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A: The DOHSA was created in 1920 to deal with a wrongful death taking place more than three nautical miles off the shore of any U.S. state or territory. It allows only for the recovery of monetary damages by the decedent’s direct family member or dependent relative. Damages are determined by the projected or actual value of the financial benefit that the decedent would have provided minus the decedent’s own portion had he or she lived. The DOHSA does not provide for any so-called pecuniary damages such as decedent’s pain and suffering, survivors’ grief or loss of society. The BP Deepwater Horizon story has brought the DOHSA into the news; some of the widows are asking Congress to repeal the law because it limits compensation that the employers must pay.
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Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases. If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.
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Vujasinovic & Beckcom P.L.L.C
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