When a family loses a loved one to corporate negligence or a catastrophic accident, the grief is universal. The emotional devastation of a fatal car crash in New Orleans feels exactly the same as the heartbreak of an offshore platform explosion in the Gulf of Mexico.
However, in the eyes of the law, these two tragedies are treated entirely differently.
One of the most shocking realities grieving families face is that the exact location of a fatal accident — sometimes down to the precise nautical mile — dictates which laws apply to their case. This jurisdictional difference determines not only who can be sued, but exactly what type of compensation a family is permitted to recover.
At a Glance: How Location Determines Your Family’s Rights
Does location matter in wrongful death cases?
Yes, critically. The exact location determines which law applies and what damages you can recover.
What’s the key distance to know?
3 nautical miles from shore (approximately 3.45 regular miles). This is where DOHSA takes over from state law.
What if the death occurred on land in Louisiana?
Louisiana state law applies. Families can recover both economic damages (lost wages, benefits, medical bills, funeral costs) AND non-economic damages (grief, loss of companionship, mental anguish).
What if the death occurred 3+ miles offshore?
The Death on the High Seas Act (DOHSA) applies. Families can only recover economic damages. Non-economic damages for grief, loss of companionship, and emotional suffering are prohibited.
What if the death occurred on an offshore platform?
The Outer Continental Shelf Lands Act (OCSLA) may apply. OCSLA can “borrow” the adjacent state’s wrongful death law, potentially allowing full economic and non-economic damages.
What if the deceased was a seaman?
The Jones Act applies, along with claims for Unseaworthiness and Survival Actions. Together, these provide broader recovery than DOHSA alone, including pre-death pain and suffering.
Who fights over which law applies?
Corporate defendants and insurance companies. They spend hundreds of thousands to prove laws less favorable to the deceased individual apply.
Wrongful Death on Land: Louisiana State Law
If a fatal accident occurs on land — such as a commercial trucking accident, a medical malpractice incident in a hospital, or a fatal injury caused by a defective product within the state’s borders — the case is generally governed by Louisiana state wrongful death laws (Louisiana Civil Code Article 2315.2).
Under state law, the civil justice system recognizes the profound, multi-faceted impact of losing a family member. Louisiana law allows surviving family members (typically spouses, children, and parents) to seek comprehensive compensation that accounts for both financial and emotional devastation.
In a land-based Louisiana wrongful death claim, a family can pursue:
Economic Damages:
Non-Economic Damages:
Time limit: Generally 1 year from date of death
Wrongful Death at Sea: The Harsh Limits of DOHSA
When a fatal accident occurs over open water, state laws are often preempted by complex federal maritime statutes. If a tragedy occurs more than three nautical miles from the U.S. shoreline, the Death on the High Seas Act (DOHSA) usually applies.
DOHSA is notoriously restrictive. Unlike Louisiana state law, DOHSA was written strictly to compensate families for their direct financial losses. It explicitly prohibits families from recovering non-economic damages.
If DOHSA applies to your case:
✓ You CAN recover lost financial support
✓ You CAN recover funeral expenses
✗ You CANNOT recover for grief or mental anguish
✗ You CANNOT recover for loss of companionship
✗ Your emotional suffering has zero legal value
Exception: For commercial aviation accidents occurring beyond 12 nautical miles from shore, families CAN recover damages for “loss of care, comfort, and companionship.”
Time limit: 3 years from date of death
Real-World Financial Impact
Scenario: A 35-year-old offshore worker earning $85,000/year dies in an accident, leaving a spouse and two young children.
If Louisiana state law applies:
If DOHSA applies (3+ miles offshore):
Location difference: $1-2 million the family will never see.
💡 Key Takeaway: Two identical accidents caused by the exact same corporate negligence can result in vastly different outcomes. A case worth millions under state law could be severely restricted simply because the incident happened four miles offshore instead of two.
The Exception for Maritime Workers: The Jones Act
If the deceased was a maritime worker who spent a significant amount of their time working on a vessel in navigation, their family’s rights fall under the Jones Act.
The Jones Act allows the surviving family of a “seaman” to sue the employer for negligence. Under the Jones Act, available compensation includes:
This combination provides significantly more comprehensive recovery than DOHSA alone permits.
Time limit: 3 years from date of death
The Jurisdictional Battle: Fighting for Full Recovery
Because the laws vary drastically based on location and worker status, corporate defendants and insurance companies will fight aggressively to force your case into the legal framework that protects their profits.
The OCSLA Exception
If a worker dies in an offshore helicopter crash while traveling to an oil rig, the defense will immediately argue that DOHSA applies to limit your compensation. An experienced maritime and aviation attorney will fight back, investigating whether the Outer Continental Shelf Lands Act (OCSLA) applies instead.
OCSLA can “borrow” the more favorable state wrongful death laws, allowing your family to recover full emotional and financial damages — including compensation for grief and loss of companionship that DOHSA prohibits.
Real example: A worker’s helicopter crashes 10 miles offshore while transporting him to a platform. The company argues DOHSA applies (economic damages only). Your lawyer argues OCSLA applies because the worker was traveling in support of offshore operations. If OCSLA wins, the family recovers millions more under Louisiana wrongful death law.
Legal Reality: Corporate defendants employ teams of lawyers whose sole job is to prove DOHSA applies (limiting damages) rather than state law (full damages). Insurance companies will spend hundreds of thousands on expert witnesses to win this jurisdictional battle — because it determines whether they pay $2 million or $6 million.
Common Questions About Maritime vs. Land Wrongful Death
LKSA: Elite Advocates for Grieving Families
When an insurance company attempts to minimize a family’s loss through jurisdictional technicalities, you need a law firm that knows how to defeat them.
Lewis, Kullman, Sterbcow & Abramson, LLC is uniquely positioned to handle these complex disputes. We are one of the few elite trial firms in the country with decades of proven success in both general personal injury litigation and federal maritime law. We know how to investigate the facts, fight the jurisdictional battles, and utilize world-class economists to prove the true, comprehensive value of your family’s loss.
Schedule Your Free, Confidential Case Evaluation
If you have lost a loved one due to another’s negligence — whether on land, on a vessel, or on an offshore platform — your family deserves fierce advocacy. Contact the accomplished trial lawyers at LKSA today to understand your rights. Contact us online or call us at (504) 588-1500. No fees unless we recover compensation for you.
