Death on the High Seas Act (DOHSA) Claims
When a fatal accident happens at sea, families are often left searching for answers. In some cases, an employer’s negligence or unsafe working conditions may have contributed to the tragedy. When this happens, surviving family members may be able to pursue compensation.
In maritime wrongful death cases, courts often apply the Death on the High Seas Act (DOHSA). At Cueria Law Injury Lawyers, we help offshore workers and their families understand their rights under maritime law. Furthermore, our legal team works to help victims and their loved ones pursue the compensation they deserve.
Support and Compensation for Families After a Maritime Death
The Death on the High Seas Act is a federal admiralty law passed in 1920. Its purpose is to allow family members to recover damages when a loved one dies due to negligence in international waters.
Originally, the law focused on maritime workers such as seamen. However, it has since expanded to include victims of airline accidents that occur over international waters.
Essentially, DOHSA holds employers accountable for maintaining safe working conditions offshore. As a result, companies must follow safety standards to protect workers at sea.
Seamen and harbor employees often work in hazardous environments. In addition, they perform physically demanding and dangerous tasks every day. Because of these risks, maintaining a safe workplace is critical for protecting the lives of maritime workers.
Example of Death on the High Seas Incidents
Several types of accidents may lead to a claim under the Death on the High Seas Act. For example, common incidents include:
Vessel Collisions
Collisions between ships are among the most dangerous devastating accidents in the maritime industry. These incidence can cause catastrophic injuries or fatalities.
Maritime Workplace Accidents
Many maritime accidents happen because of falling object, equipment failures, or unsafe working conditions. In addition, slips and falls, fishing accidents, and winch failures are also common.
Diving Accidents
Commercial driving is an extremely dangerous profession. As a result, diving accidents can sometimes lead to serious injury or death.
Understanding the Death on the High Seas Act
Shipyard workers and seamen should understand their rights under maritime law. For example, injuries or deaths may occur due to:
- Explosions or fires
- Burn injuries
- Machinery accidents
- Equipment faillures
- Unsafe working conditions
When a fatal accident occurs, surviving family members may file a claim under the Death on the High Seas Act (DOHSA).
An experienced maritime attorney can help families navigate these complex laws. At Cueria Law Injury Lawyers, our legal team helps file claims on behalf of spouses, children, and other qualifying family members.
However, DOHSA limits the type of damages that can be recovered. Compensation is generally restricted to financial losses suffered by the family. For example, this may include lost financial support from the deceased.
On the other hand, non-pecuniary damages are typically not available. These damages may include loss of companionship, emotional suffering, or future medical costs.
Additionally, DOHSA only applies in certain situations. Specifically, the death must occur at least three nautical miles from the shoreline.
Speak With a Maritime Attorney
Losing a loved one in an offshore accident is devastating. However, you do not have to face the legal process alone.
If you have lost a family member due to an offshore accident, our attorneys are here to help. First, we will review the details of your case. Then, we will determine whether the Death on the High Seas Act applies. Finally, we will begin the process of pursuing compensation on your behalf.
Contact Us for a Free Case Review
Cueria Law Injury Lawyers is ready to assist you. Our team has experience handling complex maritime injury and wrongful death claims.
You can our office today to request a free case evaluation. (504) 525-5211
The sooner you contact us, the sooner we can begin working to secure the compensation your family deserves.
