Death on the High Seas Act (DOHSA)

DOHSA-Common Causes of Wrongful Death at Sea
Posted by: rzehl
June 16, 2008

The untimely death of a loved one is a traumatic experience for the entire family. In order to better understand how something like this might happen, here are a few common causes of wrongful death at sea. First, the sinking, or capsizing, of the vessel can occur due to inclement weather, ship defect, operator error or any number of other reasons. Second, a fire or explosion at sea can result from onboard petroleum storage or the inadequate maintenance of the vessel. Third, an accident can occur from the improper handling of cargo. Fourth, crane, winch and tow line accidents can occur from faulty equipment or improperly-trained personnel. Lastly, a failure to provide prompt medical attention in the event of an emergency can happen because of a lack of functioning emergency equipment or qualified personnel.

If you have lost a loved one to the perils of the sea, contact an experienced DOHSA attorney at the Texas maritime law firm of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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DOHSA-Death in International Waters
Posted by: rzehl
June 12, 2008

The Death on the High Seas Act (DOHSA) was initially passed in 1920 by Congress to compensate the widows of seamen who died in international waters. In order to qualify under the statute, the death or cause of death must have taken place at least three miles from the shore of any state, in international waters.

According to DOHSA, any recovery is based upon the value of the financial benefit that the deceased seaman would have provided had he lived. Essentially, a spouse may recover the actual value of the financial earnings that the deceased would have contributed, not including any amount that would have gone toward the decedent himself. Additionally, a spouse may recover the value of any household services the deceased would have provided. Children may recover for the value of the parental care, nurturing and guidance they would have received from the decedent.

The statute of limitations for DOHSA claims is three years from the date of death.

The experienced lawyers at the Texas maritime law firm of Fitts Zehl, LLP understand DOHSA and are ready to help you during this difficult time. Contact the Houston office of Fitts Zehl, LLP by email at info@gulfcoastmaritimelawyer.com or by phone at (800) 993-4887.

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