What Is the Death on the High Seas Act (DOHSA)?
The Death on the High Seas Act (DOHSA) is a federal maritime law. It allows families to recover compensation when a loved one dies because of a wrongful act on the open ocean.
Under DOHSA, the “high seas” means waters more than three nautical miles from the shore of the United States. In other words, the law applies to deaths that occur beyond state territorial waters.
Because state wrongful death laws do not apply in these areas, DOHSA fills that legal gap. Therefore, if someone you love passed away offshore, federal maritime law may control your case.
For guidance specific to your situation, speak with a New Orleans personal injury lawyer who understands maritime claims.
Origin and Purpose of DOHSA
Congress enacted DOHSA in 1920. At the time, families had limited legal options when a death occurred offshore. As a result, the law created a federal remedy for survivors.
DOHSA applies to deaths caused by:
- Negligence
- Wrongful acts
- Unseaworthiness of a vessel
Unlike traditional wrongful death claims under state law, DOHSA claims arise under federal maritime jurisdiction. Therefore, they follow different legal standards and procedures.
How DOHSA Defines the “High Seas”
The term “high seas” refers to waters beyond three nautical miles from U.S. shores. This boundary is critical.
If a death occurs within three nautical miles, state wrongful death laws usually apply. However, if the incident happens beyond that limit, DOHSA governs the claim.
Because this distinction affects the type of damages available, courts carefully review where the incident occurred.
What Types of Incidents Does DOHSA Cover?
DOHSA applies broadly to maritime deaths that occur offshore. For example, it may cover:
- Vessel collisions
- Offshore drilling accidents
- Maritime workplace injuries
- Cruise ship incidents
- Explosions on oil rigs
- Other offshore maritime operations
These law protects seamen, passengers, and other individuals whose deaths result directly from wrongful acts on navigable waters beyond the three-mile limit.
Time Limits and Who May File a Claim
DOHSA claims must be filed within three years, according to 46 U.S. Code § 30106. If the deadline passes, the claim will likely be barred.
In addition, the lawsuit must be filed by the personal representative of the deceased’s estate. The recovery is limited to pecuniary damages, meaning financial losses suffered by surviving family members.
These damages may include:
- Loss of expected earnings
- Loss of financial support
- Loss of services the decedent provides
However, DOHSA does not allow recovery for non-economic damages, such as emotional distress or loss of companionship. Although this limitation has faced criticism, it remains a defining feature of the Act.
Federal Maritime Jurisdiction and Uniformity
DOHSA claims are handled in federal court under admiralty jurisdiction. Because of this, federal maritime law controls the case.
Importantly, DOHSA preempts state wrongful death statutes for death occurring on the high seas. This rule promotes uniformity in maritime cases. At the same time, it imposes specific procedural requirements on claimants.
Limits on Non-Economic Damages
One major difference between DOHSA and many state wrongful death laws involves non-economic damages.
Under Louisiana law, families may recover damages for grief, loss of companionship, and emotional suffering. In contrast, DOHSA limits recovery to financial losses only.
As a result, compensation under DOHSA may be lower than what might be available under state law. Therefore, determining which law applies is often crucial to the outcome of a case.
Jurisdictional Challenges Near the Three-Mile Boundary
In some cases, disputes arise when an incident occurs near the three0mile boundary. When this happens, courts closely examine the facts to determine whether DOHSA or state law applies.
Because the applicable law affects both damages and legal standards, this jurisdictional question can significantly impact the final recovery.
Legal Grounds for a DOHSA Claim
To succeed in a DOHSA claim, the plaintiff must prove that the death resulted from:
- Negligence
- A wrongful act
- Unseaworthiness of a vessel
- Another actionable maritime tort
Unseaworthiness claims are unique to maritime law. They allow recovery when a vessel is not reasonably fit for its intended purpose and that condition contributes to a fatal incident.
Therefore, gathering strong evidence is essential in these complex cases.
Speak With a New Orleans Maritime Attorney About DOHSA
Losing a loved one at sea is devastating. Although no amount of compensation can replace your loss, federal law may provide a path toward financial recovery,
DOHSA claims are both complex and time-sensitive. For that reason, early legal guidance is critical.
At Cueria Law Injury Lawyers, we help families understand their rights under federal maritime law. We know how challenging these cases can be, and we are committed to pursuing justice on your behalf.
If you or a loved on died in an offshore accident, contact our New Orleans personal injury attorneys today for a free confidential consultation.
