Wrongful Death on a Cruise Ship Under the Death on the DOHSA

Wrongful Death on a Cruise Ship Under the Death on the High Seas Act (DOHSA)

Does DOHSA Apply to All Deaths on a Cruise Ship?

No. Death unfortunately happens during cruise voyages. Sometimes such deaths are from natural causes, but other times the death may be a result of the negligence of the cruise line. When a cruise line causes or contributes to a passenger’s death during a voyage, a Miami cruise ship injury lawyer can be hired to file a lawsuit against to the cruise line for wrongful death seeking financial compensation for the surviving family members and estate of the decedent. Different laws may apply to the wrongful death case depending on where the cruise ship was located when the death occurred. DOHSA will apply to a wrongful death action under specific circumstances and can limit the amount of compensation your Miami cruise ship lawyer will be able to seek in some cases.

When Does the Death on the High Seas Act (DOHSA) Apply?

The Death on the High Seas Act (DOHSA) applies when a death occurs on the “high seas,” meaning more than three nautical miles from the shore of any state of the United States. Most importantly, it does not allow the victims’ family to seek compensation for pain and suffering as it only covers “pecuniary losses”. This generally means only economic damages can be awarded such as loss of financial support and services to the survivors caused by the death. Most importantly, this draconian and outdated law prevents you from recovering damages for the the surviving family members’ pain and suffering which is often the most valuable part of a wrongful death case. It also prevents you from recovering a deceased person’s pre-death pain and suffering, which is not compensable under Florida law but is in other states.

Since DOHSA allows survivors of someone killed at sea to recover only pecuniary losses, compensation is limited to the financial contributions the deceased would have provided to their family members had they lived. These can include lost wages, loss of inheritance, and other financial benefits that would have accrued over the deceased’s expected lifetime.

Further, DOHSA does not allow family members to claim expenses accrued by their loved one or their loved one’s estate. DOHSA primarily focuses on compensating for the financial impact on the survivors rather than covering the costs incurred due to the death.

Due the limitation on damages that can be awarded, it is preferable to sue a cruise line or other vessel owner or operator under state law or maritime law if possible. For example, if the death is t a crew member as opposed to a passenger, the cruise ship injury lawyer will sue under the Jones Act which has more favorable remedies than DOHSA for crew members. Likewise, if the injury occurred at sea more than 3 miles out, but the death from the injury occurred later on shore or within 3 miles, the cruise line injury lawyer will argue DOHSA does not apply. Otherwise DOHSA preempts other state and maritime laws.

Who May Sue under DOHSA?

A Miami cruise ship injury lawyer will be retained to represent to the personal representative of the estate and survivors of the decedent against the cruise line or vessel owner that is based in Florida or for which the cruise ticket or contract for carriage sets forth the venue and forum for any death or injury action be brought in Florida. Many of the cruise lines are headquartered in Miami and require suit be brought there.

The personal representative of the deceased person is the actual named party who can sue under DOHSA. Lawsuit proceeds go to immediate family members, such as the decedent’s spouse, parent, or child. This act ensures that those closest to the deceased have the right to seek justice and compensation for the loss of their loved one. To successfully sue under DOHSA, you have to prove that your loved one’s death was caused by the cruise line’s negligence or by a faulty vessel.

For example, a cruise line or vessel owner can be held liable for medical malpractice aboard the ship by its ship board medical staff in failing to properly treat or timely transfer a passenger. Death can occur by a slip and fall on a wet floor or dangerous gangway or stairs leading to a mortal brain injury. Someone could be injured and die falling overboard due to circumstances created by ship employees. Mechanical failures and weather can create dangerous conditions that can affect the vessel’s safety and movement and lead to death.

Hiring a Cruise Ship Wrongful Death Lawyer

Since cruise ship accident and maritime law is complex, family members who lost a loved one at sea or during a cruise should call a Miami cruise ship injury lawyer. Perkins Law Offices Cruise Ship Injury Lawyers are rated among the best personal injury lawyers in Miami. Perkins specializes in cruise ship injuries and accidents creating a niche in the personal injury field because our firm is located where most of the cruise lines require wrongful deaths suits to be brought. We have successfully litigated against the major cruise lines based in Miami. Consultations are free and you pay us no fee unless we recover money for your family.