What Is the Death on the High Seas Act?

Did you know that in an accident more than three miles offshore, neither state nor general maritime law applies?

When you reach the three-mile mark, fatal vessel accidents are covered by the Death on the High Seas Act (DOHSA). 

The Death on the High Seas Act is a federal law that applies to workers and passengers who experience an accident resulting in their death:

• More than three miles offshore on a vessel; or
• More than 12 miles offshore on a commercial aircraft. 

DOHSA applies when someone’s death “is caused by wrongful act, neglect, or default occurring on the high seas.”

Who Can Sue Under DOHSA?

The personal representative of the deceased person can sue under DOHSA. Lawsuit proceeds go to immediate family members, such as the decedent’s spouse, parent, or child. This act ensures that those closest to the deceased have the right to seek justice and compensation for their loss.

What Do You Have to Prove?

To successfully sue under DOHSA, you have to prove that your loved one’s death was caused by negligence or by a faulty vessel or aircraft. This shows that the responsible parties failed to exercise reasonable care or that the vessel or aircraft was unseaworthy or defective. 

For instance, if a ship captain consumed alcohol while on duty, impairing their ability to navigate safely, this would be a clear case of negligence. Similarly, if improper storage of chemicals caused an explosion, these scenarios would meet the standard for negligence. 

The plaintiff has the burden of proof to establish these elements to the court’s satisfaction.

What Can You Recover Under DOHSA?

DOHSA allows survivors of someone killed at sea to recover only pecuniary losses, such as loss of financial support. This means compensation is limited to the financial contributions the deceased would have provided to their family members had they lived. These can include lost wages, loss of inheritance, and other financial benefits that would have accrued over the deceased’s expected lifetime.

Further, DOHSA does not allow family members to claim expenses accrued by their loved one or their loved one’s estate. The act primarily focuses on compensating for the financial impact on the survivors rather than covering the costs incurred due to the death.

However, if someone injured at sea files a claim and then dies while the claim is pending, family members can continue the claim under DOHSA. For this reason, you should speak to a maritime lawyer immediately after your loved one sustains critical injuries at sea to preserve all potential claims so the family can pursue them promptly.

When Can You Sue?

Under DOHSA, you can file a claim as soon as your loved one is injured or killed offshore. It is best to take legal action as soon as possible after an accident because critical evidence will likely disappear over time. Memories of witnesses can fade, and physical evidence may be lost or destroyed. Acting quickly helps preserve the integrity of the evidence and strengthens the case.

Further, the Death on the High Seas Act statute of limitations is three years. This means you cannot file a lawsuit more than three years after the accident. Adhering to this timeline is crucial because failing to file within the statutory period will likely result in losing your right to seek compensation.

Should You Sue Under DOHSA?

Since DOHSA offers such a limited remedy, family members usually prefer to file under state law or maritime law for more favorable damages if they can.

For instance, when comparing the Death on the High Seas Act vs. the Jones Act, the differences are significant.

You can recover pain and suffering under the Jones Act, whereas you cannot under DOHSA. Depending on the case, this difference could be substantial.

However, when DOHSA applies, it preempts all other laws, meaning you usually can’t file a claim under state law or other maritime law. This preemption limits the options available to the survivors and underscores the importance of understanding the nuances of maritime law.

In some instances, such as wrongful death claims against a maritime employer, you can file a Jones Act claim. As mentioned, this strategy can prove advantageous because the Jones Act gives more relief than DOHSA. It is essential to consult with a maritime lawyer who can evaluate the case’s specifics and determine the best legal strategy to maximize the compensation for the survivors.

How a Maritime Lawyer Will Investigate to Determine Blame for the Death

A maritime lawyer plays a crucial role in investigating the circumstances surrounding a death at sea to determine liability. They begin by gathering comprehensive evidence, including accident reports, maintenance logs, and the vessel’s safety records. The lawyer will interview witnesses, crew members, and other relevant parties to obtain detailed accounts of the incident. 

An experienced attorney may also work with maritime experts to analyze technical aspects and identify any regulatory violations or mechanical failures. Several types of experts are essential in a maritime death investigation. Examples include: 

• Maritime engineers can assess the vessel’s condition and identify mechanical failures. 
• Safety experts evaluate compliance with maritime safety regulations. 
• Medical examiners provide insights into the cause of death and link injuries to the incident. 
• Accident reconstruction specialists analyze the sequence of events leading to the death. 
• A maritime lawyer may consult a weather expert to understand the environmental conditions during the incident. 

These experts collectively provide comprehensive analysis and testimony to support the investigation and legal proceedings. Other experts review the deceased’s employment and medical records to establish a clear link between the negligence or fault and the death. This thorough investigation helps build a strong case to demonstrate liability and secure fair compensation for the victim’s family.

Contact a Maritime Lawyer

Since DOHSA rules are complex, you should speak to an experienced maritime attorney before taking legal action.

At Armstrong Lee & Baker LLP we represent clients who have experienced tragic maritime accidents.

We can explain maritime law complexities and advise you on the best legal strategy to recover compensation for your loved one’s death.

Contact us today for a free consultation to learn more about your legal options.

Disclaimer: This content should not be construed as legal advice