Losing a loved one in a maritime accident is devastating, and the legal process that follows can be especially confusing. Unlike many wrongful death cases that are governed by state law, fatalities that occur far from the U.S. shoreline may fall under a federal law known as the Death on the High Seas Act (DOHSA).
DOHSA establishes who may bring a claim and what types of compensation may be available when a death occurs beyond U.S. territorial waters. Because the law differs significantly from traditional wrongful death statutes, families should understand how it may impact their rights after a fatal maritime accident.
What Is the Death on the High Seas Act?
The Death on the High Seas Act (DOHSA) is a federal law that provides a legal remedy when a person dies due to wrongful conduct occurring beyond a certain distance from the U.S. coastline. It applies to many fatal accidents involving commercial vessels, offshore operations, and other maritime incidents on the high seas.
Rather than relying on state wrongful death laws, eligible claims are brought under this federal statute when DOHSA applies.
When Does DOHSA Apply?
DOHSA generally applies when a wrongful death occurs beyond three nautical miles from the shore of the United States.
Depending on circumstances, the law may apply to fatalities involving:
- Commercial vessels
- Offshore oil and gas operations
- Cargo ships
- Fishing vessels
- Certain aviation accidents over international waters
Determining whether DOHSA applies depends on where the accident occurred and the specific facts surrounding it.
Who Can Bring a DOHSA Claim?
A DOHSA claim is generally brought on behalf of the deceased person’s surviving family members. While the lawsuit is typically filed by the personal representative of the deceased’s estate, any recovery is intended to benefit eligible surviving relatives identified under the statute.
The individuals entitled to recover may include a surviving spouse, children, parents, or other qualifying dependents, depending on the circumstances.
Because eligibility is governed by federal law, identifying the proper beneficiaries is an important part of the claims process.
What Damages Can Families Recover?
One of the most important features of DOHSA is that it generally limits recovery to pecuniary (financial) losses that are suffered by surviving family members.
These damages commonly include loss of financial support, loss of household services, and funeral expenses in certain circumstances.
The purpose of these damages is to compensate surviving family members for measurable economic losses resulting from the death.
What Damages Are Generally Not Available Under DOHSA?
Unlike many state wrongful death laws, DOHSA places important limitations on the types of damages that may be recovered.
In many cases, families can’t recover non-economic damages like pain and suffering experienced by surviving family members, loss of companionship or consortium, and emotional distress.
These limitations often come as a surprise to families who are familiar with traditional wrongful death claims under state law.
DOHSA May Overlap With Other Maritime Laws
Not every fatal maritime accident is governed solely by DOHSA. Depending on the facts of the case, other federal maritime laws may also impact the family’s rights.
For example, claims involving seamen, offshore workers, or vessel owners may involve additional legal doctrines or statues. Determining which laws apply requires a careful review of the accident, the location of the accident, and the deceased person’s employment status.
Because maritime law is highly specialized, these issues can become legally complex.
Time Limits May Apply
Families considering a DOHSA claim should be aware that the federal maritime claims are subject to legal deadlines. Waiting too long to investigate or file a claim can jeopardize the ability to recover compensation.
In addition to filing deadlines, evidence can disappear quickly following a maritime accident, which further highlights why taking prompt legal action is especially important.
Why Legal Guidance Matters
Wrongful death claims under DOHSA differ significantly from traditional state wrongful death lawsuits. That’s why having the proper legal guidance advocating for you is so important. Make sure you reach out to Cueria Law Firm today.
