Can families file wrongful death claims under the Jones Act?

Legal basis for Jones Act wrongful death claims

The Jones Act allows wrongful death claims when a seaman's death results from employer negligence or vessel unseaworthiness. This wrongful death remedy derives from the broader framework created by the Federal Employers' Liability Act (FELA), which the Jones Act incorporates for maritime workers. Courts allow wrongful death actions under the Jones Act for any seaman who would have qualified to bring a Jones Act negligence claim had they survived.

Who can pursue Jones Act wrongful death claims?

The lawsuit itself must be filed by the estate's personal representative rather than by family members directly. Eligible survivors who benefit from the claim include surviving spouses, children, dependent parents, and, in some cases, dependent siblings. A personal representative seeks compensation on behalf of these beneficiaries.

Damages available in wrongful death cases

Wrongful death claims under the Jones Act cover both economic and non-economic losses suffered by families. There are several types of damages that are recoverable, including:

• Funeral and burial expenses
• Lost financial support, including past and future wages the deceased would have earned
• Employment benefits and pension contributions the family lost
• Value of household services the deceased would have provided
• Pre-death pain and suffering the seaman endured before dying
• Loss of companionship, society, and parental guidance for surviving family members

Punitive damages apply when employer conduct demonstrates willful or gross negligence. Families can recover full compensation based on the impact of their losses because Jones Act damage awards have no statutory caps.

Negligence standard and proof requirements

Jones Act wrongful death claims use the same featherweight negligence standard that applies to injury cases. Families must prove that employer negligence played any part, even a minimal one, in causing the death. As a result of this relaxed causation standard, it is easier to establish liability than in other types of wrongful death cases.

Interaction with the Death on the High Seas Act

The Jones Act overlaps with the Death on the High Seas Act (DOHSA) when deaths occur more than three nautical miles offshore. In these circumstances, families may file Jones Act claims; however, DOHSA may limit recoverable damages to pecuniary losses rather than the broader damages allowed by the Jones Act. Despite the DOHSA's addition of coverage for offshore deaths, the Jones Act provides the exclusive remedy against employers, excluding state wrongful death laws.

ELG Law can help file a Jones Act worngful death claim

We have years of experience representing families of seamen who died from injuries sustained in maritime accidents caused by employer negligence or unsafe vessel conditions. Jones Act wrongful death claims provide families with legal recourse and financial compensation during devastating losses, but they require proving negligence and calculating complex damages. Get in touch with Environmental Litigation Group, P.C. today to discuss your loved one's death and how our attorneys can help your family pursue the full compensation available under the Jones Act.