Maritime Wrongful Death Attorney: How to Win Your Lawsuit

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Maritime workers are often put in risky situations. They may have to work on unseaworthy vessels, handle unsafe equipment, or manage tasks without the proper safety gear. Employers in the maritime industry have a clear responsibility to provide safe working conditions. That includes maintaining seaworthy vessels, hiring qualified crew members, and ensuring all equipment works as it should. While maritime jobs are known for being dangerous, most deaths on the water could have been prevented.

No family is ever truly prepared for the loss of a loved one who worked at sea. If your loved one lost their life because someone failed to do their job, you’re likely dealing with much more than just grief. Covering funeral costs, paying the bills, and figuring out how to move forward can feel overwhelming. But you may have options. A maritime wrongful death lawsuit can give families a chance to hold the right people accountable and seek financial support during an incredibly difficult time. Your family may be able to file a negligence claim and pursue the compensation you need to keep going. These cases are complicated, involving different maritime laws and rules. An experienced maritime wrongful death attorney from Ethen Ostroff Law by your side can help get answers and justice.

How Common Are Maritime Wrongful Deaths?

Maritime work remains one of the most dangerous jobs in the U.S., and the numbers continue to show just how risky life at sea can be. These recent statistics highlight why maritime wrongful death lawsuits are sometimes the only way families can get answers and hold the right parties accountable:

  • Maritime workers are six times more likely to lose their lives on the job than workers in other industries. 
  • Between 2011 and 2017, there were 87 reported fatal maritime injuries in the U.S., a reminder of the ongoing dangers maritime workers face. 

What Is Considered a Maritime Wrongful Death?

A maritime wrongful death happens when someone who works at sea loses their life because the people in charge didn’t keep things safe. This can happen when equipment isn‘t properly cared for, workers don’t get the training they need, or the work environment is just plain dangerous. These cases often involve people working on ships, offshore platforms, or docks—places where the risks are high and safety should always be the top priority. When someone loses their life because the right precautions weren’t taken, their family has the right to take legal action and seek answers to find closure and financial support.

Why Do Fatal Maritime Accidents Happen?

Maritime work is dangerous, and when safety isn’t the top priority, the risks become life-threatening. Many workers lose their lives in accidents that could have been prevented, including:

  • Falling overboard with no one around to help 
  • Drowning after a vessel capsizes or in rough waters 
  • Falling from high places without proper safety gear 
  • Being crushed by heavy cargo that shifts or isn’t secured 
  • Slipping on oil-slick or wet decks 
  • Accidents involving forklifts, cranes, or other heavy equipment 
  • Equipment breaking down due to poor maintenance 
  • Lack of proper training leading to dangerous mistakes 
  • Exhaustion, poor decisions, or substance use causing fatal errors

How Can Maritime Wrongful Deaths Be Prevented?

Preventing deadly accidents at sea starts with making safety a priority every single day. Here are some of the most effective ways to keep maritime workers safe:

  • Make sure everyone gets thorough training on safety equipment, spotting hazards, and what to do in an emergency. 
  • Use the right safety gear, like life jackets and harnesses, and check that it’s in good shape. 
  • Inspect and fix important equipment regularly like life rafts, radios, and emergency lights. 
  • Follow clear safety procedures, like using the buddy system and running man-overboard drills. 
  • Keep an eye on the weather and delay work if storms or dangerous conditions are coming. 
  • Rotate shifts and give workers enough time to rest to avoid accidents caused by exhaustion. 
  • Enforce strict no-drug and no-alcohol policies to help prevent poor decisions on the job. 
  • Keep work areas clean and organized and always use the right tools for the task. 
  • Regularly check for risks and find ways to fix problems before they cause harm. 
  • Review past accidents to learn what went wrong and how to avoid similar mistakes. 
  • Report accidents and investigate what happened to help improve safety moving forward. 
  • Follow international safety standards to make sure every vessel is meeting the best practices. 
  • Use extra caution when entering small, enclosed spaces where dangerous gases might build up.

What Compensation Is Available in Maritime Wrongful Death Cases?

1. The Jones Act: The Jones Act is a law from 1920 that protects seamen who are injured or killed while working at sea. If a seaman dies on the job, the Jones Act allows their dependents to seek compensation. Those who may qualify for benefits under the Jones Act include:

  • The spouse (married or common-law) 
  • Dependent minor children 
  • Dependent adult children 
  • Dependent parents 
  • Dependent siblings

To file a claim, you’ll need to show that negligence played a role—whether it was the employer, the shipowner, the captain, or even other crew members. There’s also a strict deadline: you must file within three years of the death.

Compensation under the Jones Act can cover:

  • Lost wages 
  • Funeral costs 
  • Loss of care, guidance, and services 
  • Medical expenses before death 
  • Pain and suffering your loved one experienced before passing

If your loved one was part of a vessel’s crew and died in U.S. waters, this law might apply to your case.

2. Death on the High Seas Act (DOHSA): DOHSA was created to cover wrongful death cases that happen beyond U.S. waters. It applies to both workers and passengers who die:

  • More than three miles offshore on a water vessel 
  • More than 12 miles offshore in an aviation accident

Family members who may qualify for compensation under DOHSA include:

  • The spouse (married or common-law) 
  • Dependent minor children 
  • Dependent adult children living at home 
  • Financially dependent parents, siblings, or grandparents

It’s important to know that DOHSA only applies to workers on commercial vessels, not private boats.

Potential compensation includes:

  • Funeral costs 
  • Lost wages, pension, and benefits 
  • Loss of support and services 
  • Counseling costs related to the death 
  • Medical expenses before death 
  • Pain and suffering your loved one experienced before passing

Unlike the Jones Act, DOHSA does not allow for non-economic damages (like emotional distress) unless the death resulted from an aviation accident. And even if your loved one was partly at fault for the accident, you may still receive compensation, though the amount could be reduced.

Just like the Jones Act, you’ll need to prove negligence or that the vessel was unseaworthy, and you have three years to file.

3. General Maritime Law: General maritime law provides wrongful death remedies for a wide range of people—not just workers. This can include cruise passengers, oilfield workers, and crew members who die in U.S. territorial waters.

It can also apply if:

  • A longshore worker was killed due to a third party’s negligence 
  • A passenger or worker died within U.S. waters 
  • Eligible family members usually include the spouse and dependent children.

Compensation under general maritime law can be much broader than other maritime death benefits and may include both financial and non-financial losses, along with possible punitive damages in certain cases.

The filing deadline depends on the specific details of the case.

4. Longshore and Harbor Workers’ Compensation Act (LHWCA): The LHWCA covers longshoremen, dock workers, harbor workers, and others who work on or near navigable waters. It also extends coverage to:

  • Contractors on U.S. military bases (through the Defense Base Act) 
  • Offshore workers (through the Outer Continental Shelf Lands Act)

If a worker covered by the LHWCA dies from a work injury, death benefits may be available for:

  • The spouse 
  • Dependent children 
  • Dependent grandparents, siblings, or grandchildren

The benefits come through the Office of Workers’ Compensation Programs and may include:

  • Medical expenses 
  • Burial costs (up to $3,000) 
  • Weekly payments based on the deceased’s average weekly wage (AWW), such as: 

 

  • 50% of AWW for a surviving spouse 
  • 66 ⅔% of AWW for a spouse with one or more dependent children 
  • 50% of AWW for one child 
  • 66 ⅔% of AWW for two or more children

These benefits end if the surviving spouse remarries (with a lump-sum payout of two years of benefits). For dependent children, siblings, and grandchildren, payments continue until age 18, or up to age 23 if there full-time students.

Death benefit claims under the LHWCA must be filed within one year of the worker’s passing to qualify.

What Is the Process for Filing a Wrongful Death Lawsuit?

Filing a maritime wrongful death lawsuit after a maritime accident depends on the specific law that applies to the case. Each law has its own rules, deadlines, and requirements, so it’s important to follow the right steps based on the circumstances.

1. Under the Jones Act

  • Notify the employer or captain of the death as soon as possible. 
  • Gather evidence of negligence or unseaworthiness. 
  • File a claim in court within three years of the death. 
  • Prove the employer’s negligence caused the death. 
  • Work with a maritime wrongful death attorney for proper filing and documentation.

2. Under DOHSA

  • Confirm the death happened more than three nautical miles from U.S. shores. 
  • Collect evidence of negligence or unseaworthiness. 
  • File a claim within three years of the death. 
  • Prove negligence caused the death to claim economic losses like lost wages and funeral costs. 
  • Consult a maritime wrongful death lawyer familiar with DOHSA cases.

3. Under General Maritime Law

  • Confirm the deceased qualifies under general maritime law. 
  • Gather evidence related to the incident. 
  • File a claim in federal or state court, depending on the case. 
  • Prove wrongful acts or negligence caused the death to recover damages. 
  • Hire an attorney experienced in general maritime law.

4. Under LHWCA

  • Confirm the deceased was covered under LHWCA. 
  • Notify the employer of the death as soon as possible. 
  • Submit medical records and proof of dependency. 
  • Get help from an attorney familiar with LHWCA claims.

The process of filing a wrongful death claim in maritime cases requires meeting deadlines, gathering strong evidence, and following the guidelines set by the applicable law. Working with a maritime lawyer for wrongful death can make the process smoother and help families pursue the full benefits they deserve.

What Is the Statute of Limitations for Filing a Maritime Wrongful Death Lawsuit?

The time limit for filing a maritime wrongful death lawsuit after an accident depends on the specific law that applies. Missing these deadlines can result in losing the right to seek compensation.

  • Under the Jones Act, the deadline is three years from the date of death. 
  • Under DOHSA, the deadline is three years from the date of death for incidents more than three nautical miles from U.S. shores. 
  • Under General Maritime Law, the deadline is generally three years from the date of death, though specific situations may affect this timeline. 

Understanding which law applies and meeting the correct deadline is important to keep the case moving forward and protect the family’s right to benefits.

What Proof Is Needed for a Maritime Wrongful Death Claim?

To prove what caused a maritime worker’s death and who is responsible, key evidence includes:

  • Work records like contracts and pay stubs to confirm employment. 
  • Medical and autopsy reports linking the death to the accident. 
  • Accident reports from the Coast Guard, police, or employer explaining what happened. 
  • Witness statements from people who saw the accident or unsafe conditions. 
  • Safety logs and company records showing if safety rules were followed. 
  • Proof of unsafe conditions, like missing or broken safety equipment. 
  • Financial records showing lost wages and future earnings. 
  • Photos and videos of the accident scene and vessel condition. 
  • Expert opinions on industry safety standards.

This evidence helps show if negligence or unsafe conditions played a role in the tragedy.

How Does a Maritime Wrongful Death Attorney Prove Liability?

Maritime wrongful death attorney investigate the incident and gather evidence to prove negligence or unsafe conditions caused the death. This process typically involves:

  • Gathering accident reports, safety records, and other key documents. 
  • Talking to witnesses who saw what happened. 
  • Identifying unsafe conditions like poor maintenance or lack of training. 
  • Checking if the employer followed safety rules. 
  • Inspecting the vessel for missing or broken safety equipment. 
  • Using experts to determine if the vessel met safety standards. 
  • Reviewing medical records to confirm the cause of death. 
  • Calculating lost wages and future financial impact. 
  • Applying the right maritime laws to strengthen the case.

By combining these steps, a maritime wrongful death attorney works to prove who is responsible and help families seek compensation.

Why Choose a Maritime Wrongful Death Attorney from Ethen Ostroff Law

Losing someone you love is already unbearable. When that loss happens because of a tragic accident on the water, the last thing you should worry about is figuring out complicated rules or fighting for the support your family needs. Unfortunately, maritime laws can be tough, and the process to get compensation isn’t always fair or simple. That’s why having the right team on your side matters.

At Ethen Ostroff Law, we understand what you’re going through. Allow us to take that weight off your shoulders by handling the paperwork, the deadlines, and the investigation into what happened. Our team of maritime wrongful death attorneys will build a strong case. We’ll work hard to make sure you’re not left with unanswered questions or bills you shouldn’t have to bear alone.

There’s also no upfront cost to work with us. We believe you shouldn’t have to pay us unless we’re able to win for you. Your first consultation is completely free. We’ll listen, explain your options in a way that makes sense, and help you figure out the best path forward. If you’ve lost someone in a maritime accident, contact us now.

Frequently Asked Questions on Maritime Wrongful Death Attorney

Winning a maritime wrongful death case isn’t guaranteed. However, certain things can improve the chances. To succeed, you need to prove that unsafe conditions or negligence led to the death—like a poorly maintained vessel, ignored safety rules, or lack of proper training. The type of maritime law that applies affects what kind of compensation the family can receive. Challenges like strict deadlines, limited payouts, and pushback from insurance companies can make things harder. A skilled maritime wrongful death lawyer from Ethen Ostroff Law can give families the best shot at justice.

General maritime law allows families to seek compensation when a loved one dies in a maritime accident, particularly when other laws like the Jones Act or DOHSA don’t apply. It ensures that wrongful death cases in state waters are recognized, even if the victim wasn’t a seafarer. Families may receive compensation for lost income, companionship, and the pain their loved one suffered before passing. In some cases, courts may allow state wrongful death laws to supplement general maritime law, as long as they don’t conflict with federal maritime rules.

Most offshore accident lawyers work on a contingency fee basis, meaning you don’t pay anything upfront. Instead, the lawyer only gets paid if you win your case, taking a percentage of the settlement or court award. This percentage usually falls between 33% and 45%, depending on how far the case goes. Cases that go to trial typically have higher fees than those that settle early. Call Ethen Ostroff Law to learn more.

There’s no fixed limit on how much you can sue for in a maritime wrongful death case. The amount depends on the law that applies and the financial impact of the loss. Some laws, like DOHSA, only cover lost wages and funeral costs, while others, like the Jones Act, allow claims if negligence is proven. General maritime law may also provide compensation in certain cases. Settlements can reach millions, but the final amount depends on factors like negligence, lost income, and the family’s needs.

His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.

Passionate about securing legal rights, Joseph actively participates in pro bono work through various organizations, including Christian Legal Aid of Pittsburgh and the ABA Military Pro Bono Project. Licensed to practice in Pennsylvania and the U.S. District Court for the Western District of Pennsylvania, he is a member of the Allegheny County and Pennsylvania Bar Associations. Outside of work, Joseph enjoys sports, reading, and creative writing, and has been involved in rowing and curling. He resides in Mt. Lebanon, Pennsylvania, with his parents.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.