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General Maritime Law Claims and Wrongful Death
In addition to the Jones Act, LHWCA, and DOHSA as avenues of recovery for wrongful death, there is the general maritime “Moragne” claim. The Moragne doctrine applies to non-members of a crew performing the work traditionally done by seamen. It states that a wrongful death claim can be brought when such a worker is killed by the defendant’s negligence or the unseaworthiness of the vessel.
The damages recoverable under the Moragne doctrine include non-pecuniary damages for loss of society, but not for grief. As with DOHSA, recovery will be proportionately split between the classes that can recover.
This area of the law is extremely complex and there are many variables at play that will affect how and how much you can recover. Only an experienced maritime attorney can ensure that every avenue of recovery has been exhausted, and all compensation has been recovered. Call an attorney at Kirkendall Dwyer LLP today to begin the process of recovery.
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LHWCA and Wrongful Death
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