The thought of losing a loved one is too difficult to bear, but for many families of seamen, this loss has become very real. When a seaman passes away, the family members are left to pick up the pieces. There is emotional trauma to work through, as well as figuring out how to pay the household bills. For the family members of deceased seamen, there is some financial reprieve that may be available under the Death on the High Seas Act (DOHSA).
When a seaman’s death is the result of a wrongful act or negligence, a DOHSA claim may be filed to obtain financial benefits. These benefits are intended for surviving family members when an employer’s negligence or an unseaworthy vessel led to the seaman’s death. To be eligible to receive these benefits, the death must have occurred from a maritime accident that occurred on the high seas beyond three miles from the shore of any state in the United States, as well as the District of Columbia, U.S. territory or dependency.
Under the Death on the High Seas Act, the deceased seaman’s spouse, parent, child or dependant relative can pursue a legal action to collect damages. These damages include any monetary loss that resulted from the seaman’s death. For example, a spouse can recover compensation for the amount of the seaman’s financial contribution to the household. However, if the deceased seaman’s actions contributed to the fatal accident, the compensation may be reduced.
There is a deadline, known as a statute of limitations, as to when a DOHSA claim can be filed. This deadline is 3 years from the date that the maritime accident took place. Although this timeframe may seem long, it can go by quickly and the more time there is to prepare a case, the stronger it will be.
If you have lost a loved one in an offshore accident, you should contact an experienced Houston maritime attorney at 800-232-3711 or 713-921-4171. Attorney Steve Lee has an extensive background litigating maritime injury cases and can help you.