Statute of Limitations for the Death on the High Seas Act – State-Journal.com

The untimely death of a family member can be very devastating. Not only have you lost the love and support of someone who is very important to you, but it can also have a major financial effect on you. If the death of your loved one was due to the negligence of another person or company, you may have thought about suing them. If they died while working or traveling at sea, there are Houston maritime lawyers that you can hire to represent you.

Whenever you bring a civil lawsuit against anyone, you will have a limited time to file it. This time period is called the statute of limitations. The Death on the High Seas Act has a three-year statute of limitation. The clock begins ticking the second the accident happens.

What is DOHSA?

The Death on the High Seas Act offers a legal solution for families who have lost a member because of negligence.

As with all wrongful death cases, only a spouse child, or dependent relative may file such a suit. The death must have taken place in a vessel at sea or on a plane that was at least 12 nautical miles into international waters. It was enacted by the United States Congress in March of 1920.

You can seek compensation for things such as funeral expenses, loss of future wages, proven financial losses caused by the death, and psychiatric treatment for family members.

Proving Negligence

In order to recover compensation in a death on the high seas complaint, you will have to establish that the crew was negligent, or that the vessel your relative was traveling in should not have been allowed to operate.

An attorney may use inspection records for a ship or plane in order to prove this. They may also subpoena previous work reports on the ship's crew. They may try to prove that the crew failed to follow safety protocols.

An attorney may try to establish that the crew did not receive proper training. They will review the records of any medical treatment given to the decedent to see if there was impropriety or negligence involved in the medical care provided by the ship's Infirmary. it is not uncommon for cruise lines to hire doctors who have not been trained in the United States.

Finding an Attorney

The attorney that you select should be a specialist in maritime law. They should have a staff that is large enough to take the time needed to research your case. They should have an excellent reputation online and be able to provide you with references.

Nothing can ever replace a family member. However, compensation can help you move on with your life and teach a cruise line or a shipping company to be more careful in the future.

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Statute of Limitations for the Death on the High Seas Act - State-Journal.com