When a person dies due to negligence or misconduct at sea, their family may seek justice through a wrongful death claim. The Death on the High Seas Act (DOHSA) addresses maritime deaths. Here is a closer look at how DOHSA impacts wrongful death claims on the high seas.
The scope and limits of DOHSA
DOHSA applies to fatal maritime accidents over three nautical miles offshore. If the accident or negligence happened closer to shore, state or general maritime laws may apply instead. Families seeking compensation under DOHSA must file their claim within three years of the accident. Yet, the scope of recovery under DOHSA is narrower than under state wrongful death laws.
Unlike state laws, DOHSA restricts damages to pecuniary losses. This means qualifying family members can recover only financial losses. Non-economic damages, such as loss of companionship, do not get covered. This limitation can reduce the compensation available to the victim’s family.
Interaction with other claims
DOHSA preempts state laws and general maritime principles but does not eliminate other potential claims. For example, if a seaman’s employer and another party are both at fault, the family can file a claim under the Jones Act and a DOHSA claim at the same time. The Jones Act may offer higher damages if the employer’s negligence contributed to the death.
Understanding the nuances of DOHSA and wrongful death claims at sea can help families navigate their legal options. For anyone facing such a tragic situation, seeking legal advice might make a significant difference.
While DOHSA provides a framework for seeking compensation. Families may still have options through other claims. Knowing these differences helps families manage their expectations and find the right ways to address their loss.