Death on the High Seas Act Claims

The Federal Death on the High Seas Act (DOHSA) was enacted by Congress in 1920 and provided recovery for the death of any person “caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league (3 nautical miles) from the shore of any State…or the Territories or dependencies of the United States.” The Act provides that the decedent's personal representative recovers “for the exclusive benefit of the decedent's wife, husband, parent, child, or dependent relative.” Damages under the Death on the High Seas Act include loss of care, nurture and guidance, loss of financial support, loss of household services, medical expenses, and burial/funeral costs.

Although state courts, such as Florida, may permit causes of action, and provide wrongful death remedies for accidents arising on territorial waters and for accidents occurring on the high seas, The Death on the High Seas Act does not permit application of state wrongful death statutes for deaths occurring on the high seas. Therefore, Florida's Wrongful Death Statute is pre-empted by the Death on the High Seas Act, when it applies.

Liability in a Death on the High Seas Act claim may be based upon negligence, unseaworthiness if the decedent was a seaman, intentional conduct, and strict or products liability. The Death on the High Seas Act also expressly permits liability to be based upon any applicable foreign law. Maritime death cases are intricate and must include early accident investigation of the cause of death of the seaman or passenger.

Our maritime trial lawyers are experienced in litigation of complex Death on the High Seas Act claims and regularly help family members and dependents of seamen and passengers who have lost a loved one at sea. We offer free initial consultations with our attorneys, and if we take your case, we will charge no attorneys' fees or costs until you get compensation. Our staff speaks Spanish and Portuguese and is able to provide translations in Greek, Italian, French, Polish, and Russian.

From our main office in Boca Raton and a satellite office in Clewiston, Florida, the Jones Act Seamen attorneys of Howard S. Grossman, P.A. serve injured workers in Jupiter, Palm Beach Gardens, Riviera Beach, West Palm Beach, Wellington, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, Loxahatchee, Clewiston, Lantana, Stuart, Fort Pierce, Parkland, Coconut Creek, Deerfield Beach, Pompano Beach and Lighthouse Point. Our firm's Jones Act lawyers serve injured ship workers in Hillsboro Beach, Tamarac, North Lauderdale, Oakland Park, Fort Lauderdale, Wilton Manors, Lauderdale Lakes, Lauderhill, Sunrise, Plantation, Weston, Davie, Hollywood, Pembroke Pines, Cooper City, Southwest Ranches, Miramar, Pembroke Park, Dania Beach, Hallandale Beach, St. Lucie, Fort Myers, Orlando, Miami, Miami Lakes, Aventura, Sunny Isles Beach, Hialeah, Coral Gables, Miami Gardens and North Miami. Our Jones Act Maritime Lawyers regularly represent seamen who are citizens of other countries, including the Philippines, Columbia, Greece, Italy, Japan, Thailand, Germany, Netherlands, Brazil, Mexico, Bahamas, Panama, Great Britain, Netherlands, Bermuda, Jamaica, Ecuador, South Africa, Botswana, Ghana, Zimbabwe, Canada, Chile, Venezuela, Argentina, Poland, France, Spain, Portugal, Ireland, Hungary, Turkey, Norway, Austria, Switzerland, Belgium, Denmark, Russia, Croatia and Slovakia.