No one should lose a loved one in a boat accident, and such a loss can take a significant toll on you and your family. While compensation cannot replace a person, making a claim based on an accident leading to a death could help you ease the financial burdens that often come with the sudden loss of a family member.
A Louisiana maritime wrongful death lawyer could help when you have lost someone in an accident on the water. A compassionate maritime injury attorney could explain your legal options based on the specific facts of the accident and bring your claim in court.
Wrongful Death on the Water
A wrongful death action is one brought on behalf of the person who has passed away. The specifics of maritime cases are complex, but a Louisiana lawyer familiar with wrongful death actions could tell a surviving loved one where and how to file their case.
Federal maritime law takes precedence when an accident happens more than three miles from shore. Federal statutes such as the Jones Act for seamen and the Death on the High Seas Act for maritime workers will govern what compensation a family could get when they apply.
For accidents closer to shore and on state internal waterways, the family can bring their action in state court per Revised Statute § 34:804 in either the area where the accident happened or the location of the involved vessel. They can also bring their action against the vessel, asking the court to seize it to bring the owner to court or sell it to cover the wrongful death under Revised Statutes § 34:805 and 34:811.
When survivors can show the boat operator caused the death of their loved one, they will be able to get compensation. This could include the value of the deceased’s earnings and financial support to the family as well as the loss of relationship with them.
Specifics of Wrongful Death Cases
Only certain people can bring a wrongful death action since it is on behalf of the deceased instead of the person filing in court.
Those who can file are set by law and limited to a few categories based on their relationship with the deceased. Civil Code § 2315.2 lists these categories in order of priority:
- A surviving spouse or child of the deceased
- If no spouse or child, a parent
- If no spouse, child, or parent, a sibling
- If none of the above, a grandparent
The ability to bring a wrongful death action is also inheritable, so the heirs of the people in these categories can bring the same action in the case of these people also passing away.
The statute of limitations, meaning the deadline to file suit against the person responsible for the death of another, is only one year from the time of death. A Louisiana maritime wrongful death lawyer could ensure the suit is filed during this short time window. Survivors who do not file their action in time will lose the ability to get compensation through the legal system.
Discuss Your Maritime Wrongful Death Case with a Louisiana Attorney
Holding someone responsible for the death of a loved one on the water can help bring you justice and closure. A Louisiana maritime wrongful death lawyer can give you someone to hear you out and support you and your family. They could also handle the paperwork and legal proceedings, giving you more time to focus on healing.
Call today to make an appointment for a free consultation. The attorneys at Scott Vicknair do not get paid unless you get compensation, and we want to honor your loved one’s memory by helping in any way we can.
