Originally passed in 1920, the Death on the High Seas Act (DOHSA), was intended to make it easier for the widows of seamen to recover damages for future earnings when the death of a seaman happens in international waters.

Damages allowed under the Death on the High Seas Act are limited to the monetary loss suffered by the family as a result of the death. The claim is brought by the personal representative of the dead seaman and is maintained for the benefit of all the seaman’s financially dependent relatives. Under the Act, the court should apportion the recovery among all seaman’s beneficiaries in accordance with their proportionate loss.

“When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.” 46 U.S.C. § 30302.

Currently, DOHSA does not allow for recovery for loss of society, care or companionship and the act preempts all other general maritime and state law claims that may allow for such recovery. In March 2006, a bill was introduced into the U.S. House of Representatives to amend the Death on the High Seas Act to allow for such non-pecuniary, or non-monetary damages.

The Death on the High Seas Act includes commercial aviation accidents beyond 12 nautical miles from the shores of the United States. This section of the Act was amended in 2000 to provide for recovery of damages for loss of care, comfort and companionship. The 2006 bill, which remains in committee, would allow for these other types of compensation in maritime death claims as well.

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