PROTECTING YOUR FAMILY’S RIGHTS AFTER AN OFFSHORE TRAGEDY
Understanding the Death on the High Seas Act: A Guide for Grieving Families
If you’ve lost a loved one in an accident more than 3 miles from shore, the Death on the High Seas Act (DOHSA) may severely limit your family’s compensation — but it doesn’t have to be the final word. Our maritime and aviation attorneys are dedicated to fighting for the maximum recovery your family deserves.
If Your Loved One Died Offshore: What You Need to Know Right Now
The Death on the High Seas Act (DOHSA) is a federal law that may apply if your loved one died in an accident more than 3 miles from shore — on a vessel, on an offshore platform, or in a helicopter or plane crash over water.
Here’s what this means for your family:
DOHSA often severely limits the compensation you can receive. While a similar accident closer to shore might allow your family to recover millions for your grief, your loss, and your loved one’s suffering, DOHSA typically restricts you to economic losses only — just lost wages and financial support.
The difference can be devastating: A case worth $3 million under normal state law might be limited to $500,000 under DOHSA — simply because the accident happened a few miles further offshore.
But there’s hope: Experienced maritime lawyers know how to challenge whether DOHSA truly applies to your case. Sometimes other laws — like the Outer Continental Shelf Lands Act (OCSLA) or state wrongful death laws — can apply instead, allowing your family to recover full compensation.
You need answers quickly. Evidence disappears fast, and you have only 3 years to file a claim.
If you’ve lost a loved one in an offshore accident, don’t navigate this alone. Contact LKSA for a free consultation. We’ll explain your rights in plain language and fight to get your family every dollar you deserve.
Quick Facts: Understanding DOHSA
What is it? A federal law that controls wrongful death claims when someone dies in an accident far from shore.
When does it apply?
What can you recover?
What you CANNOT recover in most DOHSA cases:
Deadline: You must file within 3 years of the death.Who can file: A personal representative on behalf of the spouse, children, parents, or dependent relatives.
Visualizing Jurisdictional Boundaries in a DOHSA Case
Does DOHSA Apply to Your Case?
DOHSA was created in 1920 to handle deaths in international waters. Whether it applies to your situation depends on where the accident happened and what type of vehicle was involved.
The Basic Rule: More Than 3 Miles from Shore
If your loved one died in an accident more than 3 miles from the U.S. coastline, DOHSA probably applies. This includes:
An important detail: DOHSA applies based on where the accident happened, not where your loved one actually died. Even if they died in a hospital on shore days later, DOHSA applies if the accident occurred more than 3 miles offshore.
The Commercial Aviation Exception: More Than 12 Miles Out
After TWA Flight 800 crashed in 1996, killing 230 people, Congress changed the law for commercial aircraft. Now, for commercial flights — including helicopters that transport offshore workers for pay — DOHSA only applies if the crash happened more than 12 miles from shore.
What this means for you:
If a commercial helicopter crashed 8 miles offshore:
- State law applies (the normal wrongful death law)
- You can recover for pain and suffering, grief, loss of companionship
- Full damages available — often $2-3 million
If a private helicopter crashed 8 miles offshore:
- DOHSA’s strict rule applies
- You can only recover economic losses (lost wages, financial support)
- Limited damages — often $500,000-$1 million
The difference: Whether the helicopter was “commercial” (being paid to transport workers) or “private” can mean a $2 million difference in what your family receives.
What Counts as “Commercial Aviation”?
Courts have said these are commercial:
- Regular airline flights
- Charter flights for hire
- Helicopters transporting workers to oil rigs for pay
- Air taxi services
These are NOT commercial:
- Private company planes
- Your own personal aircraft
- Helicopters giving a friend a free ride
- Military aircraft
If you’re unsure whether your case is “commercial,” contact us immediately. This one fact can determine whether your family receives fair compensation or not.
How DOHSA Hurts Families: Understanding the Damage Limits
The hardest part of DOHSA for grieving families is this: it severely limits what you can recover, even when a company’s negligence killed your loved one.
Unlike normal wrongful death cases, DOHSA only allows you to recover “pecuniary” losses — a legal term that means measurable financial losses.
What Does This Mean in Real Life?
Let’s say your 40-year-old husband died in an offshore accident. He earned $80,000 a year and was the love of your life, a devoted father to your two young children.
Under normal state wrongful death law (if the accident was close to shore), you could recover:
Under DOHSA (if the accident was far offshore), you might only recover:
Your family just lost $2 million in compensation — simply because of where the accident occurred.
You still feel the same grief. Your children still lost their father. You still lost your husband. But DOHSA says you can’t be compensated for that emotional loss.
What You CAN Recover Under DOHSA
Lost Financial Support: The money your loved one would have earned and contributed to the family over their lifetime.
Lost Benefits: Health insurance, retirement contributions, and other financial benefits you’ve lost.
Loss of Services: The value of household work, childcare, and other services your loved one provided.
Loss of Guidance to Children: Courts recognize that children lose their parent’s guidance and care, which has financial value.
Funeral Expenses: The cost of burial or cremation.
For Commercial Aviation (beyond 12 miles only): You can also recover some compensation for “loss of care, comfort, and companionship” — but even this is limited and doesn’t include your loved one’s pain and suffering.
What You CANNOT Recover Under DOHSA
Your Grief and Emotional Pain: DOHSA doesn’t compensate you for your broken heart, sleepless nights, or depression.
Your Loved One’s Suffering: Even if they were in agony before death, you can’t recover for their pain.
Loss of Companionship and Love: The hole in your life where your spouse, parent, or child used to be isn’t compensated.
Punitive Damages: Even if the company’s conduct was reckless or intentional, you usually can’t get punitive damages to punish them.
This isn’t fair — and we fight every day to change it or find legal ways around it.
How DOHSA vs. Other Laws Affects What You Can Recover
The law that applies to your case determines everything. Here’s how different scenarios play out:
|
Your Situation |
Law That Applies |
What You Can Recover |
|---|---|---|
|
Death within 3 miles of shore |
State law |
Everything: lost wages + your grief + their pain + loss of love + punitive damages |
|
Death 5 miles out on a boat |
DOHSA |
Only lost wages and financial support |
|
Commercial helicopter crash 8 miles out |
State law |
Everything: full damages |
|
Private helicopter crash 8 miles out |
DOHSA |
Only lost wages and financial support |
|
Commercial plane crash 15 miles out |
DOHSA with exception |
Lost wages + limited loss of companionship (but not their pain) |
|
Death of offshore worker (employer’s fault) |
Jones Act |
Everything: full damages including pain and suffering |
|
Death on offshore oil platform |
Often OCSLA |
Everything: full state law damages |
See the problem? Two identical accidents can result in completely different compensation — just because of small differences in location or who was operating the vehicle.
This is why you need experienced maritime lawyers who know how to fight for the best possible law to apply to your case.
We Fight to Get You Out from Under DOHSA’s Limits
A good maritime lawyer doesn’t just accept DOHSA’s harsh limits. At LKSA, we fight every day to find legal ways to get our clients the full compensation they deserve.
Strategy #1: Prove a Different Law Should Apply
We investigate whether:
The Outer Continental Shelf Lands Act (OCSLA) applies instead: If your loved one died working on or traveling to an offshore oil platform, OCSLA often applies. This is huge because OCSLA uses state law (Louisiana, Texas, etc.), which allows full damages for grief, pain and suffering, and loss of companionship.
State law applies: If the accident was within 3 miles (or 12 miles for commercial aviation), we fight to prove state law governs — giving you full damages.
Jones Act applies: If your loved one was a “seaman” (a maritime worker), the Jones Act provides much broader recovery than DOHSA.
We’ve won cases by proving the accident location was measured wrong or that OCSLA should apply instead of DOHSA. Sometimes this one legal victory means an extra $1-2 million for our clients’ families.
Strategy #2: Maximize Every Dollar of Economic Damages
Even when DOHSA applies, we work with top economic experts to calculate every penny of financial loss:
Insurance companies try to lowball these calculations. We don’t let them.
Strategy #3: Sue Multiple Defendants
We investigate everyone who contributed to the accident:
More defendants often means more paths to compensation — and not all may be governed by DOHSA.
Strategy #4: Look for Claims That Bypass DOHSA
We explore:
Different legal claims have different rules. We use every tool available.
Why LKSA? Because Offshore Death Cases Need Special Experience
Your brother-in-law’s personal injury lawyer who handles car wrecks? He can’t help you with a DOHSA case.
These cases require specialized knowledge:
LKSA is one of the few firms in the country with deep knowledge in BOTH maritime law AND aviation law.
When a helicopter crashes offshore, we know:
We’ve won cases other firms said were hopeless. We’ve recovered millions more than insurance companies initially offered. We’ve changed Louisiana maritime law to favor injured workers and their families.
You Need to Act Quickly: Why Time Matters
You have 3 years to file a DOHSA lawsuit. That might sound like plenty of time, but critical evidence disappears fast:
Within Days:
- Wreckage gets disposed of or moved
- GPS and flight recorder data gets overwritten
- Witnesses’ memories start to fade
Within Weeks:
- Companies “lose” maintenance records
- Video footage gets erased
- Physical evidence deteriorates
Within Months:
- Witnesses move away or become unavailable
- Companies strengthen their defenses
- Your case becomes harder to prove
We recommend calling a maritime lawyer within 30 days of the death — even if you’re not ready to file a lawsuit yet. Early investigation preserves the evidence that can make or break your case.
Common Questions Families Ask Us
Act Now: 5 Mistakes That Can Cost Your Family Millions
Mistake #1: Believing the Insurance Company
What they say: “DOHSA applies, so you can only get economic damages. Here’s our offer.”
The truth: They have financial incentive to make you think DOHSA applies. Sometimes OCSLA, state law, or other laws provide much better recovery.
What to do: Get an independent legal opinion before accepting their characterization of the law.
Mistake #2: Waiting Too Long to Get Help
The problem: By the time you call a lawyer months later, critical evidence is gone forever.
What to do: Call a maritime attorney within 30 days — even if you’re still grieving and not ready to think about lawsuits. We handle the investigation while you focus on your family.
Mistake #3: Hiring the Wrong Lawyer
The problem: Your uncle’s friend who does car wreck cases can’t handle DOHSA. These cases require federal admiralty court experience and specialized maritime/aviation knowledge.
What to do: Choose a law firm with proven knowledge in maritime law AND aviation law (for helicopter/plane cases).
Mistake #4: Giving Up Because Someone Said “Nothing Can Be Done”
The problem: Some lawyers don’t understand DOHSA or know how to fight jurisdictional battles. They give up too easily.
What to do: Get a second opinion from a firm that specializes in maritime law. We’ve won cases other lawyers said were hopeless.
Mistake #5: Settling Too Fast
The problem: Once you settle, you can never come back for more money — even if you later discover your lawyer was wrong about DOHSA applying, or your losses are bigger than you thought.
What to do: Make sure your attorney has fully investigated all legal options before you sign anything.
The battle over whether DOHSA applies begins the moment an accident occurs. Our guide to offshore accident investigations explains the tactics companies use and the steps we take immediately to fight for the most favorable jurisdiction.
Lost a Loved One Offshore? Your Family’s Fight for Justice Starts Here.
Losing someone you love is devastating. Losing them because of someone else’s negligence — and then being told a federal law limits what your family deserves — is unbearable.
Contact LKSA today for a free, confidential consultation. Our experienced maritime and aviation attorneys will investigate your case, fight for the law that provides maximum compensation, and stand by your family every step of the way.
