Helicopter Crashes in the Gulf: Does DOHSA Apply?

Helicopter flights to and from offshore platforms are a daily part of life in the Gulf of Mexico, and accidents sadly happen. Families are left with painful questions about fault, rights, and what law actually controls a claim. The answer often turns on where the crash happened and what the helicopter was doing at the time.

Shlosman Law Firm is a New Orleans personal injury firm that helps families after serious offshore and aviation incidents. Our goal here is clear: explain when the Death on the High Seas Act, often called DOHSA, applies to Gulf helicopter crashes and what that means for your recovery. If you have questions while reading, reach out and we will talk through your situation.

What is the Death on the High Seas Act (DOHSA)?

DOHSA is a federal law passed in 1920 that allows certain family members to bring a wrongful death claim when a person dies due to negligence on the high seas. In most maritime cases, it applies to deaths that occur more than 3 nautical miles from the U.S. shoreline. For commercial aviation accidents, congress set a 12 nautical mile limit.

The group allowed to bring a claim is defined by the statute. Eligible claimants generally include the decedent’s spouse, children, parents, or other dependents who relied on the person for support.

Families often want to know who can file and what they could recover under this law. Typical eligible claimants include:

• Surviving spouse
• Biological or adopted children
• Parents
• Other dependent relatives who received financial support

Claims under DOHSA focus on financial harm to the family. That focus affects both strategy and potential outcomes in a case.

With those basics in mind, we can look at how DOHSA meets the unique setting of Gulf helicopter transportation and offshore work.

DOHSA and Helicopter Crashes in the Gulf of Mexico

The short answer is yes, DOHSA can apply to a Gulf helicopter crash, even when the helicopter is ferrying workers to or from an offshore platform. The controlling question is location. If the helicopter goes down on the high seas, DOHSA often governs.

Courts have long addressed these flights and their ties to offshore work. In Offshore Logistics, Inc. v. Tallentire, the Supreme Court held that DOHSA controlled a helicopter crash that occurred over the high seas, even though the passengers were OCS workers.

There is another layer. If the incident is closely tied to a platform on the Outer Continental Shelf, OCSLA can come into play. That statute can shift what law applies, depending on the situs of the accident and its connection to offshore mineral operations.

Sorting out which law applies early on helps preserve evidence and shape the claim correctly from day one.

Major Differences Between DOHSA and Other Potential Remedies

Families weighing their options often want a clear apples-to-apples look at how these laws differ. The next sections highlight the main contrasts that affect value and strategy.

Geographic Limitations

DOHSA applies to deaths on the high seas, which generally means more than 3 nautical miles from shore, or more than 12 nautical miles for commercial aviation accidents. If the crash occurs within state territorial waters, a state wrongful death law could apply instead.

OCSLA may also matter if the accident happened on the Outer Continental Shelf. When it applies, OCSLA can incorporate law from the adjacent state, as long as it does not conflict with federal law.

Here is a simple way to frame the location issue:

1. High seas beyond 3 nautical miles, DOHSA usually applies.
2. Commercial aviation beyond 12 nautical miles, DOHSA’s aviation provisions may control.
3. On an OCS platform or OCS waters with a tight tie to extraction work, OCSLA can incorporate adjacent state law.

Location is not just a map pin. It often decides which damages are on the table and which defenses will be raised.

Damages Recoverable

Under DOHSA, families can recover pecuniary losses, such as lost financial support, services, and funeral costs. Dependent children can also claim the loss of parental guidance. Non-economic damages, such as grief or loss of companionship, are generally not available under DOHSA, though commercial aviation accidents carry some exceptions.

When OCSLA applies and borrows adjacent state law, the range of damages can expand. Some states allow non-economic damages in wrongful death claims, which can make a large difference to the family.

Each path brings its own rules on who can recover and what proof is needed. Comparing them early can shape investigation and settlement talks.

Seaman Status

DOHSA does not require the decedent to be a seaman. It covers passengers and workers alike if the death occurred on the high seas.

If the person was a seaman, the Jones Act might provide another route for the family. The right choice depends on job duties, the vessel connection, and where the accident occurred.

Families often ask which path pays more. The answer turns on facts like wages, dependents, and which damages the law allows in that forum.

Comparative Liability

Comparative fault applies in DOHSA cases. If the evidence shows the decedent carried some share of responsibility, the award can be reduced by that percentage.

This same concept shows up in many maritime and aviation claims. Clear, early investigation can limit unfair fault arguments.

Understanding these differences helps you decide where to file and how to build proof. Next, we look at how OCSLA can change the picture in platform-related cases.

The Outer Continental Shelf Lands Act (OCSLA) and Its Impact

OCSLA can govern accidents that occur on platforms and structures attached to the seabed of the Outer Continental Shelf. When OCSLA applies, courts often use the wrongful death law of the adjacent state, unless that law conflicts with federal law.

Application often turns on a few questions. Courts in cases like Alleman v. Omni Energy Services Corp. have discussed whether the location meets OCSLA’s situs test and whether the work bears a strong tie to offshore mineral operations.

If you are sorting through platform-linked facts, these questions usually matter:

• Did the crash occur on the OCS or involve work closely tied to OCS extraction?
• Is there a strong connection between the flight and the platform’s operations?
• Would using adjacent state law conflict with federal policy or maritime law?

Where the helicopter went down still matters a lot. In Tallentire, DOHSA controlled because the crash occurred over the high seas, even though the trip involved OCS work.

OCSLA can broaden damages, yet DOHSA can preempt state-law remedies when the situs is the high seas. Sorting out that line is a big part of many Gulf helicopter cases.

Statute of Limitations

DOHSA has a three-year statute of limitations. That clock usually starts on the date of death.

Quick action helps protect your claim. Witness memories fade, flight data can be lost, and platform records get archived, which can make proving fault much harder later.

There are some practical steps that help families in the first few weeks. Keeping a short list can make a tough time a bit more manageable.

• Save pay records, tax returns, and benefits statements that show financial support.
• Keep any flight information, texts, or emails related to the trip.
• Write down names of coworkers, platform personnel, and responders who reached out.

If you cannot gather these right away, do not worry. We can help track them down from official sources when we step in.

Have You Lost a Loved One in a Gulf Helicopter Crash? Contact Shlosman Law Firm

Our firm stands with families hit by maritime and offshore tragedies. We hold companies and insurers to account, and we push hard for full compensation under the law that best fits your facts.

Feel free to call 504-826-9427 or visit our website to talk about your options. There is no pressure, and we can map out the next steps together.

We approach every case with focus and drive. Our firm is committed to results, and we work to put your family back on solid ground.