Death on the High Seas Act

“When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible” (46 USC 303).

What is the Death on the High Seas Act?

The Death on the High Seas Act (DOHSA) provides legal remedy for anyone who loses a family member to death on the high seas beyond three nautical miles from the United States shoreline. The DOHSA also covers those killed in commercial airline accidents that happen beyond 12 nautical miles from the U.S. shore. Legal remedy means the surviving family members or dependents can file a claim for compensation to cover:

• Funeral costs
• Loss of current and future financial support
• Costs of counseling
• Other financial burdens caused by the death

How can DOHSA Help Me?

Unlike the rest of the Jones Act, which only applies to seamen, the DOHSA extends to the following:

• Workers and passengers on vessels who are killed beyond three nautical miles from U.S. shore
• Workers and passengers on commercial flights who are killed beyond 12 nautical miles from U.S. shore

Action under the DOHSA must be entirely for the benefit of these family members of the deceased:

• Spouse
• Children
• Dependent parents
• Other dependent family members

For the DOHSA to apply, the family member who files must demonstrate that wrongful behavior or negligence on the part of a person or vessel led to their loved one’s death. DOHSA cases often involve, but are not limited to:

• Capsized or sunken vessel
• Equipment malfunction
• Breach of safety requirements
• Fire or explosion
• Failure to provide proper medical care
• Inadequate training of personnel

You need a law firm with experience in maritime law and the resources to build you a powerful case. The skilled and dedicated maritime attorneys of Lamothe Lea Aertker, LLC will conduct a full investigation of the incident to help you prove wrongful death and receive a settlement that reflects all of your losses.

What Damages May be Recovered?

The DOHSA provides for compensation for economic loss. Damages include all financial support that would have been provided over the course of the deceased’s lifetime including, but not limited to the following:

• Lost wages and other financial contributions
• Household services
• Care and guidance to children
• Expenses resulting from the death of the loved one

In the case of commercial airline accidents, the family may seek additional compensation for “loss of care, comfort and companionship” (46 USC 303).

Calculating a dollar amount for the loss of a family member and provider can be very complicated since it is not limited to the yearly income of the deceased. Negotiating a settlement without representation can easily lead to a settlement far smaller than is rightfully due. Let us help you protect your future interests. If you have lost a loved one at sea, contact Lamothe Lea Aertker, LLC immediately.

When Should I File a DOHSA Lawsuit Claim?

The sooner you file your lawsuit claim, the better. Evidence becomes harder to find and a case gets weaker the longer you wait to file. There is also a limited time during which you are able to file called the statute of limitations. The statute of limitations for DOHSA is three years after the incident that caused the death occurred. If you do not file a claim within those three years, you forever lose the right to do so. It’s important to hire an attorney who can immediately begin researching the case and aggressively pursuing compensation on your behalf within the time limit.

What if My Loved One Died After Sustaining an Injury on the High Seas?

The DOHSA applies only to those who die while at sea. If a loved one is injured at sea and dies as a result, then you may still have legal options other than the DOHSA. If you have lost someone due to injury at sea contact Lamothe Lea Aertker, LLC. Our mission is to ensure that you receive compensation for your loss, and we will explore every available option.

There is one occasion when the DOHSA will allow families to collect damages due to death following injury at sea. If an injured seaman dies while in the process of taking action against a negligent party, then a representative of the seaman can step into their place and continue to pursue damages. The family of the seaman can also file a case for wrongful death at this point.

Our Experience and Resources Will Work for You

The lawyers of Lamothe Lea Aertker, LLC are committed to securing the maximum compensation for clients. We are experienced in cases involving death on the high seas. Our firm successfully filed a DOHSA claim for Jo Ann Freeman, widow of Ben Joe Freeman. Her husband was killed while consulting for ADTI when a gas blowout occurred. During this tragic time, Lamothe Lea Aertker helped Mrs. Freeman to collect a substantial settlement to fairly compensate for the financial impact of the death of her husband.

Contact Us

Act now. The statute of limitations for filing a DOHSA claim is three years, but the sooner you take action the better. If you have lost someone to death on the high seas, please contact the law firm of Lamothe Lea Aertker, LLC, today online or by phone at 877-249-6801 to see if you are eligible for compensation. We offer a free consultation during which we will discuss your legal rights and options.