DOHSA Explained: The Legal Framework for Maritime Wrongful Death Claims

Definition & Meaning

The Death on the High Seas Act (DOHSA) is a federal law established in 1920. It allows families to file a wrongful-death lawsuit in U.S. district courts for deaths that occur on the high seas, which are defined as waters beyond the territorial limits of the United States. This act provides a legal avenue for victims' families to seek compensation for both economic and emotional damages resulting from maritime accidents.

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Legal Use & context

DOHSA is primarily used in civil law contexts, particularly in maritime and admiralty law. It applies when a person dies due to negligence or wrongful acts that occur on the high seas. Families can pursue claims for damages related to lost income, funeral expenses, and emotional suffering. Users can manage some aspects of these claims by utilizing legal templates available through US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A family files a DOHSA claim after a loved one dies in a boating accident caused by the negligence of the vessel's operator while traveling in international waters.

Example 2: (hypothetical example) A cruise line is sued under DOHSA after a passenger falls overboard due to unsafe conditions on the ship, resulting in their death.

Relevant laws & statutes

The Death on the High Seas Act is codified at 46 U.S.C. app. §§ 761-67. This statute outlines the rights of families to seek damages for wrongful death in maritime contexts.

Comparison with related terms

Term	Definition	Key Differences
DOHSA	A federal law allowing wrongful-death claims for deaths at sea.	Applies specifically to deaths occurring on the high seas.
General wrongful death	A state law allowing claims for wrongful deaths in various circumstances.	Can apply to deaths on land and does not cover high seas incidents.

Common misunderstandings

What to do if this term applies to you

If you believe a loved one has died due to negligence on the high seas, consider the following steps:

Gather evidence related to the incident, including witness statements and any available documentation.
Consult with a legal professional who specializes in maritime law to assess your case.
Explore US Legal Forms for templates that can help you file a DOHSA claim.

Complex cases may require professional legal assistance to navigate the specifics of maritime law effectively.

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Quick facts

Jurisdiction: U.S. district courts
Applicable Law: 46 U.S.C. app. §§ 761-67
Claimants: Spouses, children, and dependents of the deceased
Types of Damages: Economic and emotional losses