The Death on the High Seas Act (DOHSA) offers important legal rights to families of victims who have tragically died beyond three nautical miles from U.S. shores because of negligence or wrongful acts. This Act provides a path for the families of victims to obtain compensation for their loss, and addresses the financial and emotional vacuum left behind.
A Death on the High Seas Act lawyer can significantly help in the legal process, trying to obtain the maximum compensation and justice possible for the victims and their families.
In the following article, we’ll explain useful information regarding DOHSA, including eligibility for filing claims, potential financial compensation, and how an experienced lawyer manages the legal process.
Death on the High Seas Act Lawyer
If your loved one has died as a result of negligence or foul play, then you need to contact a Death on the High Seas Lawyer immediately. Challenging employers and insurance companies takes time and a specific skillset. The Maritime Lawyers at BoatLaw, LLP are experts on DOHSA and the legal process required to obtain compensation under it.
Call us today at 1 (800) 262-8529 or send an online message to set up a free consultation to discuss your claim.
Information Center
- What Is the Death on the High Seas Act?
- What Types of Accidents Are Covered Under DOHSA?
- Who Can File a Claim Under DOHSA?
- Who Could Be Liable to a Victim Under DOHSA?
- Victim’s Rights
- Are There Any Exclusions or Limitations to Filing a Claim Under DOHSA?
- What Are the Potential Damages for Wrongful Death Claims Under DOHSA?
- How Are Insurance Companies Involved with DOHSA Claims?
- What Are Common Defenses Against Claims Under DOHSA?
- How Does DOHSA Relate to Other Maritime Laws?
- Are There Time Limits for Filing a Claim Under DOHSA?
- How Do Laws Under DOHSA Apply to Death That Occurs Abroad?
- What Documentation Is Required to Support a Claim Under DOHSA?
- How Does a Death on the High Seas Act Lawyer Help a Victim?
- Additional Resources
- Hire a Death on the High Seas Act Lawyer
What Is the Death on the High Seas Act?
DOHSA was created in 1920, following the increasing need to provide legal options for families of seamen who died because of negligence or wrongful acts on the high seas. Before DOHSA, maritime law offered limited or no compensation for deaths that occurred beyond territorial waters. The act was created to fill this legal gap, ensuring that families could seek damages for the loss of their loved ones who died more than three nautical miles from U.S. shores.
What Types of Accidents Are Covered Under DOHSA?
The DOHSA covers fatal accidents that occur beyond the U.S. coastline, in international waters. This line is three-miles beyond the U.S. Coastline. This includes accidents on ships, oil rigs, and airplanes over the open sea that result in death because of negligence or a wrongful act. The types of incidents can range from collisions at sea, onboard accidents, to catastrophic failures of aircraft over the ocean, provided they result in the death of passengers or crew.
Who Can File a Claim Under DOHSA?
Under DOHSA, the personal representatives of the deceased can file a claim. This typically includes close family members like spouses, children, or dependents of the deceased. The claim is made for compensation for losses suffered because of the death of the person who was supporting them financially or emotionally.
Who Could Be Liable to a Victim Under DOHSA?
Under DOHSA, liability can be placed on an employer, vessel owner, or another party whose negligence or wrongful act led to the fatal accident. This includes situations where safety regulations were violated, equipment was faulty, or there was a failure to provide a safe working environment, directly resulting in the death.
What Is the Legal Process for Filing a Claim Under DOHSA?
Filing a claim under DOHSA involves several steps. The personal representative of the deceased must first gather evidence of negligence or wrongful acts that led to the death. A formal complaint is then filed in a federal court that outlines the basis of the claim, the parties involved, and the compensation sought. The legal process involves discovery, potential settlement negotiations, and possibly a trial to resolve the claim.
Victim’s Rights
How Does a Victim’s Rights Under DOHSA Differ From Other Federal Maritime Laws?
Victims’ rights under DOHSA are specifically tailored to address wrongful deaths occurring on the high seas, offering a remedy that focuses on compensating the family for financial losses. This is different from federal maritime laws like the Jones Act, which provides for personal injury claims by seamen and does not require the incident to occur on the high seas. DOHSA focuses on wrongful death beyond territorial waters, whereas other laws cover a broader range of maritime injuries and locations.
How Does a Victim’s Rights Under DOHSA Affect Their Rights Under State Law?
A victim’s rights under DOHSA are federal and specifically tailored for wrongful deaths occurring on the high seas, beyond territorial waters. While DOHSA claims are processed in federal courts, they do not preclude the possibility of pursuing additional remedies under state wrongful death laws.
Are There Any Exclusions or Limitations to Filing a Claim Under DOHSA?
Yes, there are exclusions and limitations to filing a claim under DOHSA. Claims must involve deaths that occurred because of negligence or wrongful acts on the high seas, over three nautical miles from U.S. shores. DOHSA does not cover deaths within most territorial waters.
Additionally, the Act has a statute of limitations, generally requiring claims to be filed within three years of the death.
What Are the Potential Damages for Wrongful Death Claims Under DOHSA?
The damages under DOHSA are primarily focused on compensating the survivors for the tangible financial losses they have incurred as a result of their loved one’s death.
Loss of Support – seeks to compensate the family members and dependents of the deceased for the loss of financial support they previously relied upon. This encompasses not just the immediate loss of income that the deceased was providing at the time of their death but also extends to the projected future earnings they would have contributed to their family’s welfare over the course of their expected lifetime. Calculations for loss of support take into account the deceased’s earning potential, career trajectory, and the financial needs of the survivors.
Loss of Services – includes non-monetary contributions, such as childcare, household maintenance, and other day-to-day tasks that now represent an additional burden on the survivors.
Funeral Expenses – DOHSA also allows for the recovery of funeral and burial expenses, providing some financial relief to families.
It’s important to note that under DOHSA, non-economic damages, such as those for pain and suffering experienced by the deceased prior to death or the emotional distress of the survivors, are generally not recoverable.
Also, the principle of comparative negligence applies under DOHSA. This means that if the deceased is found to have been partially at fault for the circumstances leading to their death, the total amount of damages awarded can be proportionally reduced. For example, if the deceased is deemed to have been 30% responsible for the accident that led to their death, the compensation awarded to the survivors would be reduced by 30%.
How Are Insurance Companies Involved with DOHSA Claims?
Insurance companies provide coverage for the organizations that might be held liable under the Act, like shipping companies, cruise lines, or other maritime operators. These companies evaluate claims, negotiate settlements, and may pay compensation to the victims’ families on behalf of the insured organizations.
What Are Common Defenses Against Claims Under DOHSA?
Common defenses against claims under DOHSA include arguing that the death did not result from negligence or a wrongful act by the defendant. Defendants may also claim that the incident occurred within territorial waters, where DOHSA does not apply. Additionally, they might assert that the deceased’s own actions contributed to the accident, potentially reducing their liability.
How Does DOHSA Relate to Other Maritime Laws?
While DOHSA is applicable to deaths on the high seas, the Jones Act and other maritime laws cover injuries or deaths of seamen because of negligence or unseaworthiness, and the Longshore and Harbor Workers’ Compensation Act covers injuries or deaths of maritime workers not classified as seamen.
Are There Time Limits for Filing a Claim Under DOHSA?
Yes, there are time limits for filing a claim under DOHSA. Generally, a lawsuit must be filed within three years from the date of the death. This statute of limitations is important for individuals to be aware of, as failing to file within this period can result in the loss of the right to seek compensation under the Act.
How Do Laws Under DOHSA Apply to Death That Occurs Abroad?
DOSHA is for deaths that occur on the high seas, more than three nautical miles from the shore of any state, including incidents that happen abroad. It does not apply to injuries or deaths that occur within U.S. territorial waters or on land, regardless of the location.
What Documentation Is Required to Support a Claim Under DOHSA?
Supporting a claim under DOHSA requires documentation, including the death certificate, evidence of the cause of death (like accident reports and witness statements), proof of the deceased’s earnings and potential future earnings, and documentation showing the relationship between the individual and the deceased.
How Does a Death on the High Seas Act Lawyer Help a Victim?
A DOHSA lawyer provides assistance to families seeking justice for loved ones lost in maritime accidents. These attorneys guide clients through filing a claim, ensuring all legal requirements are met. They help in gathering and presenting evidence effectively, including medical records, expert testimony, and eyewitness accounts, to support the claim. By evaluating the financial impact of the loss, they can accurately calculate the damages owed to the family.
Moreover, a lawyer can negotiate with insurance companies and other parties to reach a fair settlement. If necessary, they are prepared to take the case to trial, advocating on behalf of the victim’s family.
Throughout the legal process, a DOHSA lawyer offers support, clarity, and understanding to families during a difficult time, working tirelessly to ensure they receive the compensation they deserve for their loss. This legal support not only seeks to provide financial relief but also aims to hold responsible parties responsible, potentially leading to improvements in maritime safety standards.
Additional Resources
Death on the High Seas
The Death on the High Seas Act, as outlined by United States House of Representatives, provides legal rights to the families of individuals who have died because of wrongful acts, negligence, or defaults occurring on the high seas. The official law identifies causes of action and recovery amounts.
The 1920 Death on the High Seas Act: A Remedy Whose Time Has Gone
This article by The Florida Bar examines DOHSA, including its use over time, and the criticism that the Act has not evolved to meet the modern needs of maritime injury victims and their families. It argues for reforms that would align federal maritime wrongful death remedies more closely with contemporary state law standards.
A Territorial Sea Change: The Death on the High Seas Act and the Extension of the Territorial Sea
This article from the Fordham Law Review by Andrew S. Levy goes over the extension of the United States’ territorial sea from three to twelve nautical miles and its impact on the use of DOHSA. It explores the legislative and judicial challenges that have arisen because of this extension and debates the need for DOHSA’s changes in light of modern maritime jurisdiction issues.
Hire a Death on the High Seas Act Lawyer
If a person close to you, such as a spouse, parent or child, dies while on the ocean, you may be entitled to compensation under the Death on the High Seas Act. The DOHSA lawyers at BoatLaw, LLP (formerly Anderson Carey Williams & Neidzwski, LLP) can help you recover what is owed to you, along with any other compensation you are due.
Call us today at 1 (800) 262-8529 or send an online message to set up a free consultation to discuss your claim.
We litigate LHWCA claims from our offices in Bellingham and Seattle, Washington, Portland, Oregon, and San Francisco, California.
Our offices are located in Bellingham and Seattle, Washington; Portland, Oregon; and San Francisco, California.
