Maritime workers may be at risk for wrongful death caused by negligence, misconduct or unsafe conditions. There are several situations where this may happen, and their family members may be able to file a claim for compensation.
Common situations
Wrongful death at sea can happen when there are ship accidents caused by collisions, navigation mistakes and equipment failures. These accidents can cause the ship to capsize, and the occupant can drown or suffer other fatal injuries.
These accidents can occur because of negligence or misconduct like failing to follow maritime laws or safety guidelines, failing to rescue a fallen crewmember or because of violence.
Wrongful death and damages
The family members must prove several elements for a successful wrongful death action. They must show that the person responsible for the death owed a duty of care to the deceased person. This may be the ship’s owner, operator, or crew. Then, they must show that the duty of care was breached, meaning that their actions deviated from the standard of care.
The breach of duty must have caused or have been a substantial factor in the death. Finally, there must have been damages resulting from the wrongful death.
Damages may include purely economic losses such as medical expenses for treatment before death and funeral and burial expenses. They can also include non-economic losses like pain and suffering. In some situations, where the negligence was intentional, the family may receive punitive damages, which are meant to punish the person who caused the death.
Financial compensation can help to replace the financial support the deceased person provided to the family.