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General Maritime Law Claims and Wrongful Death
Whenever an employer’s wrongful act causes the death of a maritime worker, the personal representative of the decedent can recover damages under the Death on the High Seas Act (DOHSA).
DOHSA comes into play when the accident causing the death occurred on the ‘high seas’, which means those waters beyond the territorial waters of the United States, or beyond three nautical miles off-shore. DOHSA is applicable in commercial aviation accidents as well, if they occur more than 12 miles from shore.
Under DOHSA, the decedent’s spouse, children, dependent parents and relatives can recover damages, and unlike with the Jones Act, one class’s recovery does not preclude recover of other classes. Therefore if recovery is awarded, the recovery will be divided proportionately amongst the classes.
Only wrongful death damages are recoverable. No survivor actions are allowed under DOHSA. Non-pecuniary damages are disallowed as well, unless DOHSA is being applied in the case of commercial aviation accidents. In such cases, non-pecuniary damages (but not punitive) are allowable.
Generally, the following damages are allowed:
- Financial support and contribution
- Loss of services provided in the home
- Loss of nurture to dependent children
- Loss of inheritance
- Funeral expenses
- Pre-death pain and suffering if the decedent died while pursuing a claim
Additional Resources
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General Maritime Law and Wrongful Death
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