do If I Have a Maritime Wrongful Death Claim?

If you have lost a loved one in a maritime accident, you may be wondering if you have grounds for a wrongful death claim. The best way to find out is to speak with an experienced maritime lawyer. A maritime injury attorney can help you by:

• Investigating the accident to determine whether you have a claim.
• Determining who is responsible for your loved one’s death.
• Gather evidence to support your claim. 
• Calculating the damages you are entitled to recover. 
• If necessary, file a lawsuit on your behalf and represent you in court. 

Most maritime lawyers offer free initial consultations. This means that you can speak with a lawyer about your case without paying any upfront fees.

If you decide to move forward with a claim, your lawyer will likely handle all aspects of the case on your behalf. This includes filing the necessary paperwork, dealing with insurance companies, and representing you in court, if necessary. 

What Are Some Common Defenses to Maritime Wrongful Death Claims?

There are a few common defenses that maritime defendants use to try to avoid liability in wrongful death cases. These defenses include:

• The victim assumed the risk of injury: This defense typically applies to cases involving dangerous activities, such as extreme sports. 
• The victim was contributorily negligent: This defense claims that the victim was partially responsible for their death. 
• The defendant had no duty to the victim: This defense may apply if the defendant and victim were not in a contractual or another relationship. 
• An act of God caused the death: This defense may apply if the death was due to an unforeseeable natural disaster, such as a hurricane.

If you have lost a loved one in a maritime accident, you may be entitled to bring a maritime wrongful death claim. While these claims can be complex, understanding what is involved can help you decide whether or not to pursue one. If you have a claim, McLeod Brock maritime injury attorney can help you by investigating the accident, determining who is responsible, and gathering evidence to support your claim.