When a seaman dies as a result of an employer's negligence or because of an unseaworthy vessel, the worker's family may file for benefits under the Death on the High Seas Act (DOHSA). The incident must occur on the high seas beyond a marine league (three miles) from the shore of any state, the District of Columbia, or U.S. territory or dependency. The decedent's wife, husband, parent, child or dependent relative may file a claim under the stipulations of the Act.
A plaintiff usually receives damages for pecuniary loss caused by the loss of the deceased
seaman's services. A DOHSA suit must commence within three years from the date of the seaman's death. If the decedent's negligent conduct contributed to the accident (contributory negligence), an award may be reduced accordingly.
If you or a loved one has been injured or killed while employed as a seaman, it may be important to
contact an attorney who can help you protect your legal rights. Please keep in mind that there may be
time limits within which you must commence suit.
See Also
- Maritime / Admiralty Personal Injury Law