The Death on the High Seas Act (DOHSA) is a federal maritime statute that plays a role in providing compensation to families of people who lost their lives as a result of wrongful acts that took place on the open ocean.
More specifically, the “open ocean” is defined as anywhere beyond three nautical miles from the shore of the United States. Furthermore, the Death on High Seas Act addresses wrongful death claims that arise under maritime law.
In other words, it fills a gap in situations where state wrongful death statutes do not apply. If someone you love passed away under these conditions, contact a New Orleans personal injury lawyer for more information about how the Death on High Seas Act impacts your case.
Origin and Purpose of the Death on the High Seas Act
The DOHSA was enacted in 1920 to provide a remedy for survivors of seamen, passengers, and other individuals who die because of wrongful acts, negligence, or unseaworthiness on the high seas.
The act’s purpose is to ensure that families have a legal avenue to recover damages for their losses when a death occurs offshore in circumstances covered by maritime law.
Unlike typical wrongful death claims governed by state law, DOHSA claims arise under federal maritime jurisdiction, and they involve particular legal standards.
Definition of the “High Seas” Under DOHSA
The term “high seas” under DOHSA refers to waters beyond three nautical miles from the shore, which generally marks the limit of the U.S. territorial sea.
This demarcation is very important because it determines whether a death falls under state wrongful death laws or DOHSA. For deaths occurring within state territorial waters, local wrongful death statutes apply. Beyond that boundary, DOHSA governs all other wrongful death claims.
Scope of DOHSA Coverage
DOHSA applies broadly to deaths resulting from incidents involving ships, vessels, or other maritime activities on the high seas. This includes deaths caused by vessel collisions, maritime workplace accidents, offshore drilling rig explosions, cruise ship incidents, and other maritime operations.
The Act’s reach extends to seamen, passengers, and any people whose death occurs as a direct result of wrongful acts, neglect, or unseaworthiness on navigable waters beyond the three-mile limit.
Time Limits and Claimants Under DOHSA
To bring a claim under DOHSA, the deceased’s personal representative must file suit before the statute of limitations expires, which is three years, according to 46 U.S. Code § 30106. The claim is limited to pecuniary damages, meaning compensation for financial losses suffered by the decedent’s survivors.
These losses include the following:
- The loss of the decedent’s expected earnings
- The loss of services
- The loss of support to their family
Unlike some state wrongful death laws, DOHSA does not permit recovery for non-economic damages, such as loss of companionship or mental anguish. This limitation has been the subject of criticism. Even so, it still remains a defining feature of the Act.
Federal Maritime Jurisdiction and Uniformity
DOHSA claims are brought in federal courts under admiralty jurisdiction. This means that federal maritime law governs the substantive issues. The Act preempts state wrongful death statutes for deaths occurring on the high seas.
This is done with the intention of maintaining uniformity in claims involving maritime deaths beyond state waters. That uniformity not only helps streamline the legal process but also imposes specific procedural and substantive rules on claimants.
Limitations on Non-Economic Damages
The limitation on non-pecuniary damages under DOHSA differentiates it from many state wrongful death statutes. Elsewhere, they often allow claims for emotional pain and suffering, loss of consortium, or other non-economic harms.
This distinction often results in lower compensation under DOHSA compared to state law claims for wrongful death cases.
Jurisdictional Challenges and Boundaries
DOHSA’s preemption of state wrongful death claims has been challenged in some cases, particularly where incidents occur near the three-mile boundary.
Courts carefully analyze the facts to determine whether DOHSA or state law applies. This boundary can be a major factor in the overall outcome of wrongful death litigation involving maritime deaths.
Legal Grounds for DOHSA Claims
In addition to providing for pecuniary damages, DOHSA claims require the plaintiff to establish that the death was caused by wrongful acts or negligence, unseaworthiness of the vessel, or other actionable maritime torts.
Unseaworthiness claims are unique to maritime law. They allow for recovery if the vessel was not reasonably fit for its intended purpose and either caused or contributed to the death as a result.
Reach Out to Our Personal Injury Law Firm in New Orleans to Better Understand the Death on High Seas Act
Losing a loved one in an accident at sea is a devastating experience, especially when it was caused by someone else’s negligence. Knowing that the Death on the High Seas Act lets you pursue compensation can be comforting to an extent.
However, we know that it won’t bring back the person you lost, and we also understand that these claims are not only complicated but also time-sensitive. While we wish we could undo the circumstances that resulted in the death of your loved one, we can seek justice on your behalf.
At Cueria Law Firm, our New Orleans personal injury attorneys are committed to helping families like yours assert their rights under this federal maritime law.
