The Death on the High Seas Act

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Death on the High Seas Act: Legal Rights for Families After a Fatal Maritime Accident

Losing a family member in an accident at sea is one of the most devastating things a family can experience. You are grieving, and at the same time you are being asked to make legal decisions you never expected to face. These decisions will affect your family’s financial security for years to come.

When a fatal accident happens more than three miles from shore, a federal law called the Death on the High Seas Act (DOHSA) determines your family’s legal rights. DOHSA sets strict rules about who can file a claim, what your family can recover, and how long you have to act. Lambert Zainey has helped families navigate DOHSA claims for nearly 50 years, including securing resolutions for all families affected by the Seacor Power capsizing. Here is what you need to know.

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

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Quick Facts

DOHSA applies when a fatal maritime accident occurs more than three nautical miles from the U.S. coast. If the death happened closer to shore, state law or the Jones Act may apply instead.
DOHSA limits what families can recover to financial losses which include lost income, lost services, and lost inheritance. It generally does not allow recovery for grief, loss of companionship, or the victim’s pre-death pain and suffering.
If the person who died was a Jones Act seaman, the family may have claims under both DOHSA and the Jones Act simultaneously. How these overlap is complex and requires experienced maritime attorneys.
A DOHSA claim must be filed within three years of the death. Missing this deadline permanently eliminates the family’s right to recover.
Lambert Zainey secured resolutions for all families affected by the Seacor Power capsizing — a DOHSA and Jones Act wrongful death case involving multiple crew members lost at sea.

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?)

DOHSA 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.
Accidents on offshore oil platforms or rigs (if the cause was beyond 3 NM).
Someone falling overboard and not being rescued — see our post on maritime worker drowning accidents for a full explanation of legal rights in man-overboard cases.
Commercial fishing boat accidents.
Sometimes, accidents with recreational boats far offshore.
Plane crashes over the high seas (beyond 12 NM).

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 Your Family Needs to Prove

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:

Breaking safety rules
Not providing proper safety gear or training
Carelessness by the boat operator, crew, or the company. See Jones Act page for examples of negligence.
An unsafe (“unseaworthy”) condition of the vessel itself. Learn about Unseaworthiness.

Successfully resolving DOHSA and Jones Act death claims for the Seacor Power families shows Lambert Zainey investigates deeply to find out what went wrong and prove who was responsible.

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Oil storage tank rupture at the Murphy Oil USA refinery in Chalmette, LA. The fastest class certification and resolution of a case of its type and magnitude to date.

SETTLED IN ONLY 12 MONTHS

Arco cryogenic platform explosion caused by improper cold cut of Southern Natural Gas pipeline. Settlement for the injured and deceased in approximately twelve months.

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

What DOHSA Does Not Cover

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).
Loss of comfort and care from a parent or child.
Punitive damages (extra money meant to punish the wrongdoer).

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.

Ensure you don’t make critical errors early on. Download our free guide on the 5 Costly Mistakes to Avoid.

How is DOHSA Different from a Jones Act Death Claim?

Knowing the difference matters, especially if a seaman died:

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 Families Trust Lambert Zainey with DOHSA Claims

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

Nearly 50 years representing families who lost loved ones in fatal maritime accidents across the Gulf Coast
Direct DOHSA experience including successful resolutions for all families affected by the 2021 Seacor Power capsizing
Full investigation of all applicable claims. Jones Act, DOHSA, and unseaworthiness often overlap in fatal offshore cases; we pursue all of them simultaneously
Over $1 billion recovered for injured maritime workers and their families
No fees unless we recover compensation for you

Nearly 50 years representing injured maritime workers. We understand the laws that govern maritime employers and employees.

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Common Questions About DOHSA Claims

Losing a loved one at sea is heartbreaking and confusing. This section covers common questions about DOHSA to help families understand their options and take the right steps forward.

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.

What to Do After Losing a Family Member at Sea

Step 1: Contact a maritime attorney before making any statements.

The employer, vessel owner, and their insurers begin their investigation immediately after a fatal maritime accident. Do not give statements, sign documents, or accept any initial offers before speaking with an attorney.

Step 2: Preserve all records and communications.

Gather any employment records, contracts, communications your loved one had with their employer, and any news coverage or incident reports about the accident. This evidence can be critical to establishing what happened and who is responsible.

Step 3: Understand the three-year deadline.

A DOHSA claim must be filed within three years of the date of death. Do not assume you have time to wait.

Step 4: Contact Lambert Zainey.

DOHSA cases require attorneys who understand both the legal framework and the investigation needed to prove what went wrong far offshore. Contact us for a free, confidential consultation.

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Contact Our Maritime Attorneys About Your DOHSA Claim

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.

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