Families of Alaska maritime workers may have a claim for wrongful death if the maritime worker is killed due to negligence. Wrongful death at sea can happen in various situations, such as equipment failure, collision with another vessel, lack of training or misconduct of another crewmember.
Whatever the situation, you may have a wrongful death claim under the Death on the High Seas Act (DOHSA). This applies when a maritime workers death is caused by a wrongful act or negligence.
Who can file a DOSHA claim?
You can only file a claim under DOSHA if you are the decedent’s spouse, parent, child or other dependent family member.
DOSHA only applies to deaths that occur beyond three nautical miles from the U.S. shore. The three nautical miles refers to the site of the accident, not where the wrongful act took place or where the death occurs.
For example, if the site of the accident was beyond three nautical miles from shore but your family member was transported back to land and later died in a hospital, DOSHA would still apply.
Damage limitations under DOSHA
Although you may recover damages through a claim under DOSHA, the damages you can recover are limited. DOSHA allows pecuniary damages only.
Pecuniary damages are those that can reasonably be calculated, such as a loss of the wages earned by the deceased worker. Damages recovered under DOSHA are meant to cover losses sustained by the decedent’s family members, rather than damages incurred by the decedent themselves.
Therefore, you cannot recover non-economic losses, such as pain, suffering or emotional distress under DOSHA.
Options outside of DOSHA
You are not out of luck when it comes to filing a wrongful death claim if the death occurred within three nautical miles from the U.S. shore. You can potentially file a wrongful death claim under the Jones Act, Alaska state law or general maritime law.
The potential damages you can recover these laws are typically broader. However, once you bring a claim under DOSHA, you usually cannot file another claim under any other law. If DOSHA applies to your case, it generally preempts any other laws.
There are sometimes exceptions to this rule. DOSHA does not preempt Jones Act claims against a maritime workers employer. You can also potentially file a claim under the law of a foreign country along with a DOSHA claim.
The bottom line is that someone should be held accountable when your family member is killed at sea due to negligence.
Pay attention to the statute of limitations
A careful examination of the exact circumstances of the death can help you learn the proper law to file your wrongful death claim under. This should be done promptly to ensure a claim is filed within the statute of limitations. There is a three-year statute of limitations under DOSHA.
DOSHA and other maritime law claims are often complex and require a high amount of preparation. Calculating damages and determining the negligent party requires strong evidence and documentation.