Death on the High Seas Act Lawyer (DOHSA)
The Death on the High Seas Act (DOHSA) serves to compensate family members after their loved ones are killed in international waters. In order for a claim to be made under the DOHSA, the death at issue must have occurred because of another party’s wrongful act, neglect, or default.
After a loved one’s death at sea, victims’ families may be able to bring a wrongful death claim under the Death on the High Seas Act. The statute of limitations to do this is three years from a maritime death that meets the necessary criteria. Proving fault in DOHSA cases is often challenging, as gathering evidence of negligence for wrongful deaths at sea might be difficult. By compiling evidence from accident reports, witness statements, surveillance footage, and medical reports, your family can recover compensation for certain economic damages following a victim’s wrongful death at sea.
For a free and confidential case evaluation with the Death on the High Seas Act lawyers at Rivkind Margulies & Rivkind, P.A., call today at (305) 204-5369.
What Deaths Does the Death on the High Seas Act Apply To?
The Death on the High Seas Act, or the DOHSA, was created in 1920 to hold maritime employers accountable and provide a pathway to recovery for family members of wrongful death victims killed while working on the water. Over the years, the DOHSA has been expanded to include victims of other accidents that might occur at sea and result in a victim’s death.
Types of Victims
Maritime work can be extremely dangerous, resulting in many wrongful death cases each year. Suppose your loved one recently died while working a maritime job or as a cruise ship employee. If their death was due to negligence on their employer’s behalf and occurred at least three miles off the coast of the United States, the Death on the High Seas Act might apply to your case, according to 46 U.S.C. § 30302.
Though initially intended only to provide a pathway to compensation for families of maritime workers killed on the job, the DOHSA has been expanded to also allow compensation for family members of victims that die in airplane accidents that occur at least 12 miles from U.S. territorial waters. Our DOHSA lawyers can help determine if an accident occurred in a location that allows for a claim to be made under the Death on the High Seas Act, by pinpointing the exact site of an accident.
Reasons for Deaths
Furthermore, when filing a claim under the DOHSA, the death must have happened because of another party’s wrongful act, neglect, or default. Negligent acts committed by vessel owners that can cause fatal accidents on the high seas include failure to provide proper maintenance and upkeep for a vessel or replace old or poorly maintained equipment. Maritime employers or vessel owners might be found negligent if they did not conduct the proper safety inspections. Failure to tend to hazardous conditions on a vessel can also be considered negligence, as can failure to provide enough lifeboats for crew and passengers. Not providing the proper safety equipment or medical care to passengers and failing to follow safety procedures are also examples of negligence under the DOHSA.
Still, there are many other forms of negligent conduct that can cause fatal accidents on the high seas. The main criteria for bringing a claim under DOHSA is where a victim’s death occurred and whether or not it was caused by a negligent, reckless, or intentionally wrongful act.
What is the Difference Between the Death on the High Seas Act and the Jones Act?
There are key differences to remember between the Death on the High Seas Act and the Jones Act. The Jones Act serves to provide compensation to seamen who are injured during the course of their employment. In order for claims to be made under the Jones Act, victims must have been hurt while assisting in the operation of the covered vessel. For example, employees on cruise ships will be covered by the Jones Act for on-the-job injuries they sustain.
The DOHSA does not carry the same occupational necessity outlined by the Jones Act. This means that the DOHSA also covers passengers who suffer fatal accidents on maritime vessels over three miles outside the coast of the United States. For example, the family of a cruise ship passenger who fell overboard may be compensated under the DOHSA, but not the Jones Act. Additionally, the DOHSA will cover deaths suffered by airline passengers after crashes that occur at least 12 miles from territorial waters.
During your free case review, our lawyers can help determine if you should seek compensation through the DOHSA or through the Jones Act, based on the circumstances of your loved one’s death. Both the DOHSA and the Jones Act offer different types of compensation to eligible plaintiffs and require different elements to be proven in order for plaintiffs to be successful.
Categories of Damages Available Through the Death on the High Seas Act
While the Death on the High Seas Act provides a pathway to recovery for certain family members of maritime employees and passengers wrongfully killed at sea, it severely restricts recovery amounts. That said, you may be able to recover additional compensation after filing a lawsuit under the Death on the High Seas Act by bringing a separate claim under the Jones Act.
After a death that occurs on the high seas, there are multiple forms of compensation available to victims’ family members. In order for a claim made under the Death on the High Seas Act to succeed, the claimant must be a dependent of the deceased mariner. Spouses, children, parents, grandchildren, and other dependent relatives may all recover payment. However, the categories of damages that may be awarded are limited to financial losses suffered by qualifying family members. Those close to a victim may be able to recover damages for loss of expected financial support, cost of counseling services, loss of inheritance, and loss of familial services, in addition to other economic losses.
Unfortunately, claims for non-economic damages may not be made under the Death on the High Seas Act. Accordingly, victims’ family members will be unable to recover payment for their grief and mental anguish. Furthermore, claims for loss of consortium and loss of society are also prohibited under the DOHSA. However, the DOHSA does not prevent victims’ family members from recovering additional compensation for non-economic damages under the Jones Act, which can increase the damages they can receive in a separate claim.
Time Limit to File a Claim Under the Death on the High Seas Act
While the Death on the High Seas Act does provide a method of recovery for families of maritime wrongful death victims in the United States, it does not do so indefinitely. There is a strict statute of limitations for wrongful death claims under the DOHSA, as there is for wrongful death claims that arise out of incidents on land.
After a death that occurs on the high seas, the victim’s family will typically have three years to file claim for benefits under the Death on the High Seas Act. This statute of limitations is similar to individual state filing deadlines for wrongful death claims, which typically range between one to three years in the United States. Failure to adhere to this deadline could cause you to miss out on crucial compensation.
Furthermore, claims made under the DOHSA require a great deal of preparation. Investigating maritime accidents can be difficult, especially if an employer or company wishes to evade liability for an accident that caused a victim’s wrongful death. Claimants must present evidence that demonstrates that the required elements have been met. Accordingly, the longer you wait to begin building your case, the more difficult it can become to gather necessary evidence. The sooner you act after a death on the high seas, the more easily our team can collect the information needed to support your claim.
Proving Negligence in a Death on the High Seas Act Claim
Deaths that occur from accidents on maritime vessels can be difficult to investigate for many reasons. If you wish to bring a DOHSA claim to get justice for your loved one, gathering evidence of fault by speaking with eyewitnesses, reviewing accident reports, and getting statements from experts can help you achieve your goal.
The Death on the High Seas Act applies to deaths that occur because of another party’s wrongful act, neglect, or default. To be successful in your claim, you must prove as much.
There are several forms of evidence that can be used to accomplish this task. For example, our attorneys may interview witnesses to learn their version of events and whether or not they observed negligence first-hand. Information provided by accident reports can also identify a negligent party and their fault for a death at sea. Surveillance footage from nearby security cameras might show a death as it occurred or wrongful acts leading up to a death. Other helpful evidence in a DOHSA claim includes statements from experts and personal recollections.
Because there is little room for error in these cases, it is important to seek help from our attorneys who can help investigate the cause of an accident on the high seas. Afterwards, our team will help victims’ families collect evidence and determine the proper course of action, which will likely be to file a lawsuit.
While proving fault in these cases can be challenging, it is important to acknowledge the lower burden of proof standard used in such claims. In civil claims, including DOHSA lawsuits, the burden of proof standard is the preponderance of the evidence standard. As opposed to criminal cases where the burden of proof is beyond a reasonable doubt, plaintiffs in DOHSA claims must prove that it is more likely than not that a victim’s death was caused by a negligent maritime employer or another party, depending on the circumstances surrounding an incident.
If You Need to File a Claim Under the Death on the High Seas Act, Our Attorneys Can Help
For a free and confidential case evaluation with the Death on the High Seas Act lawyers at Rivkind Margulies & Rivkind, P.A., call today at (305) 204-5369.
