If your loved one has been killed on the high seas, you may be able to sue the responsible party in a personal injury lawsuit. The maritime injury attorneys at The Law Offices of Preston Easley, APC can help.
The Death on the High Seas Act was passed by Congress to give broader relief to families who may not qualify to file a negligence-based lawsuit under the Jones Act. The accident victim does not need to have been an employee, and families of passengers may be eligible to file a lawsuit. Compensation under the Death on the High Seas Act may be more limited than what you can receive under the Jones Act, so you should consult with a maritime injury lawyer to learn which law applies.
Schedule a free initial consultation with the maritime injury lawyers at the law offices of Preston Easley, APC by calling firm at (310) 773-5207 to learn whether you can file a lawsuit. We will handle your case in the compassionate and diligent manner it deserves.
What Is the Death on the High Seas Act?
The Jones Act allows injured semen to sue their employer in negligence-based personal injury actions. However, the Jones Act applies only to seamen. If one does not meet the legal definition of “seaman,” they cannot file a lawsuit under the Jones Act. However, some people on board a vessel that is in international waters may not meet this legal definition. There is a law called the Death on the High Seas Act that allows anyone who was killed on a vessel in international waters to file a lawsuit.
The DOHSA Applies in International Waters
The legislative intent of the DOHSA is to provide a means for financial recovery when State wrongful death laws do not apply. These laws only apply within the states themselves, including their territorial waters. When the vessel is in international waters, there are no applicable state laws. Accordingly, the DOHSA provides a federal cause of action. The provisions of the DOHSA, and federal court jurisdiction, begin to apply when the vessel is three or more nautical miles off the U.S. shore.
The DOHSA Has Broader Coverage Than the Jones Act
There are numerous ways in which the DOHSA is broader than the Jones Act. The latter was intended to apply only to injuries suffered by workers who meet the legal definition of “seaman.” The injury must have occurred in navigable waters. The family of anyone who died on the high seas, and not just that of an employee, may file a lawsuit under the DOHSA.
The Jones Act is also limited to actions that are rooted in employment-based injuries. These injuries must have been caused by negligence. The DOHSA applies to any kind of death, whether it was employment-related or not. For example, a cruise ship passenger can file a lawsuit under the DOHSA. The law also applies to deaths that were suffered due to the unseaworthiness of a vessel and not just because of a work accident.
Accordingly, the DOHSA may apply to the following settings:
- Oil rigs
- Commercial aircraft disasters
- Cruise ships
- Other types of maritime accidents, such as charter fishing boats
Compensation Is More Limited Under the DOHSA
The DOHSA is a wrongful death statute for families to seek compensation when they are not able to avail themselves of the broader protections under the Jones Act. The law allows for them to seek compensation for the financial losses that they have suffered when their loved one died due to wrongful action. The DOHSA provides for a more limited compensation than a family would receive if they were able to sue under the Jones Act. Pursuant to the latter, a family could recover their non-economic damages that they sustain due to the loss of a loved one, such as grief trauma and loss of companionship.
You Must Still Prove Negligence to Win Your Case
The DOHSA is not a workers’ compensation type statute, since it applies outside the employment context. Accordingly, you must prove that someone else was negligent to win the case. Your loved one is no longer here to tell their story, so you need the help of an experienced maritime accident attorney to investigate the case. Then, your maritime injury lawyer will quantify the losses and damages that your family has suffered to fight for full and fair compensation.
Contact a California and Hawaii Maritime Injury Law Firm Today
If your loved one has died in an accident that happened in international waters, reach out to the California and Hawaii maritime injury attorneys at the law offices of Preston Easley, APC. You can speak with a maritime injury lawyer by filling out an online contact form or by calling us today at (310) 773-5207.
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