The death of a family member in an offshore accident is devastating, and it can be hard to know what to do next. Even though it’s wise to hire a wrongful death lawyer to help you secure a fair settlement, consider taking time to learn more about Louisiana’s wrongful death laws yourself. It’s helpful that you have a basic understanding of wrongful death claims after offshore or maritime accidents in Louisiana to improve your chances of securing a fair settlement.
Every wrongful death case is unique. These situations can become even more complicated when trying to understand Louisiana wrongful death laws. By having a basic understanding of the process and connecting with a local wrongful death attorney, you can improve your chances of securing a fair settlement for your case.
Wrongful Death Claims After Offshore or Maritime Accidents in Louisiana
Offshore energy is a big industry in Louisiana. In fact, Louisiana leads the nation in overall maritime jobs. More than 4,500 businesses comprising over 87,000 employees make up Louisiana’s marine economy, including hundreds of offshore energy and maritime businesses. It’s estimated that Louisiana’s energy industry has created:
- Over 300,000 jobs
- More than $25 billion in annual total statewide earnings
- $77.7 billion added to the state’s total economic value
Offshore employees often work in more dangerous settings, putting themselves at risk for injury or even death. Offshore injury fatalities are not common, but that doesn’t mean they don’t severely impact workers and their families.
The International Marine Contractors Association (IMCA) represents the offshore marine construction industry across the globe. The IMCA reported a total of three fatalities in a single year in 2024.
Accidents on oil rigs and fields are extremely dangerous due to the size and weight of the equipment used. Recently, a worker died in a Calcasieu Parish oil field due to being crushed by heavy equipment.
All offshore workers are still covered by workers’ compensation, but their coverage differs from that of most employees with traditional workers’ compensation benefits. Most offshore injuries are covered under federal laws instead of state workers’ comp programs.
For example, most maritime workers are covered under laws like the Jones Act. Additionally, the Longshore and Harbor Workers’ Compensation Act (LHWCA) covers a specific group of maritime workers who are not otherwise covered by state workers’ compensation programs. It’s important to understand your options for recovering compensation on behalf of a loved one based on their job and specific benefits program.
The same coverage they have for injuries can be used to compensate loved ones in the event of the employee’s death. Navigating Louisiana’s wrongful death laws can be complicated, especially in the maritime industry. It’s recommended that you hire a wrongful death lawyer to help you through the process.
FAQs
What Is the Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) is a federal maritime law that allows families to file a wrongful death claim if the incident happened more than three nautical miles offshore. This means inland waterways are not covered. DOHSA covers everyone who is not a seaman. Seamen are covered under the Jones Act’s wrongful death remedies.
Eligible family members can file a claim to recover direct costs. They cannot file for non-economic damages like pain and suffering.
How Are Wrongful Death Claims Different From Survival Actions Under Louisiana Law?
Wrongful death claims are different from survival actions in Louisiana in the forms of damages you can recover. Wrongful death claims allow bereaved relatives to recover damages for their own losses. This includes burial and funeral expenses, lack of economic support, loss of companionship, and mental anguish.
Survival actions are essentially a continuation of the decedent’s personal injury claim. Surviving family members recover damages on the victim’s behalf. This includes things like medical expenses and pain and suffering.
How Long Do I Have to File a Claim to Recover Damages After a Loved One Dies in an Offshore Accident in Louisiana?
How long you have to file a claim to recover damages after a loved one dies in an offshore accident in Louisiana depends on the details of the case. Different offshore workers are covered under different federal laws.
That means there are different requirements for filing a claim and recovering damages on behalf of your deceased loved one. It’s important to understand Louisiana wrongful death laws to be sure you follow the rules for filing your claim.
Do I Have to Hire a Wrongful Death Lawyer to File a Claim in Louisiana?
You do not have to hire a wrongful death lawyer to file a claim in Louisiana. That said, it’s highly recommended that you work with a Louisiana wrongful death attorney who has experience with offshore claims and Louisiana wrongful death laws.
Your attorney can investigate your claim and help you gather evidence needed to be fairly compensated for your losses. They can handle negotiations and litigation through local, state, and federal courts.
Hire a Wrongful Death Lawyer to Help With Your Claim in Louisiana
The death of a family member is devastating, especially when they’re taken from you unexpectedly. If another party’s negligence led to their death, you may be able to recover damages through a claim.
That said, the maritime industry works within its own parameters. This can present unique issues for family members trying to recover damages after the death of a family member. It’s recommended to hire a wrongful death lawyer to help you through the claims process.
Ron Austin Law brings nearly 90 years of combined experience handling offshore injury and wrongful death claims in Louisiana. We’ve settled thousands of cases and have recovered more than $1 billion for our clients.
Our skilled attorneys have experience navigating complicated negotiations and litigation alike. Our firm is a nationally recognized leader in personal injury and mass torts.
Still, we offer local knowledge that only a Louisiana firm would know. Our office is located in Harvey, right off US-90 on the West Bank of the Mississippi River. If you’re ready to discuss your case in more detail, contact our office to set up an appointment with a member of our team today.
