Death on the High Seas Act (DOHSA)

The Death on the High Seas Act (DOHSA) was originally passed by Congress in 1920 to provide compensation for widows of seamen who died in international waters. To officially file a DOHSA claim the death or incident causing death must occur at sea three miles out from the shore of any state. Typically wives, husbands, parents, and children may file a claim under the stipulations of the DOHSA.

All Death on the High Seas Act claims must be filed within three years of the date of death. Under DOHSA, financial recovery awards are determined based upon the actual or future value of the financial benefit that would have been received from the seamen who perished. This means that children can recover for the value of the care and guidance they would have received if their parent were still alive. A spouse can recover for the actual value of the financial contribution the decedent would have made to the family had he lived, less any amount determined to have provided for the care and maintenance of the decedent personally.

This means the recovery awarded is typically reduced by the amount of money the decedent would have needed personally if he or she had lived. A spouse can also recover the monetary value of the household services the decedent would have provided. This portion of recovery is based on the number of hours the beneficiaries would have expected to receive in services from the decedent and calculated based upon an hourly rate for those services projected out for the decedent’s life expectancy.

The Death on the High Seas Act is most commonly applied to victims of commercial airplane crashes that occur in international waters. However, airplane crashes involving corporate and privately owned airplanes are not covered under DOHSA.

Contact Maritime Lawyers Mark & Associates, P.C. Today

For more information on the Death on the High Seas Act or to inquire about your particular case contact Mark & Associates, P.C. today for a free evaluation. Please submit a case inquiry on the right side of this page or call 1-866-50-RIGHTS (1-866-507-4448).

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