Texas Maritime Wrongful Death Lawyer

When a seaman or maritime worker dies on the job, the legal regime governing the family’s recovery depends on where the death occurred, what the deceased was doing, and which vessel or employer was responsible. A Texas maritime wrongful death lawyer at McFarlane Law navigates Jones Act wrongful death, general maritime wrongful death, the Death on the High Seas Act (DOHSA), LHWCA death benefits, and — where applicable — state wrongful death remedies. Each statute has different plaintiffs, different damages, and different deadlines. Getting the right claim filed in the right court within the right time is critical.

Jones Act Wrongful Death: Seamen Who Die on the Job

When a Jones Act seaman dies due to an employer’s negligence, the personal representative of the estate may bring a Jones Act wrongful death action. Recoverable damages include the deceased’s pre-death pain and suffering (through a survival action), loss of support for dependents, loss of services, funeral expenses, and — under Fifth Circuit law — predeath conscious pain. Historically, non-pecuniary damages like loss of society were not recoverable in Jones Act cases (per Miles v. Apex Marine); recent developments have opened the door to some recovery in death cases but doctrine remains in flux. An experienced maritime attorney is essential to presenting every available category of recovery.

DOHSA: Death Beyond Three Nautical Miles from Shore

The Death on the High Seas Act (46 U.S.C. § 30301 et seq.) governs deaths occurring beyond three nautical miles from the U.S. shore — a common location for commercial fishing, offshore supply vessel, and drilling-rig fatalities. DOHSA damages are pecuniary only: loss of financial support, services, and inheritance, plus pre-death pain and suffering (via survival under Jones Act or state law). DOHSA does NOT allow recovery for loss of society, loss of consortium, or non-economic damages in most cases. Understanding DOHSA’s limitations is critical to setting realistic expectations for families and to structuring the case to maximize pecuniary recovery. Commercial aviation deaths more than 12 nautical miles out have somewhat expanded damages under DOHSA.

LHWCA Death Benefits

When a LHWCA-covered dock or port worker is killed, the employer’s LHWCA carrier pays death benefits to surviving spouses and dependents: 50% of average weekly wage to a surviving spouse alone; 66 2/3% with a dependent child; additional benefits per additional child, up to statutory caps. Benefits continue until the spouse remarries (with a lump-sum remarriage benefit) or the child reaches age 18 (or 23 if a full-time student). Funeral expenses up to $3,000 are also paid. McFarlane Law handles LHWCA death claims before OWCP and Administrative Law Judges and, when a vessel’s negligence contributed, pursues the Section 905(b) civil action that can produce much larger recoveries.

Preserving a Texas Maritime Wrongful Death Case

Evidence in maritime death cases vanishes quickly. Vessel logs, VDR audio, ECDIS data, engine room records, and medical logs may be lost within weeks. Coast Guard investigation interviews happen within days of the incident. Shipmates rotate off the vessel. Employers often approach families with quick settlement offers that vastly undercompensate. Families need a lawyer who can issue litigation-hold notices, secure the Coast Guard investigative file, coordinate autopsy and toxicology results, retain marine and medical experts, and negotiate with multiple insurers, carriers, and plan administrators. McFarlane Law has the experience and the resources to do this in Texas and Gulf Coast maritime death cases.

Related Practice Areas

Related: Texas Jones Act lawyer, Texas LHWCA lawyer, Texas offshore wrongful death lawyer, Texas wrongful death lawyer. Hub: Texas maritime injury lawyer.

Talk to a Texas Injury Lawyer Today

If you lost a loved one in a Texas maritime or Gulf Coast accident, McFarlane Law will explain your rights — Jones Act, DOHSA, LHWCA, and 905(b) — in a free confidential consultation. Austin (512) 222-4900, Odessa (432) 803-5000.