When a seaman dies as a result of an employer's negligence or because of an unseaworthy vessel, the worker's family may file for benefits under the Death on the High Seas Act (DOHSA). The incident must occur on the high seas, more than three nautical miles from shore. The personal representative of the deceased brings the DOHSA action on behalf of the decedent’s spouse, child or children, parent, or other financially dependent relative. DOHSA recovery does not preclude a remedy under
general maritime law.
A DOHSA suit must be filed within three years from the date of the seaman's death. A plaintiff usually receives damages for pecuniary loss.
Some of the more common causes of wrongful death at sea are boat capsizing, fire or explosion, improper cargo handling, crane, winch and tow line accidents, faulty equipment, improperly-trained personnel, lack of functioning emergency equipment and/or unqualified medical personnel.
If you have lost a loved one, contact our experienced nationwide
DOHSA Attorneys at the
maritime law firm of Schechter, McElwee, Shaffer & Harris, L.L.P. by email at
info@smslegal.com or by phone at (800) 836-5830.