Texas Offshore Wrongful Death Lawyer

When an offshore worker dies in the Gulf of Mexico, the family faces not only unthinkable grief but also a bewildering legal landscape. Depending on where and how the death occurred, the governing statute might be the Jones Act, the Death on the High Seas Act (DOHSA), the Longshore and Harbor Workers’ Compensation Act (LHWCA), the Outer Continental Shelf Lands Act (OCSLA), general maritime wrongful death, or (for state-waters deaths) Texas wrongful death law. A Texas offshore wrongful death lawyer at McFarlane Law handles each of these regimes and coordinates the family’s recovery across all available benefit programs and civil claims.

The Five Regimes of Offshore Wrongful Death

A Jones Act wrongful death case applies when the deceased was a vessel-based seaman killed through employer or vessel negligence. A DOHSA case applies when the death occurred more than three nautical miles offshore; DOHSA limits recovery to pecuniary (economic) damages — loss of support, services, funeral expenses, and pre-death pain and suffering through a survival action. A LHWCA death benefits claim covers surviving spouses and dependents of covered longshore/OCS workers with scheduled statutory benefits. An OCSLA civil action applies for deaths on OCS fixed platforms, borrowing adjacent-state wrongful death law. A general maritime wrongful death action applies for deaths on state waters to non-seamen. Texas wrongful death law applies to deaths in state waters or on shore. These regimes can overlap and interact in complex ways.

Pecuniary vs. Non-Pecuniary Damages

The biggest doctrinal divide in offshore wrongful death cases is between pecuniary and non-pecuniary damages. DOHSA limits damages to pecuniary losses: loss of support, services, inheritance, and funeral expenses. Non-pecuniary damages — loss of society, loss of consortium, mental anguish — are not available in DOHSA-only cases. Jones Act wrongful death historically was also limited to pecuniary damages (Miles v. Apex Marine) but developments in Fifth Circuit law have allowed some recovery. General maritime wrongful death for non-seamen in territorial waters may allow non-pecuniary damages. OCSLA-borrowed state law for platform deaths may allow the full menu of state-law wrongful death damages including mental anguish and loss of companionship. Choice of statute and venue can thus change recovery by millions of dollars.

Who Can Bring the Claim

Each statute specifies its own proper plaintiffs. DOHSA claims are brought by the personal representative on behalf of the spouse, parent, child, or dependent relative. Jones Act claims are brought by the personal representative. LHWCA death benefits are paid directly to qualified beneficiaries (surviving spouse, dependent children, and in some cases dependent parents and siblings). OCSLA-borrowed state wrongful death allows the statutory beneficiaries of the adjacent state. Texas wrongful death allows the surviving spouse, children, and parents. Coordinating between the personal representative’s claims and direct beneficiary claims requires careful attention to probate, estate administration, and federal statutory interplay.

Why Families Need Experienced Texas Offshore Counsel

Offshore wrongful death cases produce some of the most significant recoveries in American law — but only when counsel identifies every applicable statute, every responsible party, every insurance policy, and every damage theory. Families who hire general PI lawyers often receive settlements that leave millions on the table because non-pecuniary damages under OCSLA-borrowed law were never pleaded, product liability against BOP or equipment manufacturers was overlooked, or vessel unseaworthiness under general maritime law was not identified. McFarlane Law has recovered more than $100 million for injured Texans and has the Gulf-specific experience to handle these complex cases from intake through trial. We offer free consultations and charge nothing unless we recover.

Related Practice Areas

Related: OCSLA claims lawyer, Texas maritime wrongful death lawyer, Texas Jones Act lawyer, oilfield wrongful death lawyer, Texas wrongful death lawyer. Hub: Texas offshore injury lawyer.

Talk to a Texas Injury Lawyer Today

If you lost a loved one in a Gulf offshore accident, McFarlane Law will explain every compensation path available to your family in a free, confidential consultation. Austin (512) 222-4900, Odessa (432) 803-5000.