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Losing a loved one is overwhelming and emotionally draining. For many family members who relied on their loved one’s income to survive, they also face financial distress. The Death on the High Seas Act (DOHSA) was originally established in 1920 to allow family members of seamen to recover damages for future earnings.
This law states that whenever the death of a person is caused by a wrongful act, neglect or default occurring on the high seas beyond a marine league from any state, District of Columbia or U.S. territories, a personal representative of the deceased individual can pursue damages. The action to recover compensation must be on behalf of the deceased individual’s wife, children, parent or other relative who was financially dependent.
Compensation available under DOHSA for surviving family members is calculated based on the actual or projected value of the financial benefit that would have been provided by the decedent. These financial damages are known as pecuniary losses. For example, the surviving spouse can pursue compensation that would equal the actual value of the financial contribution that would have been made by the deceased spouse. Dependent children could recover an amount that would be intended to equal the value of the guidance and care that would have been provided by the deceased parent.
The surviving family members can file a lawsuit against the negligent party, such as the vessel owner, person or corporation for damages. However, if the deceased individual’s actions contributed to the accident that resulted in his or her death, the amount of damages awarded to the family could be reduced.
In some situations, deaths resulting from commercial airline crashes are also covered under the Death on the High Seas Act.
There is a deadline as to when a claim can be filed for a loved one who was killed at sea. Under the Death on the High Seas Act, the lawsuit must be filed within three years from the date the action occurred, which is typically the date of death. If you have lost a loved one due to an accident offshore, you need to contact an experienced maritime lawyer to review your case. Waiting too long to seek legal advice could hurt your case.
Contact the maritime attorneys at Vujasinovic & Beckcom P.L.L.C. today at (713) 224-7800 or (877) 724-7800 for legal consultation regarding your DOHSA case. We have extensive experience and will help you receive the compensation you deserve.