When someone dies in international waters due to negligence or wrongdoing, families often feel overwhelmed and unsure of what comes next. The Death on the High Seas Act (DOHSA) gives surviving family members certain rights to seek compensation and hold responsible parties accountable.
Understanding the Death on the High Seas Act
The DOHSA applies when a death happens more than three nautical miles from the shore of the United States. This federal law allows certain family members to recover damages if the death was caused by negligence or an unseaworthy vessel. It commonly applies to cases involving cruise ships, commercial vessels, and aviation accidents over open waters.
If you’re the spouse, child, or dependent relative of someone who died at sea, you may be eligible to file a claim. The law focuses on financial losses like lost income, funeral costs, and loss of support. Emotional damages like pain or suffering aren’t covered under this act.
Who can file a claim and what can they recover?
Only the personal representative of the deceased’s estate can file a claim under DOHSA. This person acts on behalf of the family members who qualify for compensation. To qualify, you must prove that negligence or an unseaworthy condition directly caused the death.
Compensation usually includes lost future earnings, loss of financial support, and funeral expenses. The law aims to ease the financial burden that comes with the sudden loss of a loved one. However, every case is different, so the amount you may recover depends on several factors.
What makes DOHSA different from other laws?
Unlike state wrongful death laws, DOHSA does not allow recovery for grief or emotional loss. It only covers pecuniary (financial) damages. Also, DOHSA has a time limit. You generally have three years from the date of death to file a claim.
This law is important because it ensures families have a path to compensation when a loved one dies far from shore. It helps hold companies and vessel operators accountable for unsafe conditions or careless behavior.
The Death on the High Seas Act protects families by offering a way to recover financial losses after a tragedy at sea. If someone else’s negligence caused your loved one’s death, you have the right to pursue compensation under federal law.
