For families on the Gulf Coast and across the nation, the tragic loss of a loved one in an offshore accident brings immeasurable grief. When that death occurs far from shore, on the vast expanse of the “high seas,” the legal landscape for seeking justice shifts dramatically. The Death on the High Seas Act (DOHSA) is a critical federal law that provides a specific, albeit limited, remedy for wrongful deaths occurring beyond U.S. territorial waters. Navigating DOHSA’s precise requirements and unique limitations requires highly specialized legal knowledge.
At our firm, our experienced DOHSA Lawyers are dedicated to guiding grieving families through this complex process, fighting to secure the maximum financial compensation available under this vital statute.
The Death on the High Seas Act (46 U.S. Code § 30301 et seq.), signed into law in 1920, is a federal maritime statute designed to provide a uniform cause of action for wrongful deaths occurring on the high seas. Prior to DOHSA, there was often no federal remedy for such deaths, leaving grieving families without recourse.
The defining characteristic of DOHSA is its jurisdictional reach: it applies “when the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States.”
DOHSA was enacted to fill a significant void in maritime law. Before its passage, if a person died more than three miles offshore due to someone else’s fault, their family often had no legal right to compensation. DOHSA provided this right, ensuring that families could seek damages for their pecuniary losses.
DOHSA can apply to various individuals and scenarios, regardless of whether the deceased was a maritime worker or a passenger:
While DOHSA provides a vital remedy, it is unique among wrongful death statutes for its strict limitations on the types of damages recoverable. This is a critical point that families must understand.
DOHSA generally limits recovery to “pecuniary losses” suffered by the deceased’s qualifying beneficiaries. Pecuniary losses are financial losses that can be calculated with some degree of precision. These typically include:
This is a key limitation of DOHSA. Unlike many state wrongful death statutes, DOHSA generally does not allow recovery for non-pecuniary losses, which are often the most significant part of a family’s suffering. These include:
(Note: As mentioned above, commercial aviation deaths under DOHSA are an exception and can recover for loss of care, comfort, and companionship.)
Under DOHSA, if the deceased person’s own negligence contributed to their death, it does not bar recovery entirely. Instead, the “comparative negligence” standard applies, meaning the total damages awarded will be reduced proportionally to the percentage of fault attributed to the deceased.
The application of DOHSA can be complex, often requiring analysis of its relationship to other federal maritime statutes depending on the deceased’s status and the location of the accident.
For a seaman (a crew member on a vessel) who dies due to employer negligence, both the Jones Act and DOHSA might seem to apply.
The Jones Act provides a wrongful death remedy against the deceased seaman’s employer, allowing for recovery of both pecuniary damages and, in some cases, the deceased’s pre-death pain and suffering (via a survival action).
If a seaman’s death occurs beyond three nautical miles from shore due to a non-employer’s negligence, DOHSA would typically apply against that third party, but its limitations on damages would remain. An experienced attorney can often bring concurrent claims under both acts against different responsible parties to maximize recovery.
If a non-seaman dies due to negligence or unseaworthiness within U.S. territorial waters (within three nautical miles of shore), General Maritime Law (often supplemented by state wrongful death laws) usually applies. This is significant because General Maritime Law wrongful death claims, unlike DOHSA, often allow for recovery of non-pecuniary damages, such as loss of society and companionship.
As noted, the 2000 amendment to DOHSA created a specific carve-out for commercial aviation accidents over the high seas (beyond 12 nautical miles). In these cases, family members can recover non-pecuniary damages for loss of care, comfort, and companionship, a notable exception to DOHSA’s general pecuniary-only rule.
Losing a loved one is devastating, and navigating the unique legal challenges of DOHSA can be overwhelming. The strict limits on damages and the interplay with other laws make expert legal representation indispensable.
Determining whether your loved one’s death falls under DOHSA or another maritime (or even state) law hinges on precise facts like the exact location of death, the nature of the vessel, and the deceased’s employment status. Our attorneys are skilled at analyzing these complex factors to ensure your claim is brought under the correct statute.
Even though DOHSA limits damages, you still must prove that the death was caused by a wrongful act, neglect, or default. This often involves extensive investigation, accident reconstruction, and expert testimony to establish liability against the responsible vessel owner, operator, employer, or other parties.
Given DOHSA’s restriction to pecuniary losses, it is crucial to accurately calculate and maximize these damages. We work with forensic economists to project lost future earnings, value lost services, and quantify other financial contributions the deceased would have made to their family.
In some complex cases, elements of your loved one’s death might fall under multiple legal frameworks (e.g., DOHSA for the death on the high seas, and a Jones Act survival action for pre-death pain and suffering for a seaman). An experienced DOHSA attorney can skillfully coordinate these claims to maximize overall recovery.
DOHSA generally has a three-year statute of limitations from the date of death. Missing this deadline means permanently losing your right to compensation. Our firm acts quickly to investigate and file claims, protecting your family’s legal rights.
Only the “personal representative” of the deceased’s estate can bring a DOHSA action. This personal representative then pursues the claim for the benefit of the deceased’s spouse, child(ren), parent(s), or other financially dependent relatives.
This is a strict measurement from the baseline of the U.S. coast. The exact location of the incident is critical and will be a key point of investigation in any DOHSA case.
Generally, no. DOHSA strictly limits recovery to “pecuniary losses.” This means damages for grief, mental anguish, loss of society, and loss of companionship are typically not recoverable under DOHSA for traditional maritime deaths. The exception is for commercial aviation deaths covered by the Act.
Under DOHSA itself, recovery for the deceased’s pre-death pain and suffering is generally not allowed unless the deceased filed a personal injury lawsuit before death and then died from those injuries while the lawsuit was pending. However, for a deceased seaman, such damages might be recoverable under the Jones Act survival action, which can sometimes be pursued alongside a DOHSA claim.
Yes, if the cruise ship passenger’s death was caused by a wrongful act, neglect, or default, and occurred more than three nautical miles from any U.S. shore, DOHSA would apply.
The sudden and tragic loss of a loved one in an offshore accident is an unbearable burden. When that death occurs on the high seas, the specific and limited nature of the Death on the High Seas Act (DOHSA) can add to the confusion and heartache. You don’t have to navigate these complex federal laws alone.
At our firm, our Gulf Coast DOHSA Lawyers bring extensive experience to these sensitive cases. We are committed to meticulously investigating the cause of death, rigorously calculating all recoverable pecuniary damages, and fighting tirelessly to secure the justice and financial stability your family deserves. Contact us today to begin grieving the death of your loved one without the added legal stress.
