Part 2 - Death Claims

Jones Act Death Claims 

When a death occurs at sea, there are four basic theories of recovery to consider.  They are the laws of the adjoining state, the Death on the High Seas Act[17], the Jones Act, and general maritime law.  When a seaman dies while in service to a vessel, his remedies are limited to the Jones Act and the Death on the High Seas Act.  The Death on the High Seas Act applies to deaths that occur more than 3 nautical miles from shore.  The Jones Act provides for wrongful death benefits to the family of a seaman who dies as a result of the negligence, or imputed negligence of his employer. 

Benefits from a Jones Act death claim are available to the surviving spouse, children or other dependent relatives.  The Jones Act death claim provides for recovery of damages based on pecuniary loss.  These damages may include loss of future earnings, the value of services that would have been provided by the decedent, as well as the value of lost inheritance, and parental guidance, care and support.  The executor or personal representative of the decedent’s estate may bring a Jones Act claim for the seaman’s pre-death conscious pain and suffering. 

If a seaman pursues a Jones Act claim against his employer for injuries sustained as a result of the employer’s negligence, and during the pendency of the claim he dies as a result of the injuries sustained, the executor of the estate will step into the shoes of the decedent to recover for the benefits he was entitled to receive under his claim.  Additionally, the surviving family members may enter the action at that time to pursue the wrongful death claim.  In the event of a seaman’s death, The Jones Act death claim is only pursued against the seaman’s employer, and is the exclusive remedy available for recovery from the employer.   

If a dangerous product or the negligence of a third party, other than his employer, contributes to or causes the death of a seaman, the seaman’s representative may pursue an action against the liable third party under the General Maritime Law of the United States.