Maritime Injuries & Wrongful Death: How the Law Protects Victims and Families

A catastrophic injury or the sudden loss of a loved one can upend life in an instant. In the first hours and days, you may find yourself juggling medical decisions, travel complications, unanswered questions, and the emotional shock of what happened.

When that harm occurs on a vessel, during a cruise excursion, or in waters far from home, families often discover a second layer of confusion: the legal rules that apply at sea aren’t the same ones they’ve encountered on land. This guide is here to help you understand your next steps, what rights apply, and how an attorney can make a meaningful difference.

Why the Location It Happened Matters

Whether on land, at the edge of the coastline, or miles offshore, the location of an accident shifts which laws apply and who may be held responsible.

On land, traditional personal injury and wrongful death laws generally apply. These cases often focus on whether a driver, business, property owner, or employer failed to use reasonable care.

Nearshore or U.S. coastal waters are governed by a blend of state and maritime law. Injuries on cruise excursions, ferries, or commercial vessels sometimes fall into this category, where duties may be heightened and timelines can shift.

Offshore or on foreign‑flag vessels typically fall under maritime law. This includes federal rules that may apply to:

• Crew members injured on the job (such as under the Jones Act)
• Passengers harmed due to unsafe conditions aboard a ship
• Families pursuing claims for deaths occurring beyond U.S. territorial waters

Maritime law can also impact deadlines, what damages are recoverable, and who can be held accountable. It’s best to speak with an experienced attorney once you disembark, so you can ask specific questions about your next steps.

Navigating the First Days After a Serious Loss

The days after a loss at sea can feel like a bad dream that won’t end, especially when answers are slow to arrive. Taking a few grounded, manageable steps can help you preserve the pieces of information that may matter later:

• Hold onto any written information you’re given, including notes from crew members, medical staff, or onboard officials.
• Write down what you remember, especially details about how the vessel was operating or how staff responded.
• Keep the names and contact information of anyone who witnessed the events, even if they only saw a portion of what happened.

• Save any messages or emails from the cruise line or operator, whether they offer updates, condolences, or explanations.

   

These steps offer a simple way to keep track of what you already know while everything is still unsettled, and they can help bring clarity later when official reports arrive or important details begin to take shape.

Untangling Accountability

Determining who is responsible can be more complicated than it seems, especially when multiple companies are involved.

In a wrongful death on land, you may be dealing with a driver, a property owner, or an employer. But incidents on or near the water can involve a web of decision‑makers, including:

• The vessel owner or operator
• The cruise line that coordinated an excursion
• Employers responsible for crew training and safety
• Shore‑side vendors or tour companies
• Manufacturers of safety equipment or vessel components

Each of these parties may have shaped the events in different ways, and maritime rules can affect which claims are possible and where they can be filed.

All of these moving parts can be hard to understand when you are trying to piece together what happened. A maritime attorney can review the facts with you and help clarify which parties may be responsible.

What Compensation May Be Available

Wrongful death cases under maritime law can involve different categories of compensation than those available under state law. Families may be able to pursue compensation for a range of losses, including:

• Financial support the person would have provided, including wages, benefits, and future earnings
• Household services and contributions, such as caregiving or responsibilities the person handled day to day
• Medical expenses related to the incident, including emergency treatment or transport
• Funeral and burial costs, depending on which laws apply
• Loss of guidance, care, or companionship, when permitted by the governing maritime statute

The exact value of what you’ll recover depends on a variety of factors, each unique to your specific circumstances. Our team can provide a personalized answer for you, whenever you’re ready.

Morgan & Morgan – Standing with Families After a Maritime Wrongful Death

After a devastating loss, families often find themselves face-to-face with powerful institutions that control the information they need. Questions build faster than answers, and the distance between the truth and what little is shared can feel overwhelming.

When the powerful don’t play fair, Morgan & Morgan levels the playing field.  Our 1,000+ trial-ready attorneys approach each case with the resources needed to uncover what the companies involved may prefer to keep out of sight. And when The Fee Is Free, you pay nothing to hire us, and we’re only paid if we win.

Get started today with a free, no-risk case evaluation.

Frequently Asked Questions

1. Who can file a maritime wrongful death claim?

In many situations, a spouse, children, or other financial dependents may be able to bring a claim, while other cases require the personal representative of the estate to file on behalf of survivors. 

2. How does maritime law differ from state wrongful death law?

Maritime wrongful death cases may fall under federal statutes, such as the Death on the High Seas Act (DOHSA), or general maritime law, each with its own rules for damages and eligibility. 

Some maritime laws limit recovery to financial losses, while others allow additional categories such as loss of care or companionship. These differences can significantly affect what families may receive compared to a land-based wrongful death case.

3. What types of compensation are available in a maritime wrongful death case?

Families may be able to recover the financial support their loved one would have provided, including income, benefits, and future earnings, as well as household contributions and certain medical or funeral expenses. 

In some cases, losses related to care, guidance, or companionship may also be available.

4. What deadlines apply in a maritime wrongful death claim?

Under the Death on the High Seas Act (DOHSA), families generally have three years from the date of death to file a claim. Claims involving seafarers under the Jones Act also follow a three-year statute of limitations.

When a death occurs on a cruise ship, ticket contracts frequently shorten timelines: some require written notice within six months and a lawsuit within one year, as allowed under federal maritime law.

5. What if the fatal incident happened on a cruise ship or in foreign waters?

A death that occurs on a cruise ship or in international waters usually triggers maritime law, even if the vessel is foreign-flagged or the operator is based overseas. The location of the incident, the ship’s registration, and the passenger contract can all influence where and how a claim must be filed.