Maritime accidents can cause severe injuries, hefty medical bills, and lifelong challenges. If you qualify as a seaman under the Jones Act or if you’ve lost a loved one in an offshore accident covered by the Death on the High Seas Act (DOHSA), you may have the right to compensation. An experienced maritime accident lawyer in Houston, TX, can help.
At Simon & O’Rourke Car Accident & Personal Injury Lawyers, we have 43 years of combined experience fighting for the rights of injured individuals. Our team has recovered tens of millions of dollars on behalf of our clients, and we’re prepared to help you, too. Contact us today at (281) 667-4081 to get started with a free consultation.
How Simon & O’Rourke Car Accident & Personal Injury Lawyers Can Help With Your Jones Act / DOHSA Claim in Houston, Texas
Pursuing a Jones Act or DOHSA claim is seldom straightforward. Maritime employers and insurance companies often have extensive resources and legal teams dedicated to minimizing payouts. We understand the intricacies of maritime law, and we’re ready to counter any strategy that shortchanges you.
If you choose our Houston maritime accident lawyers to represent you, we can:
- Investigate your accident
- Determine the right legal avenue to seek compensation
- Collaborate with medical experts and financial analysts
- Negotiate with insurers or defense lawyers on your behalf
- Take your case to court if necessary
Our background in maritime law—and our commitment to seeing justice served—can give you a significant advantage from day one. We want you to focus on healing while we handle the complex legal aspects of your claim. Call us today for a free consultation with a Houston Jones Act/DOHSA lawyer.
Common Damages in Jones Act Cases
Under the Jones Act, injured seamen can file a lawsuit against their employer for negligence that causes or contributes to an accident.
The available damages can include:
- Medical expenses: Coverage for hospital bills, surgeries, prescriptions, physical therapy, and more. Future medical needs are also considered if you’ve suffered long-term injuries.
- Lost wages and reduced earning capacity: Compensation for the time you’ve missed from work and for any lasting impact on your ability to make a living.
- Pain and suffering: Damages for the physical pain, mental distress, and emotional suffering that accompany a maritime injury.
- Maintenance and cure: Seamen are entitled to maintenance (daily living expenses) and cure (medical costs) until they reach maximum medical improvement. This is separate from damages for employer negligence but often applies in tandem with a Jones Act claim.
Since maritime work is inherently hazardous, these damages can be significant, reflecting both the severity of the injury and the risks involved in your line of work.
Damages in DOHSA Cases
The Death on the High Seas Act (DOHSA) governs wrongful death cases that occur at least three nautical miles from U.S. shores. If a loved one dies due to negligence or an unseaworthy vessel, DOHSA lets certain family members seek compensation. However, unlike Jones Act claims, DOHSA typically limits damages to financial losses.
These losses can include:
- Funeral and burial costs
- Loss of financial support the decedent would have provided
- Loss of household services if the decedent handled tasks like child care or home maintenance
DOHSA generally does not allow recovery for non-economic losses such as emotional distress or loss of companionship. However, other maritime laws or statutes may overlap with DOHSA, and your lawyer can explore all possible avenues to ensure your family’s needs are met.
Understanding the Key Differences
While both the Jones Act and DOHSA are federal maritime statutes, there are a few significant differences when it comes to damages:
- Jones Act: Focuses on living seamen’s claims against employers for negligence. Damages can include pain and suffering, lost wages, medical costs, and more.
- DOHSA: Applies to wrongful deaths on the high seas. Damages are primarily limited to financial losses related to the person’s death.
If your circumstances fit both laws—such as a fatal accident involving a seaman on a vessel more than three nautical miles offshore—your legal team will need to decide which claims to file or whether multiple statutes might apply. A strategic approach can help the amount of compensation you recover.
Contact a Houston Jones Act/DOHSA Attorney for a Free Case Evaluation
Were you injured under circumstances covered by the Jones Act, or did you lose a family member in an offshore accident governed by DOHSA? You don’t have to face these complex legal issues alone. Simon & O’Rourke Car Accident & Personal Injury Lawyers has decades of combined experience fighting for maritime workers and their families in Houston and beyond.
Call our maritime attorneys in Houston today or reach out online to schedule a free, no-obligation consultation.
