What happens if someone dies in a cruise ship accident?
If someone dies in a cruise ship accident, legal action may be taken in accordance with the Minnesota Wrongful Death Act (MND TA § 573.02). This act allows for a deceased’s family members to file a wrongful death lawsuit against the party or parties responsible for their loved one’s death. The wrongful death lawsuit would seek damages from the liable party or parties, such as medical expenses, funeral costs, the deceased’s lost wages, and the loss of companionship, guidance, and emotional support. If the liable party or parties intentionally and recklessly caused the death, the family may also be able to receive punitive damages, which are intended to punish the wrongdoer for their actions. When filing a wrongful death lawsuit, a family must be able to prove four elements: that the accused had a duty of care to the deceased, that they breached this duty of care, that their breach of duty caused the death of the deceased, and that the survivors suffered a financial loss because of their loved one’s death. If a cruise ship company is found to be at fault, they may also be subject to criminal charges, depending on the circumstances of the case. Ultimately, the court would determine the financial compensation awarded to the survivors, but it may be a combination of both civil and criminal sanctions.
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