The Death on the High Seas Act

Over $1 Billion Recovered for Maritime Accident Victims. We are proud to have a reputation for aggressively fighting for the rights of injured workers.

free consultation view our case results

New Orleans DOHSA Lawyers – Help After a Death on the High Seas

Losing a family member in an accident at sea is heartbreaking. When a fatal accident happens far from shore (more than 3 nautical miles out), a specific federal law called the Death on the High Seas Act (DOHSA) usually determines the family’s legal rights.

DOHSA sets the rules for who can file a claim and, very importantly, what kind of money (“damages”) the family can recover. Dealing with a DOHSA claim takes lawyers who really understand this specific law and how it works with other maritime rules. Lambert Zainey is a trusted New Orleans maritime law firm with deep experience handling difficult DOHSA cases. We offer compassionate support and strong legal action for families seeking justice and financial help after losing someone on the high seas.

Lost a Loved One at Sea? Understand Your Rights Under DOHSA.

On This Page

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

The Death on the High Seas Act (DOHSA) is a federal law passed way back in 1920. It creates a way for families to seek justice when someone dies because of a wrongful act, neglect, or default that happens on the “high seas.” It was made so there would be one main rule for deaths happening far offshore, outside of state waters.

The key thing about DOHSA is where it applies: it covers deaths caused by incidents more than 3 nautical miles away from the coast of the U.S. or its territories.

When Does DOHSA Apply? (How Far Offshore?)

TDOHSA generally applies if:

Location: The wrongful act that caused the death happened beyond 3 nautical miles from the U.S. shore. (Important Note: For plane crashes over the ocean, it’s beyond 12 nautical miles).

Type of Accident: It can cover deaths from many kinds of maritime accidents out there, like:

Boats or ships sinking, flipping over (capsizing), or crashing.
Someone falling overboard and not being rescued.
Plane crashes over the high seas (beyond 12 NM).
Sometimes, accidents with recreational boats far offshore.
Accidents on offshore oil platforms or rigs (if the cause was beyond 3 NM).
Commercial fishing boat accidents.

Who Can File a DOHSA Lawsuit for the Family?

Individual family members usually don’t file the DOHSA lawsuit directly. Instead, the case must be brought by the Personal Representative of the person who passed away (this person is often named in a will or appointed by a court).

The Personal Representative files the lawsuit on behalf of the surviving family members who depended financially on the person who died. These “beneficiaries” usually include:

The spouse (husband or wife).
Children.
Other dependent relatives (like parents, if the person who died was supporting them financially).

Any money recovered is then divided among these family members based on the financial support they lost.

What Needs to Be Proven? (Showing Fault)

To win a DOHSA case, the Personal Representative has to prove the death was caused by someone else’s wrongful act, neglect, or default out on the high seas. Basically, you need to show that someone was careless (negligent) or that something was dangerously wrong (like an unsafe vessel condition), and that this caused the fatal accident. Examples include:

Not providing proper safety gear or training
Breaking safety rules
Carelessness by the boat operator, crew, or the company
An unsafe (“unseaworthy“) condition of the vessel itself

Any money recovered is then divided among these family members based on the financial support Lambert Zainey investigates deeply to find out what went wrong and prove who was responsible.

See Jones Act page for examples of negligence

Money Recoverable Under DOHSA: Mainly Financial Losses

This is a very important and often difficult part of DOHSA. Unlike some state laws or Jones Act death claims for seamen, DOHSA usually limits the money families can recover mostly to “pecuniary losses.”

What are “Pecuniary Losses”?

These are the financial losses the family suffered because their loved one died. This can include money for:

Lost wages and financial support the person would have provided.
Lost inheritance the family likely would have received.
Lost services the person used to do (like home repairs, childcare, advice, guidance).
Funeral and burial costs (if the family paid them).

**What Can Families Usually Not Recover Money For Under DOHSA?**

DOHSA generally does not allow families to recover money for non-financial losses, such as:

Pain and suffering the person experienced before they died.
The family’s own grief, sorrow, or mental anguish.
Loss of companionship (spouse losing their partner’s comfort and society).
Punitive damages (extra money meant to punish the wrongdoer).
Loss of comfort and care from a parent or child.

Important Note for Jones Act Seamen: If the person who died was a seaman covered by the Jones Act, their family might be able to get some of these non-financial damages (like pre-death pain and suffering) through a Jones Act claim, even if the death happened far offshore. How these laws work together is complicated, and you need experienced lawyers to figure it out.

Unseaworthiness vs. Jones Act Negligence: What’s the Difference?

Injured seamen often file claims under both the Jones Act and Unseaworthiness because they cover different things:

Question	DOHSA Claim	Jones Act Death Claim (Seaman)
Who Died?	Anyone (passenger, worker, etc.)	Only “Seamen” (crew members)
Where?	Beyond 3 NM offshore	Anywhere (close to shore or far out)
Why?	Any wrongful act, neglect, default	Employer’s Negligence
What Money?	Mostly Financial Losses Only	Financial Losses + Maybe Emotional Losses (like pre-death pain/suffering)
Who Sues?	Personal Rep for family	Personal Rep for family

If a Jones Act seaman dies far offshore because their employer was careless, the family might have claims under both DOHSA and the Jones Act. Lambert Zainey knows how to handle these overlapping cases

Is There a Deadline for DOHSA Claims? (Statute of Limitations)

Yes. Generally, a DOHSA lawsuit must be filed within three years from the date the person died. If you miss this deadline, your family will likely lose the right to file a claim forever. It’s critical to talk to a lawyer well before this time runs out.

Why Choose Lambert Zainey for Your DOHSA Case?

DOHSA cases are tough legally and emotionally. You need lawyers who understand:

Deep Maritime Law Knowledge: We know DOHSA inside and out, including its limits and how it works with the Jones Act.
Experience with Fatal Accidents: We handle wrongful death cases with the care and strength grieving families need.
Strong Investigation Skills: We have the resources (including experts) to investigate complex accidents far offshore.
Compassionate Support: We explain things clearly and support families through this incredibly difficult time.
Focus on Full Recovery: We work hard to calculate all the financial losses your family suffered and explore every legal option, including any related Jones Act claims.

Common Questions About DOHSA Claims

No, it has to be beyond 3 nautical miles. Accidents inside 3 miles usually fall under state laws or maybe the Jones Act.

Usually, no. DOHSA mainly focuses on covering the financial support lost. Money for emotional suffering like grief generally isn’t available (unless maybe through a separate Jones Act claim if the person was a seaman).

Often it’s the person named in the will, or someone appointed by a court based on family relationships. We can help your family figure this out.

DOHSA likely still applies if the action that caused the death happened out on the high seas, even if the person passed away later from those injuries.

DOHSA applies, but the rule is different: it covers deaths from plane crashes happening beyond 12 nautical miles from the U.S. coast.

Talk to Our Compassionate New Orleans Maritime Attorneys Today

If your family is coping with the loss of a loved one from an accident on the high seas, dealing with the legal system is the last thing you need. Let the skilled and understanding attorneys at Lambert Zainey help you navigate the Death on the High Seas Act. We are here to help you understand your rights and seek the justice your family deserves.

We offer a free, confidential consultation to discuss your situation.

NATIONALLY RECOGNIZED ATTORNEYS

CONTACT US

Our experienced attorneys are here to guide you through every step of the process, from initial consultation to settlement or trial.

800-521-1750
(504) 581-1750
701 Magazine St., New Orleans, LA 70130
Info@LambertZainey.com

Free Case Review

Fill out the form below to contact Lambert Zainey and schedule a free, confidential consultation and discuss your case with an experienced attorney.