Jones Act Death Attorney

The personal representative of a seaman/crewmember who died may bring a wrongful death claim under the Jones Act on behalf of the surviving widow or husband and children; and, if none, then the decedent’s parents; and, if none, then the next of kin dependent upon the deceased seaman.

The Jones Act allows recovery on behalf of the decedent’s beneficiaries. Beneficiaries have been determined to include:

• Surviving spouse: A wife or husband married to the decedent at the time of death. Common law spouses (as long as their common law marriage complies with the applicable state law) have been held to be a surviving spouses. Divorced spouses, however, are not deemed to be beneficiaries.
• Children: Biological children as well as stepchildren who have suffered pecuniary losses due to the death have been held to be beneficiaries.
• Parents: Dependent parents are considered beneficiaries. Non-dependent parents, however, are not beneficiaries.
• Siblings: Siblings who are dependent on the decedent may be deemed dependents.

For wrongful death cases under the Jones Act, a claim must be filed within three years of the date of death.

Unlike DOHSA, the Jones Act provides both wrongful death and survival remedies. Under this theory, the following damages are available:

• Financial Support and Contribution: The financial contributions that the decedent would have made to his spouse and dependents over the course of his/her work life expectancy less any amount determined to be for the care and maintenance of the decedent personally.
• Loss of Services: The monetary value of services the decedent would have provided to the beneficiaries around the home.
• Nurture to Dependent Children: The value of care, guidance and training to the decedent’s children.
• Funeral Expenses: Funeral expenses are allowed to the point actually paid by the beneficiaries.
• Pre-Death Pain and Suffering: Monitory value of the conscious pain and suffering caused by the negligent act the decedent felt prior to his death are recoverable under the survival provisions of the Jones Act.
• Lost Past & Future Wages: Wages lost over the course of his/her work life expectancy unless DOHSA applies.
• Pre-Death Medical Expenses: Out-of-pocket expenses paid towards the decedent’s medical expenses.

Like DOHSA, a wrongful death Jones Act claim is limited to pecuniary losses, to wit:

• Loss of Society and Consortium are not recoverable.
• The Decedent’s Loss Future Earnings are not recoverable when DOHSA applies.
• Punitive Damages are not recoverable.