Losing a loved one is always devastating, but it can be especially difficult when the deceased was away at sea. Whether your family member was enjoying a cruise vacation or working on a commercial vessel, a maritime accident can cause a sudden and shocking loss. If the ship’s owner contributed to the accident through negligence, you may be able to file a wrongful death lawsuit. This can ease some of the financial stress you are experiencing because of the loss of the deceased’s income. A Houston Death on the High Seas Act (DOHSA) lawyer could help you determine if your situation qualifies for a claim under this law. Hiring a dedicated maritime injury attorney will increase the chance of getting the compensation you deserve.
What Is the Death on High Seas Act?
The Death on the High Seas Act (DOHSA) allows surviving family members to sue a vessel’s owner when a loved one dies in a ship or aircraft accident. Originally enacted to support families of crew members, the law also applies to passengers on ships and commercial aircraft, including cruise ship passengers, commercial fishermen, and maritime shipping workers. To qualify under DOHSA, a maritime vessel accident must occur more than three miles from the U.S. coast, while an aircraft crash must happen beyond 12 miles. Only specific relatives—such as a surviving spouse, parent, child, or dependent—can file a claim. A Houston lawyer can guide families through the DOHSA claims process and pursue rightful compensation.
How Does a DOHSA Lawsuit Work?
Like other wrongful death claims, a DOHSA lawsuit requires proof of negligence. The family or their lawyer must show that the vessel was unseaworthy or that the owner’s negligence or poor judgment caused the accident. Courts evaluate negligence by determining whether the owner took the same precautions a reasonable person would in similar circumstances. For example, if a ship owner unjustifiably cancels routine maintenance and faulty equipment causes a fire, the owner is legally liable.
Unlike in a Texas wrongful death case, families can only recover financial losses under DOHSA. The law does not compensate for intangible harm, such as loss of companionship or emotional distress. Damages cover economic losses, including immediate expenses like funeral and burial costs, and future losses, such as the deceased’s expected earnings. Compensation can also cover replacement services. For example, if the deceased provided childcare while their spouse worked, the court may award funds for daycare. Since most damages rely on projected future expenses, calculating an accurate amount can be challenging. A Houston maritime attorney can help families pursue the compensation they deserve after a death at sea.
Discuss Your Wrongful Death at Sea Case With a Houston Lawyer Today
If you are considering a wrongful death lawsuit, you are likely experiencing serious grief and stress. A Houston Death on the High Seas Act (DOHSA) lawyer could determine whether this law applies to your situation and file your claim on your behalf. Contact Benjamin Roberts Law to review the details of your case today.
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