Death On High Seas Act
DOHSA claims and Jones Act wrongful death claims lawyer. Experienced in handling Million Dollar Maritime Death Claims. Alaska, Washington and Oregon Maritime Death claims admiralty attorney. Always on the side of the crewman’s family - call toll free 1-800- 621-1091.
Maritime lawyer James Beard and his partners at Johnson Beard & Trueb PC handle maritime wrongful death claims with compassion and understanding for surviving family members of crewmen lost working at sea. They are experienced in getting fair compensation for families under the Death On the High Seas Act.
The sea is unforgiving, and negligence and unseaworthiness can lead to tragic and needless deaths of crewmen and passengers. When a wrongful death occurs at sea, it is important to get legal advice from an experienced maritime lawyer as soon as possible. A thorough and complete investigation should be undertaken by a maritime lawyer experienced in Death On the High Seas Act.
Don’t trust the insurance companies to protect your rights and treat you and your family fairly. Don’t guess about your right to benefits; ask Johnson Beard & Trueb PC for an independent evaluation of your claim.
The Death On the High Seas Act, 46 USC 761-768, is a Federal law that governs almost all deaths that occur on the high seas. If you have lost a family member in a tragedy at sea, it is important to obtain legal advice from a lawyer experienced in handling maritime death claims. What damages are recoverable vary from case to case and depend upon multiple factors relating to the deceased, such as his marital status, age, whether or not he left surviving children, wage earning capacity, location of the accident, and the facts of the accident. The Death On the High Seas Act is restrictive in that it allows for recovery of only pecuniary damages, such as loss of economic support and services.
Beard has been an aggressive advocate in representing the minor children of deceased commercial fishermen. No amount of money can compensate a child for the value of a parent who dies at sea. Beard prides himself in obtaining full compensation for children eligible for benefits under the Death On the High Seas Act and the Jones Act. Beard has been on the forefront of developing maritime damages for a child’s loss of a parent’s care, nurture and guidance. Care, nurture and guidance damages are legally recoverable under the Death On the High Seas Act. Because the Death On the High Seas Act does not allow for damages to be recovered for loss of a spouse or parent’s love and affection, it is critical that your lawyer fully understand how to develop care, nurture and guidance damages evidence and testimony.
For workers employed as seamen, the Death On the High Seas Act may be supplemented by remedies available under the Jones Act. Because of the limitation on the types of damages available under the DOHSA, frequent disputes arise as to whether or not the accident happened on the high seas or within State territorial waters. In cases involving deaths in State territorial waters, careful analysis needs to be applied to determine which safety regulations may apply and to determine what type of damages may be recoverable.
In Death On the High Seas Act cases where the crew and the vessel are both lost at sea, the vessel owner often files a Petition For Limitation of Liability in Federal Court. The Petition For Limitation of Liability adds increased complexity to a Death On the High Seas Act claim. The vessel owner essentially claims no knowledge of the cause of the sinking of the vessel and attempts to avoid paying compensation to the deceased crewmen’s families. Over the last 30 years, Beard has successfully defeated many vessel owners’ Petitions for Limitation of Liability. Boats don’t sink at sea if proper maintenance and repairs are performed on the vessel and if the crew and captain are properly trained.
Beard has three decades of experience handling Death On the High Seas Act cases. He has handled more than 25 maritime wrongful death cases. His list of fishing vessel sinking cases include the sinkings of the Vestfjord, Aleutian Enterprise, Alaska Ranger, Pacific Apollo, Pacesetter, Arctic Rose, Katmai, Nesika, and Lady Cecelia, and others. Reconstructing the cause of vessel sinkings presents special legal challenges. Hiring an experienced maritime lawyer to help you with your claim is important to the success of your claim.
Beard and his partners at Johnson Beard & Trueb PC offer free initial legal consultations for the families of crewmen and passengers involved in Death On the High Seas Act claims. Call toll free 1-800-621-1091 to talk to Johnson Beard & Trueb PC about your claim.