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Jones Act and Wrongful Death
The Jones Act allows for a seaman’s estate’s personal representation to bring a death and survival claim against the employer of the seaman if he died onshore or within three nautical miles of shore due to the negligence of the employer, a fellow crewmember, or the shipmaster.
The Jones Act allows for a wrongful death claim and a survivor action claim. Wrongful death claims are meant to compensate the family for the death of their loved one and the resulting loss of financial support. A survivor action is brought to recover compensation for the expenses incurred between the time of the accident and the death.
The following is a list of recoverable damages:
- Financial support and contribution: This is calculated as the amount the decedent
would have earned, less the amount he would likely have used - Nurture to dependent children: This is a monetary amount meant to compensate
for the value of care, guidance, etc. - Loss of services: This is the monetary value of services provided to beneficiaries
around the home - Funeral expenses
- Pre-death pain and suffering
- Lost past and future wages
- Pre-death medical expenses
Under the Jones Act, no punitive or non-pecuniary damages are recoverable.
Beneficiaries under the Jones Act
Under the Jones Act, there are several potential beneficiaries that are divided by class.
However, if one class recovers damages, it precludes lower classes from recovering. The
classes in order of recovery are as follows:
- Surviving spouse
- Children, both biological and step-children if they suffered pecuniary loss
- Dependent parents
- Dependent siblings
Additional Resources
Back to Wrongful Death Homepage
General Maritime Law and Wrongful Death
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