Aircraft Crash Death on High Seas Act (DOHSA)

Air Accident the Gulf of Mexico or Atlantic Ocean

The federal Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 761-68, states the following:

"Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent, may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent’s wife, husband, parent, child or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued."

DOHSA was enacted originally to protect seamen who died as a result of their employer’s negligence or because of an unseaworthy vessel. Under DOHSA, the worker's family can file for benefits.

DOHSA has been applied to plane accidents, jet crashes, and other aviation accidents which occur offshore over an ocean or Gulf.

The incident must occur on the high seas beyond a marine league (e.g. three miles) from the shore of any State. For example, in Florida, an plane accident which occurs involving flight to the Bahamas in the Atlantic, or even a flight to Key West over the Gulf, could result in the application of DOHSA.

The deceased workers’ wife, husband, parent, child may file a claim under the stipulations of the DOHSA. A plaintiff usually receives damages for pecuniary (economic) loss caused by the loss of the decedent's services.

A DOHSA lawsuit must commence within three (3) years from the date of the seaman's death. If the decedent's negligent conduct contributed to the accident the award will be reduced accordingly.

Defendants in airline disasters prefer DOHSA to apply to the victims under DOHSA to limit their financial exposure for damages from a family's wrongful death lawsuit.  If there is any question on whether DOHSA applies, then your injury attorney must seek to qualify your wrongful death claim for any exceptions.

Personal injury and wrongful death cases caused by airplane or helicopter accidents are among the most complex in our civil justice system.  Proving fault, and establishing liability under federal law, requires critical review analysis and review of the key evidence, not only by the attorney, but by appropriate aviation experts.

If you or your loved one has suffered a permanent, devastating, injury or death in the family caused by an airplane or helicopter crash, commercial airliner, or other aircraft disaster, then contact a personal injury lawyer at our firm to begin the process of seeking justice on your behalf.

In an aviation accident claim or plane crash claim, depending on the circumstances, we may refer you case, or co-counsel your representation, with a plane crash law firm we know and trust.

Your Values. Your Lawyer. Full Justice.^SM