When a loved one is killed at sea, whether they’re a maritime worker, a cruise ship passenger or even traveling on a commercial airliner, surviving family members may wonder how to get the compensation they need and are entitled to.
The federal Death on the High Seas Act (DOHSA) may apply. Let’s take a look at this law, which is more than a century old.
When does the law apply for surviving family members?
The law applies when “the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States.” The law is somewhat like survival actions allowed by states.
It allows the “personal representative” or executor of someone’s estate to “bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.”
The law states that the amount that loved ones can recover “shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought” and that it will be divided “among those individuals in proportion to the loss each has sustained.” Note that “pecuniary loss” refers to specific economic damages for things like burial expenses and lost wages.
Even if a foreign country’s actions or negligence were responsible for the death, the law states that a civil action can still be brought in a U.S. court. Further, families will be entitled to the same compensation as if a U.S. entity was at fault.
The law also covers some commercial aviation-related deaths
The law extends to deaths in commercial airline crashes that occur “on the high seas beyond 12 nautical miles from the shore of the United States.” In addition to pecuniary damages, families of these commercial airline crash victims who are included under DOHSA can recover “nonpecuniary” damages for things like “loss of care, comfort, and companionship” that are often referred to as “pain and suffering” damages.
At a time when family members are grieving the loss of a loved one, determining where to turn to seek needed compensation can be an unwanted added challenge. That’s why getting experienced maritime legal guidance is recommended.