Death on the High Seas Act | DOHSA
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DOHSA Overview · Definitions · Statute of Limitations · Read/Download the Entire DOHSA
The Death on the High Seas Act (DOHSA) was enacted by congress in 1920 in order to codify the provisions that the government requires for families of sailors and seamen who perish in international waters. The act allowed the families to claim recover damages based on the future earning potential of the lost crewmen. Unfortunately, the amount recovered depended on the value of the salvaged ship, which limited the claims of many widows and orphans.
The DOHSA was amended in 2000 to take into account not only financial and economic losses but for also the emotional hardship the loss of a loved one can cause. Another revision came with the FAA Reauthorization Bill. Because aircraft are now used for so many roles that were traditionally filled by maritime vessels congress deemed it fit to extend the DOHSA to cover air disasters that occur over international waters. This amendment was not without controversy because the expanded coverage applied to airline flights but limited damage recovery for some claimants.
If you lost someone in international waters you may have the ability to seek restitution for your emotional and financial suffering. Let a dedicated, experienced, and compassionate attorney help you through these trying times and fight for your voice to be heard. Contact a qualified and knowledgeable admiralty attorney today.
The Death on the High Seas Act is designed to cover most maritime deaths that occur beyond "one nautical league" or three miles from the coast of the United States, its territories, possessions, or dependencies. These deaths must be due to "wrongful act, neglect, or default" on the part of the allegedly responsible party, such as the vessel owner, crewmember, or airline.
Families of victims can often not only collect compensation for economic loss, but can also sometimes claim emotional damages as well. There is no doubt that losing someone is tragic, but so many deaths on the high seas leave so many unresolved questions which can complicate not only the grieving process but also legal arrangements as well.
If you lost someone on the high seas you may have the right to take legal action against those responsible. Let a compassionate and dedicate maritime law professional help you through this difficult time, and help you find the courage to fight for justice. Call someone today.
Statutes of limitations are laws courts use to restrict the amount of time an aggrieved party has to take legal action to redress their situation. These laws are different throughout the 50 states, but they generally give people between one and three years after their incident to consider their options.
Maritime law can be very complicated at times, and sometimes you must take action before the first anniversary of your accident in order to preserve your claim. The statutes of limitations can vary depending on the extent of the injury, where it occurred, and what conditions caused it.
Protect yourself and your rights and contact a knowledgeable maritime law attorney today. Do not risk losing a potential settlement by failing to act quickly. An experienced, dedicated attorney is ready to fight for your rights today.
DEATH ON THE HIGH SEAS ACT (DOHSA) UNDER MARITIME LAW
46 USCS Appx § § 761 et seq.
761. Right of action; where and by whom brought
Whenever the death of a person shall be caused by wrongful act, neglect, or default
occurring on the high seas beyond a marine league from the shore of any State,
or the District of Columbia, or the Territories or dependencies of the United
States, the personal representative of the decedent may maintain a suit for
damages in the district courts of the United States, in admiralty, for the
exclusive benefit of the decedent's wife, husband, parent, child, or dependent
relative against the vessel, person, or corporation which would have been
liable if death had not ensued.
(Mar. 30, 1920, ch. 111, § 1, 41 Stat. 537.)
762. Amount and apportionment of recovery
The recovery in such suit shall be a fair and just compensation for the pecuniary loss sustained by the persons for whose benefit the suit is brought and shall be apportioned among them by the court in proportion to the loss they may severally have suffered by reason of the death of the person by whose representative the suit is brought.
(Mar. 30, 1920, ch. 111, § 2, 41 Stat. 537.)
763a. Statute of Limitations- Death on the High Seas Act
Unless otherwise specified by law, a suit for recovery of damages for personal injury or death, or both, arising out of a maritime tort, shall not be maintained unless commenced within three years from the date the cause of action accrued.
(Pub. L. 96-382, § 1, Oct. 6, 1980, 94 Stat. 1525.)
764. Rights of action given by laws of foreign countries
Whenever a right of action is granted by the law of any foreign State on account of death by wrongful act, neglect, or default occurring upon the high seas, such right may be maintained in an appropriate action in admiralty in the courts of the United States without abatement in respect to the amount for which recovery is authorized, any statute of the United States to the contrary notwithstanding.
(Mar. 30, 1920, ch. 111, § 4, 41 Stat. 537.)
§ 765. Death of plaintiff pending action
If a person die (sic) as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default, the personal representative of the decedent may be substituted as a party and the suit may proceed as a suit under this chapter for the recovery of the compensation provided in section 762 of this Appendix.
(Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537.)
766. Contributory Negligence
In suits under this chapter the fact that the decedent has been guilty of contributory negligence shall not bar recovery, but the court shall take into consideration the degree of negligence attributable to the decedent and reduce the recovery accordingly.
(Mar. 30, 1920, ch. 111, § 6, 41 Stat. 537.)
§ 767. Exceptions from operation of chapter
The provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this chapter. Nor shall this chapter apply to the Great Lakes or to any waters within the territorial limits of any State, or to any navigable waters in the Panama Canal Zone.
(Mar. 30, 1920, ch. 111, § 7, 41 Stat. 538.)
Overview
