Losing a loved one in a tragic incident at sea is devastating, especially when the loss occurs due to negligence or misconduct. The Death on the High Seas Act offers a crucial legal pathway for families seeking justice when a wrongful death happens more than three nautical miles from U.S. shores. Whether the incident involves a commercial vessel, cruise ship, or offshore aircraft, DOHSA allows surviving relatives to pursue compensation for financial losses tied to their loved one’s untimely death.
However, navigating the complexities of this federal maritime statute can be overwhelming without skilled legal guidance. Consulting with an experienced Death on the High Seas Act lawyer can help you understand your rights, gather necessary documentation, and build a strong case. Understanding how DOHSA functions and who qualifies to file a claim is the first step in seeking the justice your family deserves.
What Is the Death on the High Seas Act?
Enacted in 1920, DOHSA allows families to pursue claims against responsible parties, such as vessel operators or employers, when a death occurs due to unseaworthiness or negligence in international waters. The law is especially relevant in cases involving commercial ships, cruise lines, or aviation disasters over the ocean, and it plays a vital role in ensuring accountability for accidents occurring beyond the reach of state laws and traditional wrongful death statutes.
Who Can File a DOHSA Wrongful Death Claim?
Only the decedent’s spouse, child, or financially dependent relative may file a claim under DOHSA. These claims are typically brought by the personal representative of the deceased’s estate, and only pecuniary damages may be recovered, such as loss of support, funeral expenses, or loss of inheritance. Emotional damages, such as pain, suffering, or loss of companionship, are not compensable under DOHSA. It is crucial to accurately calculate and document all eligible financial losses when filing a claim.
Why DOHSA Claims Are Different from Other Maritime Cases
Unlike general maritime law or state wrongful death statutes, DOHSA claims do not allow for compensation for pain and suffering or emotional loss. This significant limitation often leads to complex litigation, particularly when multiple parties are involved or when determining financial dependency. As a result, having knowledgeable legal representation is crucial to navigate the strict requirements, protect your rights, and ensure that all eligible damages are properly pursued under the Death on the High Seas Act.
“The Death on the High Seas Act provides a cause of action for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.” — Cornell Law School
Steps to Take After a Maritime Wrongful Death
If your loved one passed away in a maritime incident on the high seas, time is of the essence. DOHSA claims have a strict three-year statute of limitations. Promptly securing legal counsel and gathering relevant evidence—such as the vessel’s location, employment status, and cause of death—can significantly impact your case outcome.
- Document all correspondence with the employer or vessel operator
- Secure a copy of the death certificate and autopsy (if available)
- Consult with a maritime attorney familiar with DOHSA
Other Legal Avenues That May Apply
Depending on the circumstances, you may also be eligible to pursue claims under general maritime law, the Jones Act, or other international conventions that may provide broader remedies. These alternative legal pathways can offer compensation for a wider range of damages, including pain and suffering, emotional distress, or punitive damages—none of which are available under DOHSA.
An experienced maritime attorney can carefully assess the details of the incident, determine which laws apply, and guide you toward the most effective legal strategy to maximize your recovery and protect your family’s future.
Why You Need an Experienced DOHSA Attorney
Because DOHSA restricts damages and has jurisdictional nuances, consulting a wrongful death at sea attorney is vital. A seasoned lawyer can help secure the maximum allowable compensation and protect your rights throughout the legal process.
If you’ve lost a loved one in a tragic maritime accident, understanding your rights under the Death on the High Seas Act is essential. While no compensation can replace your loss, taking legal action can help bring accountability and financial stability during a difficult time. At BoatLaw, LLP, we’re here to guide you through every step of the process with compassion, clarity, and experienced maritime legal support.
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
