Catastrophic Death on the High Seas Suffered by Seamen and Non-Seamen
The unpredictable nature of maritime work and travel can sometimes result in tragic deaths on the open waters. In such cases, the Death on the High Seas Act (DOHSA) provides a legal avenue for compensation to families of those who have lost their lives due to incidents at sea.
The Law Offices of Charles D. Naylor has extensive experience handling DOHSA cases, offering the guidance and expertise families need during these challenging times.
What Is the Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) is a federal law that provides a path for compensating families of individuals who die due to wrongful acts, negligence, or lack of proper action on vessels at least three nautical miles off the coast of the United States.
DOHSA allows the deceased’s personal representative to file a lawsuit to obtain damages strictly for pecuniary losses suffered by the surviving spouse, children, or dependents. Non-pecuniary damages, such as loss of companionship or mental suffering, are not covered under DOHSA.
For a detailed understanding of the law’s full extent, visit the official DOHSA page on the U.S. Code website.
Catastrophic Death on the High Seas Suffered by Seamen and Non-Seamen
The sea has attracted people for work, play and transportation from the earliest of times. Seamen, commercial fishermen and other maritime workers, such as offshore oil workers, spend much of their lives at sea earning a living and supporting their families.
Cruising on passenger ships is a popular vacation activity for people of all ages. Recreational boaters love the freedom of setting their own course and the smell of salt air. Ships operating as ferries, service boats, and supply boats provide vital transportation in many parts of the world.
But there are dangers at sea that the most careful and experienced seamen, travelers, or boaters can’t always avoid. When these dangers result in catastrophic death, the Death on the High Seas Act (DOHSA) is activated.
People die at sea from many causes:
- Vessels listing, capsizing, or sinking
- Parting of mooring or tow lines
- Fires and explosions aboard ships
- Failure to provide prompt emergency medical attention
- Falling overboard
- Cargo handling accidents
- Crane and winch accidents
- Dangerous or defective equipment
- Collisions with objects or vessels
The remedies that are available for death at sea depend, in part, on whether the person killed was a seaman.
What is DOHSA and How Can a DOHSA Attorney Help You?
Suppose you’ve lost a loved one due to a maritime accident on the high seas. In that case, a DOHSA attorney can help navigate the complexities of this federal statute to seek justice on your behalf. A knowledgeable death on the high seas act lawyer can assist by:
Determining Applicable Laws:
A skilled DOHSA lawyer will ascertain whether the DOHSA statute applies or if other maritime laws can offer more comprehensive relief.
Documenting Pecuniary Losses:
DOHSA only allows recovery for pecuniary (financial) losses. A qualified attorney can help quantify the economic support and contributions the deceased would have provided.
Navigating Jurisdictional Complexities:
An experienced DOHSA attorney knows the nuances of filing claims in state or federal courts and understands how to pursue claims effectively, especially in complex cases involving shipowners or the U.S. government.
DOHSA Limitations
DOHSA limits claims to economic damages only. These limitations may prevent surviving family members from claiming compensation for non-economic damages like loss of companionship or emotional suffering.
This aspect makes DOHSA cases challenging for families looking to seek a full scope of justice for their loss.
Seamen Who Were Killed
For seamen who lose their lives at sea, both the Jones Act and DOHSA may apply. These statutes, designed to protect maritime workers, can offer financial recourse. However, DOHSA limits damages to financial losses alone.
Additionally:
Jones Act vs. DOHSA:
While the Jones Act and DOHSA provide compensation, only DOHSA restricts claims to pecuniary losses.
Available Damages:
DOHSA allows compensation for the decedent’s contributions to their family, such as loss of nurture to children and loss of household services.
For more information on how these acts work in tandem, explore our Jones Act lawyer page.
Non-Seamen Who Were Killed
In cases involving the death of non-seamen, such as cruise passengers or recreational boaters, DOHSA remains applicable if the accident occurs more than three nautical miles from the U.S. coastline. DOHSA provides their families with an opportunity to seek compensation for economic losses due to wrongful death.
In certain situations, such as if the death occurs within state waters, other federal or state wrongful death laws might provide additional compensation options. These laws can offer broader remedies, including compensation for loss of companionship, guidance, and affection that DOHSA does not cover.
For more about our comprehensive services, visit our cruise ship injury attorney page.
Applying State and Federal Maritime Laws
In some cases, such as when a fatality occurs within state waters, other federal or state wrongful death statutes may supplement DOHSA.
These laws may allow recovery for non-pecuniary damages, such as loss of companionship, affection, and mental anguish, which DOHSA does not cover.
Families of cruise line passengers or recreational boaters affected by such incidents should consult an experienced maritime attorney to explore these potential remedies and claim options.
DOHSA Jurisdiction for Non-Seamen
DOHSA typically applies when a death results from negligence or omission occurring on the “High Seas,” precisely three nautical miles or more from the U.S. shoreline, including the District of Columbia and U.S. territories. In these cases, the decedent’s representative may pursue a lawsuit exclusively for the benefit of close dependents, such as a spouse, parent, child, or relative, in either state or federal court.
Limitations on Damages Under DOHSA
The Death on the High Seas Act restricts recoverable damages to pecuniary losses for eligible survivors, such as financial contributions the deceased would have provided.
DOHSA does not cover damages for loss of society, companionship, or emotional suffering. Still, it allows recovery for specific financial contributions, such as losing parental guidance to children or other essential services the decedent provides.
For a broader perspective on wrongful death claims that might cover non-pecuniary damages, consult our about us page to see how we assist in DOHSA and related claims.
Using State Wrongful Death Laws to Supplement DOHSA Claims
In some cases, state wrongful death laws may apply alongside DOHSA, mainly when a fatality occurs within state waters. Many state statutes offer monetary recovery for non-pecuniary losses that DOHSA omits.
A qualified DOHSA lawyer can evaluate your case to determine if additional state or federal maritime laws can offer more comprehensive compensation for your loss.
Increase in Incidents of Deaths at High Seas
The past decade has seen a rise in maritime fatalities due to increasing ocean traffic, larger vessels, and frequent offshore activities. Below is a table illustrating the uptick in fatalities in recent years.
Year | Total Fatal Incidents at Sea |
2015 | 150 |
2017 | 178 |
2019 | 195 |
202 1 | 210 |
2023 | 240 |
The increase highlights the need for robust legal support for families seeking justice under DOHSA.
CHAPTER 303—DEATH ON THE HIGH SEAS
The Death on the High Seas Act (DOHSA), codified in Chapter 303 of Title 46 of the United States Code, establishes legal rights for families who lose loved ones in wrongful death incidents at sea. Let’s delve into the key sections of this act:
30301. Short title.
This section simply assigns the official name “Death on the High Seas Act” to the legislation.
30302. Cause of action.
This critical section defines the conditions under which a lawsuit can be filed under DOHSA.
It states that when a person dies on the high seas due to a “wrongful act, neglect, or default” of another person, the decedent’s personal representative (typically a spouse, parent, or child) can bring a civil action in admiralty (maritime court) for compensation.
30303. Amount and apportionment of recovery.
This section outlines how compensation awarded under DOHSA is determined and distributed. Unfortunately, DOHSA limits recoverable damages to pecuniary losses suffered by the deceased’s dependents.
This includes lost income, financial support the deceased provided, and medical expenses incurred due to the accident. DOHSA does not allow compensation for non-pecuniary losses such as emotional distress, loss of companionship, or grief.
30304. Contributory negligence.
This section addresses situations where the deceased may have contributed to their own death through negligence. DOHSA adopts a modified comparative negligence standard. Any fault attributed to the deceased will be deducted from the total amount of damages awarded.
30305. Death of plaintiff in pending action.
This section clarifies that if the plaintiff (person who brings the lawsuit) dies while a DOHSA claim is pending, the lawsuit can be continued by the decedent’s estate or surviving dependents.
30306. Foreign cause of action.
This section allows a DOHSA lawsuit to be filed in U.S. courts even if the death occurred on a foreign vessel on the high seas, provided certain conditions are met.
30307. Commercial aviation accidents.
This is a later addition to DOHSA and clarifies that the Act does not apply to deaths resulting from commercial aviation accidents.
30308. Nonapplication.
This section specifies instances where DOHSA does not apply. For example, DOHSA wouldn’t apply if the death occurred within the territorial waters of any state (generally within three nautical miles of the coastline). In such cases, state wrongful death laws might offer a broader scope of recoverable damages.
Statute of Limitations for Seaman’s Injury and Death Claims
Whether filed in state or federal court, the statute of limitations for maritime injury and death claims under the Death on the High Seas Act is three years from the date of the injury or death.
If the United States is a party defendant, the statute of limitations is two years from the injury or death.
In cases where the United States is a party, and the seaman was employed by the Maritime Administration (MARAD), the Clarification Act requires the filing of an administrative claim at least 60 days prior to the expiration of the two year statute of limitations.
Death on The High Seas Act Vs. Wrongful Death Attorneys
For families of maritime accident victims, understanding the distinctions between DOHSA and other wrongful death claims is essential. Here’s a brief comparison:
- Damage Scope: DOHSA limits damages to pecuniary losses, while some state wrongful death statutes may include compensation for emotional and psychological impacts.
- Jurisdictional Limits: DOHSA applies only beyond three nautical miles from the U.S. coast, while wrongful death laws can vary based on location and specific circumstances.
For more information on these distinctions, connect with a maritime attorney today to explore your options.
Who Can File a Legal Claim Under DOHSA in the United States?
Only specific family members are eligible to file claims under DOHSA, including:
- Spouses
- Children
- Dependent Parents
- Dependent Relatives
If you need assistance determining eligibility, reach out to our team for a free case review. We’ll help you assess the best course of action based on your unique situation.
We Fight For The Victims’ Rights!
The Law Offices of Charles D. Naylor understands the profound impact of losing a loved one. Our DOHSA attorneys are committed to advocating for families and ensuring they receive the compensation they deserve. Contact us today at 1-888-440-5829 or fill out our free case review form to get started.
Call a Death on the High Seas Act Attorney Today
Our DOHSA attorneys are available 24/7 for a free, no-obligation consultation. To arrange a consultation, please call us today toll-free at 1-888-440-5829. You can also complete our free and confidential case review form on this page, and we will follow up with you directly.
Death on the High Seas Act Attorney Frequently Asked Questions
1. What is the Death on the High Seas Act (DOHSA)?
DOHSA is a federal law that provides legal recourse for families who have lost loved ones in maritime accidents on the high seas. It allows for the filing of wrongful death lawsuits when a death occurs more than three nautical miles from shore due to someone else’s negligence.
2. Who is eligible to file a claim under DOHSA?
The personal representative of the deceased’s estate, typically a spouse, child, or parent, can file a claim under DOHSA.
3. What types of damages can be recovered under DOHSA?
Under DOHSA, damages are limited to pecuniary losses, such as lost wages and medical expenses. Unlike some state wrongful death laws, DOHSA does not allow for compensation for emotional distress, loss of companionship, or punitive damages.
4. What is the statute of limitations for a DOHSA claim?
The statute of limitations for a DOHSA claim is typically three years from the date of death. However, consulting with a death on the high seas act lawyer is crucial to ensure compliance with all applicable deadlines.
5. How can a DOHSA attorney help me?
A death on the high seas act lawyer can help by:
- Investigating the accident to determine liability.
- Gathering evidence to support your claim.
- Negotiating with insurance companies to secure a fair settlement.
- Representing you in court if necessary.
- Advising you on the complexities of maritime law and your rights under DOHSA.
