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What is the Death on the High Seas Act (DOHSA)? A Plain-English Guide
Losing a loved one in a maritime accident leaves a hole that words barely touch. The legal side of it feels cold and strange, yet it matters for your family’s future. At the Shlosman Law Firm in New Orleans, we help families pick up the pieces after serious accidents on the water and on land.
Our goal here is simple: give you a clear look at what the Death on the High Seas Act, or DOHSA, covers and how it can help after a tragedy offshore. We assist injured clients and families in maritime cases, offshore injuries, boating accidents, and personal injury claims across the Gulf Coast.
DOHSA: What Do You Need to Know About It?
DOHSA is a federal maritime law that lets certain family members recover financial losses when a person dies on the high seas due to negligence or wrongful acts. It was passed in 1920, and later, adjusted to reflect modern vessels, offshore work, and aviation issues.
Unlike typical state wrongful death claims, DOHSA has its own rules. It focuses on economic losses, and it applies only if the death happens offshore past a set distance from the coast.
Before diving deeper into who qualifies, it helps to pin down what the law means by “high seas.” Distance from shore is the switch that turns DOHSA on or off.
Defining ‘High Seas’ Under DOHSA
Under DOHSA, “high seas” generally means waters beyond three nautical miles from the U.S. shoreline. For commercial aviation accidents, the threshold is farther out, at least 12 nautical miles from shore.
This line matters. Inside those limits, state wrongful death laws usually control a case. Outside them, DOHSA steps in.
| Feature | DOHSA | State Wrongful Death | Jones Act |
| Where it applies | Beyond 3 nm from U.S. shore, aviation at 12 nm | Within state territorial waters and on land | Vessels in navigation where a seaman works |
| Who can bring claims | Spouse, children, parents, dependent family | Varies by state statute | Injured seamen, and estates for death claims |
| Damages | Pecuniary losses only | Often includes economic and non-economic | Economic and some non-economic for seamen |
| Deadline | 3 years from date of death | Varies by state | 3 years from injury or death |
With the boundary clear, the next question is who falls under the law and which types of incidents trigger a claim.
Who is Covered Under DOHSA?
DOHSA applies to deaths caused by incidents involving ships, vessels, or other maritime activity on the high seas. That includes seamen, passengers, and any person whose death stems from wrongful acts, neglect, or an unseaworthy condition.
It covers workers or passengers on vessels if the fatal event occurs beyond the three nautical mile mark. It also reaches workers or passengers on commercial airliners if the crash occurs at least 12 nautical miles from shore.
If the loss happened inside those distances, state or other maritime rules might control. Location is the first puzzle piece to fit.
Requirements to File a DOHSA Claim
Only close and immediate family members can bring a DOHSA claim, and the claim must be tied to negligence or unseaworthiness that caused the death. Courts will look at both the location of the event and the legal relationship to the person who passed.
Eligible surviving family members include the following, listed in no particular order:
- Spouses, including current lawful partners.
- Children, including minor children and legally dependent adult children.
- Parents of the decedent.
- Dependent family members who relied on the decedent for support.
In most cases, you must show that a vessel owner, operator, or another party acted carelessly, or that the vessel was unseaworthy, and that this failure caused the death.
Next comes timing. DOHSA gives families a set window to act, and that clock can run faster than it seems.
Statute of Limitations
Under 46 U.S. Code § 30106, a DOHSA claim must be filed within three years from the date of death. Missing this deadline can end the case before it begins.
Evidence fades quickly at sea, so quick action helps protect your rights. A prompt review can secure records, witness accounts, and vessel data while they are still available.
With eligibility and timing in mind, families often ask what compensation is on the table. DOHSA’s damages are focused and financial in nature.
Compensation Available Under DOHSA
DOHSA limits recovery to pecuniary losses, which are the measurable financial harms caused by the death. The law looks at what the family has lost in dollars and cents, now and in the future.
Depending on the facts, pecuniary damages can include:
- Lost current and future financial support the decedent would have provided.
- Funeral and burial costs paid by eligible family members.
- Counseling expenses tied to the loss.
- Lost wages and benefits that would have supported dependents.
Non-economic damages like pain, suffering, grief, or loss of companionship are not recoverable under DOHSA. Other maritime laws might apply in different settings, but DOHSA is a financial remedy.
Another common issue is shared fault. Even if the decedent made a mistake, families can still pursue a claim under the Act.
Contributory Negligence
Families can recover under DOHSA even if the decedent’s own negligence contributed to the fatal event. The award can be reduced by the percentage of fault assigned to the decedent.
Say an investigation shows the decedent was 20 percent at fault. A court or jury can trim the damages by that same 20 percent.
This brings us to what conduct often counts as negligence offshore. The list below covers frequent issues we see in real cases.
Examples of Negligent Acts
These are common failures and unsafe practices that can support a DOHSA claim when they lead to a loss of life:
- Failure to maintain and repair safety equipment.
- An unseaworthy vessel.
- Improper loading or unloading of cargo.
- Failure to warn or protect workers from hazardous conditions.
- Failure to provide job-specific training.
- Unsafe operation of heavy machinery.
Proving these issues usually involves records, maintenance logs, policies, and witness testimony. Quick preservation of evidence can make a real difference.
If you are weighing the next step, having a steady hand in your corner can take pressure off your family and keep the claim on track.
How Can Shlosman Law Firm Help?
At Shlosman Law Firm, we stand with injured clients and grieving families across Louisiana and the Gulf Coast. We hold corporations and insurers to their promises, and we press for fair compensation backed by facts.
If you want to talk through your options, reach out for a free consultation with a DOHSA and maritime attorney. Call 504-826-9427, visit our website, or email info@shlosmanlaw.com.
We are driven to get families the best outcome possible under the law. Our team works cases from start to finish, and we keep you informed at every step.
