Alabama Death on the High Seas Act (DOHSA) Lawyers

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Alabama Death on the High Seas Act (DOHSA) Lawyers

The Death on the High Seas Act (DOHSA) is a critical maritime law that provides recourse for families who have lost loved ones due to negligence or misconduct more than three nautical miles from U.S. shores. This legislation allows families to seek financial compensation, helping to alleviate the economic burden that often accompanies such tragic losses. DOHSA recognizes the unique challenges faced by families when deaths occur far from land, where closure can be elusive. By offering a legal pathway for justice, DOHSA aims to provide some measure of solace and support to those grappling with the devastating loss of a loved one at sea.

Understanding the Death on the High Seas Act (DOHSA)

The Death on the High Seas Act, enacted by Congress in 1920, provides a legal remedy for families of individuals who lose their lives due to wrongful acts, negligence, or unseaworthiness on navigable waters beyond three nautical miles from the U.S. shore. This federal law establishes a framework for compensation in maritime wrongful death cases.

Key Elements of DOHSA:

  • Applicability:  DOHSA applies to deaths caused by wrongful acts, negligence, or unseaworthiness occurring on the high seas.
  • Coverage Area:  The law is applicable to incidents that take place more than three nautical miles from the U.S. coastline.
  • Eligible Claimants:  Only specific family members can file claims under DOHSA, including spouses, children, parents, and dependent relatives.
  • Damages: : Compensation under DOHSA is limited to pecuniary losses, which include:
  • Loss of financial support
  • Loss of inheritance   
  • Funeral expenses


It’s important to note that DOHSA does not allow for non-economic damages such as pain and suffering or emotional distress.

Additional Important Aspects

The maritime industry is inherently hazardous, and Gulf Shores, AL is no exception. Here are some of the most common maritime injury scenarios we handle:

  • Statute of Limitations: DOHSA claims must be filed within three years from the date of death.
  • Commercial Aviation: In 2000, DOHSA was amended to also apply to deaths arising from commercial airline disasters occurring more than 12 nautical miles from U.S. territorial waters.
  • Preemption: When DOHSA applies, it preempts other potential claims under state law or general maritime law.
  • Contributory Negligence: If the deceased person was partially at fault, it may reduce the amount of compensation awarded.

Common DOHSA Scenarios in Alabama

Alabama’s connection to the Gulf of Mexico and its thriving maritime economy means that many DOHSA cases originate here. Below are common scenarios where Alabama families may rely on DOHSA for legal recourse:

  • Cruise Ship Accidents With Mobile, Alabama serving as a popular port for cruise ships, incidents involving onboard negligence, drowning, or inadequate safety measures frequently occur. When these accidents happen beyond three nautical miles offshore, DOHSA provides a legal pathway for compensation.
  • Aviation Accidents Over Water Airplanes that crash into navigable waters, whether during domestic flights or international routes, often fall under DOHSA’s jurisdiction. Families of passengers departing from Alabama airports may pursue claims if the crash occurs in the Gulf of Mexico or other offshore areas.
  • Offshore Oil Rig Disasters The Gulf of Mexico is home to numerous offshore oil and gas platforms, where workers face daily hazards. Explosions, equipment failures, and unsafe working conditions can lead to fatal accidents, making DOHSA a critical remedy for Alabama families of victims.
  • Fishing and Commercial Vessel Accidents Fishing is a vital part of Alabama’s coastal economy. When negligence or unseaworthy conditions lead to fatal accidents aboard fishing boats or cargo vessels, families can seek justice under DOHSA.
  • Recreational Boating Tragedies Alabama’s waterways are popular for recreational boating, but fatal accidents caused by negligence or defective equipment can occur offshore. If these incidents happen beyond the three-mile limit, DOHSA may apply.

Rights and Responsibilities of Alabama Families

For families in Alabama, DOHSA provides a legal framework to seek accountability and financial relief after a maritime tragedy. Here’s what you need to know about your rights and responsibilities under this law:

Who Can File a DOHSA Claim?
Eligible claimants typically include:
  • Spouse: The deceased’s surviving husband or wife.
  • Children: Dependent children are entitled to compensation for the loss of financial support.
  • Parents: In some cases, parents of the deceased may file a claim, particularly if they relied on their child for financial assistance.
  • Other Dependents: Relatives who were financially dependent on the deceased may also qualify.
What Compensation Is Available?
Under DOHSA, families can recover pecuniary damages, which include:
  • Loss of Financial Support: Compensation for the deceased’s income contributions.
  • Loss of Services: Monetary value of household or caregiving services provided by the deceased.
  • Funeral and Burial Expenses: Reimbursement for reasonable costs associated with the funeral and burial.
Statute of Limitations
DOHSA imposes a strict three-year statute of limitations, meaning families must file their claim within three years of the incident. Failing to act promptly can result in the loss of legal rights.

FAQs About Alabama DOHSA Claims

What Types of Incidents Are Covered Under DOHSA?

DOHSA covers deaths caused by negligence, wrongful acts, or unseaworthiness in navigable waters more than three nautical miles offshore. Common scenarios include cruise ship accidents, offshore explosions, and aviation crashes over water.

Does DOHSA Apply to Foreign Vessels?

Yes, DOHSA frequently applies to incidents involving foreign-flagged vessels or international waters, provided the death meets the jurisdictional requirements.

How Quickly Should I File a Claim?

The statute of limitations for DOHSA claims is three years from the date of the incident. Acting promptly ensures your claim is preserved.

How DOHSA Protects Alabama Families

The Death on the High Seas Act (DOHSA) is not just a legal remedy—it’s a lifeline for families grappling with the loss of a loved one in offshore tragedies. By focusing on financial support and accountability, DOHSA ensures families can rebuild their lives after devastating maritime accidents. Here’s how this law safeguards Alabama families:

Holding Negligent Parties Accountable DOHSA enables families to pursue claims against those responsible for offshore fatalities. Whether it’s a cruise line that failed to maintain safety protocols, an employer who neglected worker protections, or a shipping company that operated unseaworthy vessels, DOHSA provides a legal framework to demand accountability. This can deter future negligence and improve safety standards across the maritime industry.
Providing Financial Stability When a loved one dies at sea, the financial impact on the family can be overwhelming. DOHSA focuses on compensating pecuniary losses, ensuring dependents receive:
  • Lost Income: Replacement for the financial support the deceased would have provided.
  • Loss of Services: Reimbursement for essential household and caregiving contributions.
  • Funeral Expenses: Covering the costs of honoring and burying the deceased.

    While emotional pain cannot be monetarily compensated under DOHSA, these provisions offer critical financial stability.

Navigating Complex Maritime Laws DOHSA simplifies the process of seeking justice in incidents occurring far from shore. Maritime law can be notoriously intricate, with overlapping international, federal, and state regulations. DOHSA consolidates this complexity into a clear avenue for Alabama families to pursue claims when jurisdiction is established.
Encouraging Safer Practices in the Gulf of Mexico Alabama’s Gulf Coast is a hub for maritime activity, from recreational boating to commercial fishing and offshore drilling. DOHSA claims can compel organizations operating in these waters to adopt safer practices, benefitting all who rely on these industries. By enforcing accountability, families who file DOHSA claims contribute to a safer maritime environment.
Supporting Dependents During Times of Uncertainty Losing a loved one creates uncertainty and upheaval, especially for dependents who rely on the deceased for financial support and guidance. DOHSA’s provisions ensure families have a pathway to secure the resources they need to navigate their new reality.

Contact Our Seasoned Alabama DOHSA Attorneys

At Fuquay Law Firm, we are dedicated to helping Alabama families navigate the complexities of DOHSA claims. Whether your case involves a cruise ship, an offshore accident, or an aviation disaster, we have the experience and resources to fight for your rights. Don’t let legal complexities stand in the way of justice. Contact us today for a free consultation and let us help you secure the compensation you and your family deserve.

Our attorneys are here to help you recover the compensation you need and deserve.

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