What is covered under the ‘Death on the High Seas Act’?

The ‘Death on the High Seas Act’, or DOHSA, is a federal law that provides compensation to family members of individuals who have died due to an injury or illness sustained on the high seas. This law applies to situations occurring on the seas beyond three nautical miles from the US or any foreign country’s continental shoreline. In Washington specifically, this law offers a remedy to families with members who have been displaced or lost during marine transportation and were residents of the state. Under DOHSA, surviving family members of a person who perished while on the high seas due to an injury or illness are able to seek compensation for wrongful death. This includes reimbursement of burial expenses, compensation for lost wages, and punitive damages. It also allows for general damages such as pain and suffering, loss of consortium, loss of companionship and support, and mental anguish. However, this type of damages is only available if there is clear evidence of negligence on the part of the defendant. Additionally, DOHSA provides for a Recovery of Loss of Services claim for family members who are financially dependent upon the deceased. This type of claim seeks to recover expenses associated with the deceased’s loss of future financial support. Examples of such expenses can include burial and funeral costs, loss of household services, and health care expenses. The ‘Death on the High Seas Act’ is an important law for those residing in Washington and other states who have lost a loved one on the high seas and are seeking compensation for their losses. It is important to understand the limits of the legislation, as well as the available remedies, when seeking restitution. Speak to a maritime injury lawyer if you need to understand the specifics of this act.

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What is covered under the ‘Death on the High Seas Act’?

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