What Is the Death on the High Seas Act?
The Death on the High Seas Act (DOSHA) was designed to protect family members of crew workers, cruise ship employees and guests, seaman, and any other individual who was traveling or working at sea. It allows the surviving family members to file a claim against the liable party in the hopes of recovering compensation for the financial losses of the surviving family members, in most cases.
Continue reading to learn more about who can be to blame in DOSHA claims and the various losses that may be recoverable.
Blame Under DOSHA?
Claims under DOSHA can be filed whether a person is a maritime employee or a traveler, and as such, blame can be placed on any number of parties. For a claim to be approved, strict liability, intentional misconduct, negligence, or products liability will need to be established.
If the decedent was a seaman, claims will likely only be successful if the ship or vessel the seaman worked on was found to be unseaworthy.
Recoverable Damages
Surviving family members can seek compensation under DOSHA for financial losses the family would have received if their loved one had not succumbed to their injuries.
Such damages might include the following:
- Lost wages
- Loss of earning capacity
- Funeral and burial costs
- Loss of support and companionship
- Medical expenses
- Loss of inheritance
- Lost services and parental guidance
If the decedent was considered to be a seaman, and the ship they were working on was deemed unseaworthy, additional compensation for pain and suffering of the deceased and other pre-death losses where applicable.
Get Help from a New Orleans Maritime Lawyer
If you or someone you love has been the victim of a fatal accident as an oil field worker, crew member, or anyone else traveling or working at sea, you may be entitled to financial compensation. Meet with an experienced New Orleans maritime lawyer at the Law Office of Braud & Gallagher for assistance in filing a claim under the Death on the High Seas Act.
You can schedule your free claim review by calling our firm at 1-800-256-5674 or filling out the quick contact form we have provided at the bottom of this page.