Federal statute 46 U.S.C. §§ 30301–30308 — the Death on the High Seas Act — allows the surviving spouse, child, parent, or dependent family member of someone whose death was caused by neglect or a wrongful act more than three miles off the U.S. shore to bring a civil action against the responsible party. The Act also reaches certain deaths from aviation incidents that occur over water more than twelve miles from a domestic shoreline.
Beneficiaries are entitled to "fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought," with the recovery reduced for any contributory negligence. If the victim had a civil action pending at the time of death, the Act allows a personal representative to step in and continue the proceedings.
Get experienced maritime counsel involved early
DOHSA claims live in federal court and involve a tightly written body of maritime law. The cruise lines, vessel operators, and their insurers know the playbook — your family needs a lawyer who does too. Call 305-677-2228 for a confidential consultation.