Losing a loved one in a maritime accident can be emotionally devastating and financially overwhelming. Enacted by Congress in 1920, the Death on the High Seas Act (DOHSA) is a federal law that allows the family members of a fatal maritime accident victim to seek compensation for their financial losses. It is a type of wrongful death claim specific only to deaths that occur due to negligence on the high seas. If you have lost a loved one in a maritime accident, it’s important to understand what the Act is, who is eligible to recover compensation, and what types of damages are available.

Key Takeaways

• The Death on the High Seas Act allows financially dependent family members to recover damages for the pecuniary losses associated with losing a loved one in an accident on the “high seas.”
• The “high seas” is defined under the Act as beyond three nautical miles from a U.S. shore. It does not apply to accidents in state territorial waters.
• The Act covers fatalities in connection with a wide range of maritime incidents, including cruise ships, commercial fishing, and certain aviation accidents.

What is the Death on the High Seas Act?

The Death on the High Seas Act is meant to ensure that family members can pursue financial compensation for the loss of a loved one when their death results from a negligent or reckless act on international waters. The Act does not apply to boating accidents that occur in state territorial waters. In order to be eligible for monetary recovery under DOHSA, the following criteria must be met:

• The death must have been the result of negligence, a wrongful act, or default;
• The accident must have occurred on the “high seas,” which is defined as beyond the three-mile nautical-mile limit from a U.S. shore (12 nautical miles for aviation accidents);
• The victim was a seaman, passenger, or worker on a vessel (or aircraft covered under the Act);
• The claimant is an eligible family member; and
• The claim is filed within three years from the date of the accident.

Adhering to the above jurisdictional, procedural, and evidentiary requirements is the first step in establishing a valid claim under the Death on the High Seas Act. Critically, since the Act is highly nuanced, it’s important to consult with a knowledgeable attorney who can determine whether you satisfy the eligibility criteria.

What Types of Accidents are Covered Under DOHSA?

While international waters are home to everything from massive cruise ships to oil rigs and small fishing vessels, the Death on the High Seas Act covers a wide range of accidents. The Act applies to fatalities in connection with maritime incidents such as:

• Ship collisions
• Cruise ship fatalities
• Capsizing or sinking
• Equipment failure
• Structural failures
• Commercial fishing boat accidents
• Tour boat and ferry accidents
• Onboard fires and explosions
• Unseaworthiness (negligence vessel maintenance)
• Commercial helicopter or airplane crashes

It’s essential to be aware that while the law covers a broad scope of vessels and activities, there are certain exceptions. Notably, DOHSA generally does not cover fatalities arising from accidents on offshore drilling rigs, which are typically governed by the Outer Continental Shelf Act.

Who Can File a DOHSA Claim?

A Death on the High Seas Act claim can be filed by the personal representative of the victim’s estate on behalf of their surviving family members. This individual may be named in the victim’s will or appointed by a court. Dependent relatives who can recover as beneficiaries under the Act can include:

• The victim’s spouse who was married to the victim at the time of their death
• Children, including biological and adopted children (in some cases, dependent stepchildren)
• Parents who financially relied on the victim
• Siblings who qualify as financial dependents of the victim

Other family members who relied on the victim for financial support may also be able to financially recover.

What Compensation is Available in a DOHSA Claim?

Only pecuniary damages are awarded in a claim brought under the Death on the High Seas Act. While the Act only allows for the recovery of monetary losses, family members are not compensated for their emotional damages, loss of affection, grief, or pain and suffering. Specifically, recoverable damages under DOHSA can include compensation for the following:

• Funeral expenses: Reasonable funeral and burial expenses can be recovered as pecuniary losses under DOHSA. This can include the costs associated with the funeral service, cremation, mortuary services, transportation of the decedent’s remains, and other related expenses.
• Financial support and contribution: Compensation may be awarded for the loss of the victim’s income and the financial benefits they would have provided to their family, including their future earnings.
• Loss of services: The victim’s family may be entitled to recover the monetary value of the victim’s non-pecuniary contributions to the household, including maintenance, repairs, transportation, and other services.
• Loss of nurture to dependent children: If the victim had minor children, they may be entitled to recover compensation for the lost intellectual, moral, and physical training and guidance their parents would have provided them. This is a category of pecuniary damages that is distinct from emotional damages, which are not recoverable under DOHSA.
• Loss of inheritance: Loss of inheritance is a type of pecuniary damages that compensates for the wealth the victim would have accumulated during their lifetime and passed on to their heirs if they died due to natural causes.

Significantly, if the victim meets the definition of a “seaman” who was killed during the course of their employment, the Jones Act may apply, allowing for a broader scope of damages than those that may be awarded in a DOHSA claim.

Contact an Experienced Alaska Personal Injury Attorney

If you lost a loved one in a maritime accident, it’s crucial to have a personal injury attorney by your side who understands the nuances of the Death on the High Seas Act. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, provides trusted representation for clients facing a wide range of personal injury matters, including those involving accidents on the water. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.