Death On The High Seas Act Lawyer (DOHSA)

The personal representative of any person (seaman, passenger or guest, passenger and crew on aircraft that crash over the high seas, and even those killed in foreign territorial waters), who died beyond the territorial seas of any state or the United States, may bring a DOHSA claim on behalf of the decedent’s beneficiaries.

DOHSA allows recovery on behalf of the decedent’s beneficiaries. Beneficiaries have been determined to include:

• Surviving spouse: A wife or husband who was married to the decedent at the time of death. Common law spouses (as long as their common law marriage complies with the applicable state law) have been held to be a surviving spouse. Divorced spouses, however, are not deemed to be beneficiaries.
• Children: Biological children as well as stepchildren who have suffered pecuniary losses due to the death have been held to be beneficiaries.
• Parents: Dependent parents are considered beneficiaries. Non-dependent parents, however, are not beneficiaries.
• Siblings: Siblings who are dependent on the decedent may be deemed dependents.

A DOHSA claim must be filed within three years of the date of death. However, if the decedent was traveling as a passenger on board a cruise ship, the ticket contract may well reduce the three-year time period to one year.

Damages under DOHSA are determined based upon the actual or projected value of the financial benefit that would have been received from the decedent. Under this theory, the following damages are available:

• Financial Support and Contribution: The financial contributions that the decedent would have made to his spouse and dependents over the course of his/her work life expectancy less any amount determined to be for the care and maintenance of the decedent personally.
• Loss of Services: The monetary value of services the decedent would have provided to the beneficiaries around the home.
• Nurture to Dependent Children: The value of care, guidance and training to the decedent’s children.
• Loss of Inheritance: The value of the decedent’s monetary support over the life expectancy of the decedent to dependents.
• Funeral Expenses: Funeral expenses are allowed to the point actually paid by the beneficiaries.
• Pre-Death Pain and Suffering: Is recoverable under at least two circumstances: 1. if the decedent is a Jones Act Seaman or 2. if a personal injury plaintiff having previously brought suit later dies.

The measure of recovery under a DOHSA is limited to pecuniary damages and, therefore, non-pecuniary losses are not recoverable, to wit:

• Grief, bereavement, and mental anguish of dependents are not compensable;
• Loss of society and consortium are also not recoverable because these are non-pecuniary losses.