Understanding The Death On The High Seas Act
When tragedy strikes in international waters and you lose a loved one due to negligence or unsafe conditions, the Death on the High Seas Act (DOHSA) provides a legal avenue for justice. However, this federal law contains significant limitations that can drastically reduce the compensation available to grieving families.
At Tabak Mellusi & Shisha LLP, our experienced maritime wrongful death attorneys understand the complex interplay between federal maritime laws and the challenges families face after losing a loved one at sea. We have successfully represented families throughout New York City, fighting tirelessly to obtain maximum compensation under applicable maritime statutes.
How Does DOHSA Limit Available Damages?
The DOHSA significantly restricts the types of damages available to families, compared to typical land-based wrongful death cases. DOHSA usually limits recovery to purely financial losses, excluding compensation for pain and suffering, loss of companionship, and other noneconomic damages.
Under DOHSA, families can generally recover:
- Funeral expenses and burial costs
- Loss of existing financial support from the deceased
- Loss of expected future earnings and benefits
- Other direct financial costs caused by the death at sea
The emotional trauma and personal losses that matter most to grieving families receive no monetary recognition under this restrictive federal statute.
Do Jones Act Protections Override DOHSA Limitations?
Fortunately, seafarers covered by the Jones Act retain broader rights that override DOHSA limitations. Jones Act seamen can pursue comprehensive damages, including pain and suffering and loss of companionship, that DOHSA typically excludes.
Professional mariners working aboard vessels in navigation generally qualify for Jones Act protections, while passengers and some maritime workers may fall under the more restrictive DOHSA provisions.
Why Are Strict Deadlines Critical In Maritime Cases?
Passenger tickets and maritime contracts often impose extremely short deadlines for filing claims, sometimes as brief as six months. These contractual limitations can completely bar your right to seek compensation if not met, regardless of the strength of your case.
Death at sea cases require immediate legal intervention to preserve evidence, protect witness testimony and comply with all applicable notice requirements and filing deadlines.
Protecting Your Family’s Rights After Maritime Tragedy
If you lost a loved one in a maritime wrongful death incident, contact our New York Death on the High Seas Act lawyers immediately. Call us at 800-781-8419 or use our online contact form to schedule your free consultation.