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If your family member was involved in a maritime accident and passed away, a Death on the High Seas Act (DOHSA) lawyer with Armstrong Lee & Baker LLP can assist in securing compensation for the financial loss that your family faces.
DOHSA provides legal recourse when a loved one dies due to wrongful acts, neglect, or default in international waters. Passed in 1920, DOHSA covers deaths that occur more than three nautical miles from US shores. Damages you can seek through a DOHSA claim include funeral expenses, financial support, and loss of inheritance that the deceased would have provided had they lived. You may also recover the value of the lost household services and contributions the deceased provided to your family.
Unlike in some wrongful death cases that happen onshore, emotional losses, such as pain and suffering or loss of companionship, are typically not included in the recoverable damages. However, these financial recoveries can still provide significant relief when your family is grieving and facing financial uncertainty. A DOHSA lawyer can help you assess what damages you are entitled to and work with you to quantify the total loss so that your family is adequately compensated.
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Time is an important factor when filing a claim under DOHSA. The statute of limitations for DOHSA claims is three years from the date of death. If you fail to take legal action within this period, your claim may be barred entirely.
You should be mindful of this timeline, especially considering the complications that often arise in maritime cases. Unlike land-based accidents, investigating and gathering evidence may take longer when dealing with international waters. It’s essential to hire a DOHSA lawyer promptly to ensure all necessary steps are taken within the allowed timeframe.
DOHSA claims aren’t open to just anyone. The law allows for relatives who depended on the deceased financially to file a claim. These include the spouse, children, parents, and possibly others. It focuses on those who were directly impacted by the death in terms of financial dependence.
If you relied on the income or services of the deceased, you may be eligible to pursue compensation under DOHSA. The claim aims to address the financial void created by the loss, and as such, it prioritizes those dependent on the deceased for their livelihood. This financial dependence is a key factor that your DOHSA lawyer will help demonstrate when filing the claim, ensuring that the right beneficiaries are recognized.
DOHSA applies to various incidents as long as they occur beyond three nautical miles from U.S. shores. The most common incidents involve commercial maritime accidents, such as ship collisions, fatal accidents on cruise ships, sinking vessels, or crew member fatalities. However, the scope of DOHSA isn’t limited to ship-related incidents. If an aircraft crashes over international waters and results in death, DOHSA also applies.
The law defines the term “beneficiary” as immediate family members financially dependent on the deceased. This usually includes the spouse, children, or parents of the deceased. However, other relatives who relied on the deceased for financial support may also qualify. A DOHSA lawyer will guide you through determining eligibility and demonstrating the financial dependence needed to qualify for recovery under the act.
By taking action under DOHSA, you help protect your family’s financial future and hold accountable those responsible for the terrible tragedy. Contact us online or call 832-669-6161 to schedule a free consultation with a DOHSA lawyer from Armstrong Lee & Baker LLP.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
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Armstrong, Lee & Baker did an absolutely wonderful job with my case. The resolution of my case was above and beyond what I expected! Shruti, the associate who handled my case showed great professionalism and I could not be more satisfied with the outcome. Thank you all!...
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