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Death on the High Seas Act (DOHSA)

The death of a loved one in a maritime accident leaves families not only grieving but facing serious financial and legal questions. Federal law addresses these situations, and our maritime attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner can review your family’s legal options.

If your family lost someone in an offshore incident, your rights under the Death on the High Seas Act (DOHSA) may differ significantly from those available in a standard wrongful death or injury case. Call (713) 222-7211 or reach out online to schedule a free consultation.

What Is the Death on the High Seas Act?

DOHSA (46 U.S.C. §§ 30301–30308) is one of three federal statutes that provide recovery for maritime accidents and injuries, alongside the Jones Act and the Longshore and Harbor Workers’ Compensation Act. Each addresses a different category of harm, and DOHSA specifically covers wrongful death claims arising from incidents that occur on the “high seas.” The law defines this as more than three nautical miles offshore.

State boundaries determine where territorial waters end, and DOHSA picks up where state wrongful death laws no longer reach. The statute protects families of workers and non-workers alike.

Who Is Covered Under DOHSA?

DOHSA covers anyone who dies in a qualifying high-seas incident, regardless of their nationality or the vessel’s flag. The act might apply to:

  • offshore oil and gas workers;
  • commercial fishermen;
  • cargo ship crew members;
  • people on cruise ships;
  • aviation passengers over international waters; and
  • recreational boaters and divers.

Coverage depends on the location of the death rather than the citizenship of the person or who owned the vessel. Whether the deceased was on a U.S.-flagged ship or a foreign-flagged carrier, the statute applies the same way under federal law.

Legal Grounds for a DOHSA Claim

A DOHSA claim requires proof that someone’s wrongful conduct, negligence, or default caused the death. Common grounds for recovery include:

  • negligence by the vessel owner or operator;
  • unseaworthy condition of the vessel;
  • defective equipment or machinery;
  • failure to provide proper safety training;
  • inadequate medical care aboard; and
  • violations of federal maritime regulations.

Cases involving oilfield accidents on the outer continental shelf often raise claims under additional federal statutes in addition to DOHSA. The applicable law depends on the incident location, employment status, and cause of death.

Offshore fatalities arise from a wide range of incidents unique to the maritime environment, including:

  • explosion injuries and platform fires;
  • vessel collisions and sinkings;
  • crane and rigging failures;
  • drowning incidents and severe weather events at sea; and
  • helicopter crashes during crew transport.

What Compensation Is Available Under DOHSA?

DOHSA limits recovery to pecuniary damages, the measurable financial contributions the deceased would have provided. Compensation generally covers:

  • lost income and financial support;
  • the value of household services;
  • funeral and burial costs paid by family members; and
  • loss of expected inheritance.

The statute does not permit damages for grief, loss of companionship, or the survivors’ emotional suffering. One notable exception under DOHSA applies to commercial aviation disasters: deaths from aircraft accidents beyond 12 nautical miles out over international waters may allow non-pecuniary damages, but still, no punitive damages are allowed.

Who Can Benefit From a DOHSA Claim?

While personal representatives bring the DOHSA claim, specific family members benefit from the financial recovery, including:

  • the deceased’s spouse;
  • children of the deceased;
  • parents of the deceased; and
  • dependent relatives.

Texas residents generally file DOHSA cases in the Southern District of Texas, given the federal nature of the claim. State wrongful death statutes do not govern incidents that occur beyond the three-nautical-mile boundary, making federal action the option for families following a wrongful death at sea.

How Our Houston Maritime Team Handles DOHSA Cases

Since 1951, our firm has secured billions in verdicts and settlements for injury victims and their families across Texas. We regularly handle offshore cases involving incidents in the Gulf of Mexico.

We approach each DOHSA matter by:

  • conducting an independent investigation of the incident;
  • coordinating with maritime safety and industry experts;
  • reviewing vessel records, equipment logs, and federal agency findings;
  • managing federal court litigation from filing through resolution; and
  • providing direct updates as the case develops.

DOHSA matters involve federal procedural rules, international evidence gathering, and corporate defendants with substantial legal and financial resources. Federal agency findings from the U.S. Coast Guard, the National Transportation Safety Board, and the Bureau of Safety and Environmental Enforcement frequently play a central role in gathering evidence and building a case.

Our maritime lawyers know how to work with federal agencies to build claims that account for the reality of what happened from the start, while keeping your family informed throughout.

FAQ: Common Questions About DOHSA Cases

What Is the Statute of Limitations for DOHSA Claims?

Claims under the Death on the High Seas Act are generally subject to a three-year statute of limitations under general maritime law, codified at 46 U.S.C. § 30106, though deadlines vary for commercial aviation cases, acts of war, claims where the United States is a defendant, certain cruise ship injuries, and other circumstances. Always consult a legal professional to confirm the correct deadline for your situation.

How Does Comparative Fault Affect a DOHSA Claim?

DOHSA follows comparative fault rules that do not bar recovery if the deceased contributed to the accident. If the deceased shared some responsibility, the family’s recovery is reduced by the assigned percentage of fault rather than eliminated. A finding of 25% fault, for example, reduces the award by that share.

Can the Family of a Cruise Ship Passenger File a Federal Maritime Claim?

Yes. DOHSA applies to cruise ship passengers who die in incidents caused by negligence that occur more than three nautical miles from U.S. shores. Many cruise itineraries reach qualifying waters quickly after departure, meaning deaths from onboard accidents, medical neglect, or vessel emergencies frequently fall under the act.

Contact Our Houston Maritime Attorneys Now

Time matters in DOHSA cases, and waiting can narrow the options available to your family. At Abraham Watkins, our attorneys are ready to help you find answers and pursue the recovery your family deserves.

Call (713) 222-7211 or reach out online to schedule a free consultation with our Houston maritime attorneys. We work on contingency, because we believe everyone deserves access to high-quality legal representation without an upfront cost.

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