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The Death on the High Seas Act

January 19, 2010 @ 01:23 PM — by sanelson11
Tagged with: Corpus Christi Death On The High Seas Act Lawyer

The Death on the High Seas Act (DOHSA) applies to persons, including passengers, when the death is caused by a wrongful act on the high seas beyond a marine league from the shore of all states, dependencies and territories of the United States.  DOHSA does not apply to deaths on the Great Lakes or the rivers or lakes within the country.  All suits under DOHSA must be brought in admiralty.  The statute of limitations for DOHSA lawsuits is now three years.   

DOHSA actions may only be brought by the decedent’s personal representative, for the exclusive benefit of the decedent’s parent, child, spouse, or “dependent relative.”  Children, parents and the spouse do not have to prove dependency to recover.  The other relatives must show dependency.

The case can only be in United States district courts, in admiralty, and without a jury.  However, actions brought under general maritime wrongful death or survival law or under the Jones Act may be brought either in state or federal court.

Maritime lawyers should be aware of the limited damages recovery under DOHSA.  Damages are limited to the pecuniary loss only of the persons for whose benefit the suit is brought.  This means a recovery of only the actual economic losses (salary, paychecks, etc.) which the beneficiaries could reasonably have expected to have received from the life of the decedent.  There is no recovery for loss of love and affection, loss of consortium, loss of society, loss of companionship, or mental anguish. However, included in the pecuniary losses is the value of nurture to children, funeral expenses, loss of services around the home, and the value of the financial contributions that the decedent would have made to his dependents.

Decedents included in DOHSA are any person whose death was caused on the high seas, including seamen, passengers and crewmembers of a vessel, as well as the crew and passengers of aircraft crashing on the high seas, if the cause of death was a “maritime tort.”

Contact Corpus Christi maritime attorney Scott Nelson if you need help with a maritime matter.  Serving Brownsville, Galveston and all of South Texas.

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