Death On The High Seas Act Claims
Losing a loved one in a maritime accident is devastating, and the laws that apply can make an already painful time even more confusing. What many families don’t realize is that the rules for compensation depend heavily on where the death occurred.
If the accident happened more than three nautical miles from the shore of any U.S. state or territory, the Death on the High Seas Act (DOHSA) determines what damages are available.
At Munch and Munch, P.A., we focus on admiralty and maritime law, not just general personal injury. With more than 50 years of combined experience and the real-world insight of attorney Jacob Munch, a former Merchant Marine officer, our team understands both the legal complexities and the practical realities of life at sea. That background gives families a trusted advantage when pursuing high-stakes wrongful death claims under DOHSA.
Statute Of Limitations And Filing Requirements Under DOHSA
DOHSA is a federal law that controls wrongful death claims when an accident happens more than three nautical miles from U.S. shores. Because it is federal law, DOHSA sets strict rules about who can file, where the case goes and how much time families have to act. Missing these deadlines can prevent any recovery.
- Who can file: Only the personal representative of the deceased’s estate may bring the lawsuit. This representative files the claim for the benefit of the spouse, children, parents or other financial dependents.
- Where to file: Most DOHSA cases must be filed in federal district court, although some state courts may hear them under federal law. Your lawyer can help determine the correct court for your case.
- Deadline to file: Families generally have two years from the date of death to bring a claim. Courts enforce this deadline strictly, and late claims are usually dismissed.
- What to show: The personal representative must provide proof of appointment, documents showing financial dependency and evidence that the death occurred on the high seas.
Because these requirements are technical, even small mistakes can delay or weaken a case. Acting quickly with an attorney experienced in DOHSA ensures the claim is filed correctly and on time.
What Damages Can You Recover Under DOHSA
In a DOHSA action, recovery is limited to monetary damages (lost wages and burial costs). Unfortunately, it does not allow for recovery of nonpecuniary damage (punitive damages, care and comfort or loss of consortium/companionship of the loved one). Damages for predeath pain and suffering of the deceased are also not recoverable under DOHSA.
DOHSA vs. Florida Wrongful Death Recoveries
The damages available under DOHSA are much more limited than those under Florida’s wrongful death law. Where the death occurred determines what compensation the family may recover.
If the death occurred more than three nautical miles from U.S. shores, DOHSA applies. As mentioned, families may recover only financial losses, such as:
- Lost wages and financial support
- Funeral and burial expenses
If the death occurred within Florida’s jurisdiction, state law applies, and the range of damages is broader. Families may recover:
- Lost wages, financial support and medical/funeral expenses
- Loss of companionship and protection
- Mental pain and suffering of surviving spouses, children or parents
- Conscious pain and suffering experienced by the deceased before death
Understanding these differences is crucial, and our experienced maritime attorneys can help you pursue the full recovery available under the law.
Work With An Attorney Who Fully Understands DOHSA
Our Florida maritime attorneys at Munch and Munch, P.A., have years of experience with DOSHA claims and can help you navigate your potential claim. It is essential to your claim to have an experienced maritime attorney who knows important nuances of maritime law that can make a huge difference to your claim.
Call 888-976-3759 or email us for a free consultation to discuss your legal rights and potential recovery.