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Madalon Law

Madalon Law

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MARITIME LAW AND WRONGFUL DEATH

WRONGFUL DEATH LAW AND MARITIME

The loss of a loved one is a devastating experience. It can have a huge emotional and financial impact on a family. In the wake of a death, there can be many questions left without answers. One of those questions may be who is responsible and if there might be any legal recourse for those involved. When a death occurs on or around the shore, several laws may come into play. In these instances, the sea vessel’s location is critical to the claim. An attorney knowledgeable in maritime law is essential to help a family determine their course of action and which laws may apply to their unique situation.

MARITIME DEATH WITHIN THREE MILES FROM THE U.S. SHORELINE

If a death occurs within 3 nautical miles of the shore, wrongful death laws may apply for either sea passengers or maritime workers. They will also apply to deaths inside U.S. territory waters. If the maritime worker’s death is deemed a result of the vessel owner or employer’s negligence and is within 3 miles of the U.S. shoreline, the Jones Act may also apply in these situations. This can be filed at the same time as a wrongful death claim.

MARITIME DEATH OUTSIDE THREE MILES FROM THE U.S. SHORELINE

Another law to consider is the Death on the High Seas Act (DOHSA). This law applies to both passengers and employees on a vessel who perished in an accident that occurred more than 3 miles from the U.S. shoreline. The DOHSA alone can be very limiting. Under this federal law, the family members of the deceased may only be entitled to “pecuniary” damages. This means that only things that could be assigned a dollar value would be covered. Therefore, emotional damages and loss of companionship would not apply. Additionally, any lawsuit filed under the DOHSA must be brought within three years of the death.

Despite the limitations, a knowledgeable attorney will be able to determine if further claims could be made in each case. They will also be able to help determine whether to bring claims under maritime wrongful death laws or under the DOHSA.

WHEN THE LAW DOES NOT CONSIDER A WORKER A SEAMAN

What happens if your loved one didn’t work on a sea vessel but is employed in a related area? These may include crane operators, welders, cargo handlers, or those that work on the shore. In the case of a wrongful death of one of these types of employees, The Longshore and Harbor Worker’s Compensation Act may apply. The family of the deceased may be entitled to certain death benefits based on a portion of the victim’s earnings.

In the event of death, whether on sea or on the shore, it is of the utmost importance that the family of the deceased contact a qualified attorney. A maritime attorney is vital in helping the family decide the best course of action and which laws may apply to their case.

If you have a loved one or know someone who has a loved one who perished at sea or while working in a sea related occupation, contact one of our maritime lawyers at Madalon Law. We fight for the rights of the injured in Florida, Texas, Louisiana, Mississippi and Alabama.

Areas of Practice

Amusement Park Accidents

Aviation Accidents

Bar and Nightclub Fights

Bicycle Accidents

Birth Injury

Boating and Cruise Ship Accidents

Burn Injuries

Bus Accidents

Car Accidents

Construction Accidents

Head and Brain Injury

Horse Riding Accident

Maritime and Cruise Ship

Medical Malpractice

Motorcycle Accidents

Negligent and/or Inadequate Security

Nursing Home Abuse and/or Negligence

Pedestrian Accident

Premises Liability

Product Liability

Resort/Vacation Injuries

Sexual Harassment

Slip and Fall

Spinal Cord Injury

Swimming Pool Accidents

Theme Park Injuries

Truck Accidents

Wrongful Death

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Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Phone: (954) 923-0072
Toll Free: (877) 486-2883
Fax: (954) 923-0074

West Palm Beach

By Appt. Only
515 N Flagler Dr Suite P-300
West Palm Beach, FL 33401
Phone: (561)-243-1003
Toll Free: (877) 486-2883
Fax: (954) 923-0074

Miami

By Appt. Only
150 SE 2nd Ave, Suite 300
Miami FL 33131
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
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We serve the following localities:
BROWARD COUNTY including Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Plantation, Coral Springs, Davie, Sunrise, Weston, Deerfield Beach and Miramar;
MIAMI-DADE COUNTY including Coral Gables, Cutler Bay, Doral, Hialeah, Homestead, Kendall West, Miami, Tamiami, The Hammocks, and Westchester;
PALM BEACH COUNTY including Belle Glade, Lake Worth, and West Palm Beach;
ORANGE COUNTY including Orlando and Winter Park;
OSCEOLA COUNTY including Kissimmee, Poinciana, and St. Cloud.
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