Death on the High Seas Act

Enacted into law in 1920 and amended by Congress in 2000, the Death on the High Seas Act (DOHSA) applies to fatalities of maritime workers that occur 3 or more miles off the coast of the United States, any of its dependencies, territories, or possessions. Under the amended version of the act, fatal airline crashes are also now covered also. DOHSA allows family members to recover compensation for financial losses associated with a fatal maritime accident at sea, as well as emotional pain and suffering associated with the loss of a loved one. In order for family members to recover losses under DOHSA, the death of a seaman or sailor must be due to the negligence or reckless actions of a ship’s owner, a co-worker, or airliner in the case of plane crashes that occur at sea.

How Damages are Determined under DOHSA

Under the terms of DOHSA, damages are based on the projected financial earnings and income of the decedent, as well as the importance of their place in their children’s lives. Spouses are eligible to receive an amount equal in value to the estimated financial contribution of the decedent, less costs associated with the personal maintenance and upkeep of the deceased. Children of the deceased are eligible to recover an amount intended to represent the value of the care, guidance, and support they would have received from the deceased. While DOSHA does not compensate spouses for loss of consortium it does compensate them for the value of household help and support the deceased would have provided had they lived.

When an Injury at Sea Leads to Death

Typically, if a injury at sea results in death at a later time, the deceased’s family or spouse cannot recover damages under the terms of DOSHA. However, if the deceased entered a personal injury lawsuit in federal court prior to their death, family members may seek damages under the terms of DOSHA:

“If a person die [1] as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default, the personal representative of the decedent may be substituted as a party and the suit may proceed as a suit under this chapter for the recovery of the compensation provided in section 762 of this Appendix.”

Filing a Claim under the Death on the High Seas Act

Family members have three years in which to file a claim for compensation under the Death on the High Seas Act. Since co-workers, captains, and supervisors may be reassigned or leave the maritime industry all together, it’s important to contact an experienced maritime attorney as soon as possible regarding a fatal injury at sea. Not only can a maritime lawyer prepare all necessary paperwork and documentation, they can also ensure relevant testimony and evidence is preserved and collected.

For more information regarding compensation under the Death on the High Seas Act, contact the law office of Bailey & Galyen.