Guiding New Orleans Families Through Maritime Wrongful Death Claims
Losing a family member in an accident at sea is devastating on its own. The legal process that follows can then feel disorienting when the death happened far from home. The Death on the High Seas Act, often called DOHSA, is a federal law that applies specifically to deaths that occur more than three nautical miles from the shore of the United States. It covers a wide range of maritime deaths, from offshore platform accidents and cargo ship incidents to cruise line fatalities that occur once a vessel is far enough out to sea. Frischhertz & Impastato helps New Orleans families understand and pursue these claims.
See how one of our compassionate DOHSA attorneys in New Orleans can help you. Call (504) 276-6962 today for a free consultation.
How DOHSA Differs from Other Wrongful Death Claims
Louisiana has its own wrongful death and survival actions, but those state remedies generally do not apply once a fatal accident occurs beyond the three-nautical-mile line. DOHSA fills that gap, but it works differently than a typical state wrongful death claim.
Under DOHSA, the only parties who may bring a claim are the decedent’s:
Spouse
Children
Parents
Other dependent relatives
The recoverable damages are limited to pecuniary losses, meaning financial losses, such as lost future income, loss of financial support, and loss of services that the decedent would have provided. DOHSA generally does not allow recovery for the pain and suffering that the decedent experienced before death, nor for the survivor’s grief, a surprise for many families who thought DOHSA would work more like a traditional wrongful death claim.
There is also an important distinction for maritime workers specifically. If the deceased was a seaman covered by the Jones Act, the family have a separate wrongful death claim under that statute, which can allow for a broader range of damages than DOHSA alone.
Sorting out which law, or combination of laws, applies to a specific death, requires a careful look at where the incident occurred, the nature of the decedent’s work, and the vessel or platform involved.
What New Orleans Families Need to Know
Because DOHSA claims often arise from complex maritime incidents that involve multiple parties, such as a vessel owner, an equipment manufacturer, and an employer, an early investigation matters. Evidence like maintenance logs, weather data, radio communications, and crew statements can be lost or altered if not preserved quickly. Our New Orleans DOHSA lawyers move fast to secure that evidence and to identify every party who may share responsibility for the death.
Standing with Grieving Families
We understand that no settlement changes what a family has lost. What we can do is take the legal burden off a grieving family’s shoulders and pursue answers and accountability from the parties responsible. And we know that insurance companies and large maritime corporations tend to respond differently to firms that are known for their willingness to litigate.
At Frischhertz & Impastato, we work as a team, not as single attorneys who handle cases in isolation. Our team of eight attorneys works collaboratively to carry the legal weight so your family does not have to carry it alone, and so that we can prepare every wrongful death claim with trial-ready discipline and the insights that come with our more than 85 years of combined legal experience. We have recovered more than $700 million for our clients.
See how our Death on the High Seas lawyers in New Orleans can help you: call (504) 276-6962. We offer virtual consultations and Spanish-language support for families anywhere along the Gulf Coast.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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