Death on the High Seas Act in Weston
Admiralty & Maritime Law Attorney in Weston, Weston
When a wrongful death occurs more than three miles – or the marine league – away from the shore and on the high seas, a claim can be filed using the Death on the High Seas Act (DOHSA). While close family members and financial dependents of the decedent can benefit from such a claim, it cannot be filed by them. Instead, DOHSA claims need to be created by someone who has been named as a personal representative of the decedent, or a professional lawyer hired by the named administrator.
Has your loved one lost their life due to employer negligence or the general unseaworthiness of their vessel? Do you need assistance with a DOHSA claim? You can rely on Rash Mueller and our admiralty and maritime disasters attorney for all the legal guidance and advocacy you need.
Our Weston injury law firm stands out due to our accolades and accomplishments, including:
- 40+ years of collective legal and trial experience
- Hundreds of Millions won for past clients
- AV® Preeminent™ rating by Martindale-Hubbell®
- 10.0 “Superb” rating by Avvo
Start your case with confidence. Call (954) 914-7116 today.
Damages in a DOHSA Claim
Due to the ambiguity of maritime law, it can be difficult to determine what damages you can recover after losing a loved one on the high seas. With our assistance, experience, and know-how, we can help you pursue every last cent that you deserve following such a tragedy by successfully interpreting the law and upholding your rights.
Parties that could recover compensation in a DOHSA claim are:
- Children: Estimated total value of any care and parental guidance they should have received from the decedent throughout their lives.
- Spouse: The actual, calculated value of the income and contribution the decedent would have given their spouse, with a subtraction for the amount of that income that would have gone solely to the decedent’s own benefit.
- Dependents: Any other legal dependent, whether they are a child or an adult, may be able to recover the estimated cost of the care and service the decedent would have given them.
Spouses in wrongful death claims can usually collect compensation for loss of consortium or companionship. A DOHSA claim does not grant this option but it can reward an amount of compensation equal to the cost of household services or help the decedent could have offered during the marriage. A rough estimate of how many hours a month the decedent put into household chores is multiplied with what someone would have to pay to receive those same services in the state. The end result is the compensatory amount, extrapolated for many years.
DOHSA Aviation Rules
The Death on the High Seas Act also considers aviation disasters and accidents as potential grounds for a lawsuit under the act. An aviation crash that occurs more than 12 nautical miles from the nearest shore is considered to have occurred on the high seas, and fits the requirements of the DOHSA. Private aircraft and helicopter flights booked without any promise of compensation do not qualify; in general, DOHSA applies only to airline disasters.
Call our firm at (954) 914-7116 to discuss your legal options today.
Hundreds of Millions Won on Behalf of Our Clients
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$14,000,000 Trucking Crash Case
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$19,500,000 Medical Malpractice
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$9,000,000 Maritime Claim
Hear From Our Happy Clients
At Rash Mueller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"The Whole Team is a 5-Star Entity!"What more can truly be said about this entire Law Firm other than the Whole team is a 5 star entity! Attorneys David Rash, David Brill and their ever Lovely and Super Smart and Compassionate Paralegal Lori Simmer became our legal team approx 4 years ago. I can honestly say that my wife and I were treated like personal family with this law firm from day one. The whole team all fought and worked extremely hard for us on a very difficult case! Everything was handled in a timely professional manner and we were regularly kept updated on how the case was going. Our case resulted in a "Big Win" for our family and we can now say that thanks to the Law firms of both David Rash and David Brill and Co-star Lori Simmer we now feel that we have received some "Justice" for the senseless loss of our beloved daughter Jessica. We cannot thank these law firms enough for their help in Winning our case! In closing we honestly Thank God that we found them and we would wholeheartedly recommend anyone looking for a Professional, Hardworking, Intelligent, Compassionate team of Lawyers to handle their case and "Fight for the Justice" that both you and your family deserve! Thank-you once again for everything and God Bless you all :-) We are Forever Grateful.....Sincerely Michael & Barbara Totillo- Michael Totillo
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"Lori kept in contact, showed empathy, & was straightforward with all detail!"When I say..you’ve reached the right people..ur lucky to be in contact with them!! Although they couldn’t help me with my case. Leading up to the decision Lori kept in contact, showed empathy, and was straightforward with all detail! Lori told me more than my own doctors or the hospital did. I have closure because of HER! So I still won! My case was complicated to move forward due to other reasons..but she ain’t never let me down when speaking to her! She speaks to you as if she knew you forever! I appreciate this firm so much because before they say NO..they try, they listen, and they put work in!!! Thank you guys so much for everything!- Adrian W.
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"I so appreciate their kindness, genuine compassion, & 'got my back' attitude."From the first phone conversation with Lori, to the first time meeting with David and Jeff, all the way through and to the conclusion of my case, I felt as if these people truly cared about what happened to me. They didn’t just see a potential “case”. They were upset with my situation. They wanted to help. Through the years that this whole process takes, I have gotten to know them a bit better, and they have gotten to know me. I now consider them less “my legal team”, and more a part of my extended family, whether they realize it, or like it, or not. I so appreciate their kindness, genuine compassion, and “got my back” attitude. I hope you are never in a situation to need these folks, but if you ever are, I highly recommend talking to them and seeing if it’s a right fit for all.- Joel F.
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"Jeff & David are very compassionate, kind & won't let you down."I never thought that anything would ever happen to me that would lead me to post a review about this law office. Unfortunately, I was wrong and what happened was completely unimaginable so much so that police didn’t believe it at first. I was so confused and lost because it seemed that no one believed me. I googled malpractice in Florida and this was one of the offices that popped up. I called and spoke with Lori, the paralegal, and told her everything she believed me and Jeff and David did too. Due to what happened this wasn’t going to just be a civil lawsuit but a criminal one as well. They were a huge help in working with the police to get items that would prove my criminal case and would lead to felony arrest and jail time. They were there to talk to me all throughout the criminal case. Especially, Lori she truly cared and when I was all alone feeling that I wasn’t strong enough to get through this she was always there with good and caring advice. I was with this law firm for the past 3 years and Jeff and David are very compassionate and kind. From the attorneys to the paralegal they worked very hard and did so much that they have changed my life. If you are looking for an attorney office with experienced, knowledgeable, and compassionate staff. I promise they won’t let you down.- Tiffany S.
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"They leave no stone unturned & will make sure you know what to expect and what your rights are."They were great every step of the way, keeping you informed. Also, their assistants and reps are wonderful with keeping you updated and communicating between Jeff and David. They leave no stone unturned and will make sure you know what to expect and what your rights are. I am forever grateful and highly recommend them.- King F.
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"Wonderful team! Great group of people, very attentive to clients."Wonderful team! Great group of people, very attentive to clients, left us with no doubts in our process and stood by us til everything was taken care of. Would definitely recommend to others!!!- Jennica P.
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"Highly recommended. They are professional, accommodating, and great with communication."They are the best! Highly recommended. They are professional, accommodating, and great with communication. I would not go to anyone else.- Brandon
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"e was a godsend to us in a time of extreme duress. If you are looking for an excellent attorney, look no further. 5 STARS!"David Rash is the kindest and most professional lawyer we have ever worked with. He is always timely in his responses to us and incredibly thorough. His experience and intelligence in his dealings makes working with him very easy. He was a godsend to us in a time of extreme duress. If you are looking for an excellent attorney, look no further. 5 STARS!- Mindy A.