Losing a loved one in an offshore accident is devastating. When that loss happens far from shore, the legal process can feel even more overwhelming. The Death on the High Seas Act, often called DOHSA, is a federal law that allows certain surviving family members to seek compensation when a maritime worker dies on the high seas.
At The Maritime Injury Law Firm, we help families across Louisiana and the Gulf Coast understand their rights after tragic offshore accidents. Attorney George Vourvoulias has spent decades handling maritime wrongful death cases and guiding families through complex federal laws. If your loved one died while working offshore, understanding how DOHSA applies is an important first step.
What Does the Death on the High Seas Act Cover?
Congress passed DOHSA in 1920 to give families a federal legal remedy when a wrongful death occurs on the high seas. Before this law existed, families of maritime workers often had no clear path to compensation after an offshore death.
Today, DOHSA is codified at 46 U.S.C. §§ 30301–30308. Under the statute, a wrongful death claim may be brought when a death is caused by negligence, a wrongful act, or a failure to act, as long as the accident occurred more than three nautical miles from the U.S. shoreline.
There are a few key points families should understand:
- The location of the accident, not where death occurred, determines whether DOHSA applies
- DOHSA can also apply to certain aviation accidents over the ocean
- If the death occurred within three nautical miles of shore, the Jones Act or state wrongful death laws may apply instead
In many cases, laws like the Jones Act can offer broader remedies for surviving family members. Determining which law applies requires a careful review of the facts.
Who Can File a DOHSA Claim?
DOHSA limits who may recover compensation. Only certain surviving family members are eligible, and they must typically show financial dependence on the deceased.
Eligible claimants may include:
- A surviving spouse
- Children
- Parents
- Other dependent relatives
Dependent children may include biological children, adopted children, or stepchildren. In some cases, common law spouses may qualify, depending on the laws of the state involved and the specific circumstances of the relationship.
What Compensation Is Available Under DOHSA?
Unlike many land-based wrongful death claims, DOHSA only allows recovery for pecuniary losses. These are measurable financial losses suffered by surviving family members.
Examples of recoverable damages under DOHSA include:
- Loss of financial support
- Loss of household services
- Loss of inheritance in certain cases
However, DOHSA does not allow compensation for non-economic damages. This means families generally cannot recover for pain and suffering, loss of companionship, or emotional distress under this law.
DOHSA also does not permit recovery for pre-death pain and suffering experienced by the deceased. Because these limits can significantly affect a family’s recovery, it is important to explore whether other maritime laws may apply in addition to or instead of DOHSA.
When Must You File a DOHSA Claim?
Whether you’re filing in Louisiana or federal court, DOHSA claims must be filed within 3 years of the date of death.
Waiting too long can permanently bar your right to compensation. That’s why it’s crucial to contact a maritime attorney as soon as possible. The Maritime Injury Law Firm can help you file on time and preserve your claim.
DOHSA vs. Other Maritime Laws
DOHSA cases are often complex because they can overlap with other maritime laws. For example, if an accident begins on the high seas but ends closer to shore, determining which law applies can be challenging.
DOHSA also applies only to wrongful death claims. If a worker is injured offshore and later passes away on land, other laws, such as general maritime law or the Jones Act, may provide a more appropriate legal framework.
An experienced maritime attorney can evaluate where the accident occurred, how it happened, and which laws offer the strongest protections for your family.
Contact the Maritime Injury Law Firm for a Free Consultation
If your loved one died while working offshore, you do not have to face the legal process alone. At The Maritime Injury Law Firm, we understand the emotional and financial strain families experience after a maritime tragedy.
Our team has extensive experience handling DOHSA claims and other maritime wrongful death cases across Louisiana and the Gulf Coast. Contact us today for a free, confidential consultation so we can help you understand your options and protect your family’s future.
FAQs About the Death on the High Seas Act
What qualifies as the “high seas” under DOHSA?
The high seas are generally defined as waters more than three nautical miles from the U.S. shoreline. The location of the accident is what matters, not where death occurred.
Does DOHSA apply to all offshore worker deaths?
No. DOHSA only applies when the death occurs on the high seas. If the accident happened closer to shore, other maritime or state laws may apply.
Do I have to prove negligence in a DOHSA claim?
Yes. To recover compensation under DOHSA, you must show that negligence or a wrongful act contributed to your loved one’s death.
Can I recover damages for emotional loss under DOHSA?
No. DOHSA limits recovery to financial losses and does not allow compensation for pain and suffering or loss of companionship.
How long do I have to file a DOHSA claim?
Most DOHSA claims must be filed within three years of the date of death. Missing this deadline can prevent recovery entirely.
Why should I work with a maritime attorney on a DOHSA case?
DOHSA is a federal law with strict limits and deadlines. A maritime attorney can determine whether DOHSA applies, identify other possible claims, and help your family pursue the strongest legal option available.
