What Damages Are Recoverable in a Death on the High Seas Case?
Before the Death on the High Seas Act, U.S. Courts did not provide any remedy for wrongful death occuring on the high seas under General Maritime Law.
Realizing how unfair this was, Congress passed the Death on the High Seas Act (DOSHA). DOSHA applies to seafarers and passengers. It provides a statutory wrongful death action and provides remedies for the personal representative of the decedent.
The U.S. Supereme Court, in a series of complex opinions, has held essentially that if the DOSHA controls, the courts were not free to supplement DOSHA's damages with common law damages. And the Court extended those holdings to Jones Act seaman's death cases, holding that the parents of a deceased Jones Act seaman could not recover loss of society damages because the Jones Act has been interpreted as allowing only pecuniary losses. (See Miles v. Apex Marine Corp., 498 U.S. 19 (1990).
So in cases where DOSHA applies, wrongful death damages are limited to "pecuniary losses" suffered by surviving family members (although in Jones Act cases, the deceased seaman's personal injury claim survives to his estate).
Also, state wrongful death laws cannot supplement or provide more damages when DOSHA applies. (See Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207 (1986).
So, what damages are recoverable under DOSHA?
DOSHA allows for "loss of support" damages. That means survivors can recover the financial contributions the deceased would have made had he (or she) lived.
To recover loss of support, the family must show some sort of dependence or expectation of support.
The total amount of support is not the decedent's future income. You have to take out the portions of the future income the decedent would have consumed himself (or herself), reduce the totals to present value, and take out taxes.
Spouses are generally able to get loss of financial support over the decedent's work life. Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority. For instance, in some cases, children may be able to recover for the cost of a college education.
Loss of inheritence may also be a legitimate recovery under DOSHA.
Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery. But to recover these damages, one must put on evidence of the reasonable value of these services.
Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA.
Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.
Spouses are generally able to get loss of financial support over the decedent's work life. Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority. For instance, in some cases, children may be able to recover for the cost of a college education.
Loss of inheritence may also be a legitimate recovery under DOSHA.
Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery. But to recover these damages, one must put on evidence of the reasonable value of these services.
Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA.
Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.
For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:
www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com
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About the firm
Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.
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Realizing how unfair this was, Congress passed the Death on the High Seas Act (DOSHA). DOSHA applies to seafarers and passengers. It provides a statutory wrongful death action and provides remedies for the personal representative of the decedent.
The U.S. Supereme Court, in a series of complex opinions, has held essentially that if the DOSHA controls, the courts were not free to supplement DOSHA's damages with common law damages. And the Court extended those holdings to Jones Act seaman's death cases, holding that the parents of a deceased Jones Act seaman could not recover loss of society damages because the Jones Act has been interpreted as allowing only pecuniary losses. (See Miles v. Apex Marine Corp., 498 U.S. 19 (1990).
So in cases where DOSHA applies, wrongful death damages are limited to "pecuniary losses" suffered by surviving family members (although in Jones Act cases, the deceased seaman's personal injury claim survives to his estate).
Also, state wrongful death laws cannot supplement or provide more damages when DOSHA applies. (See Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207 (1986).
So, what damages are recoverable under DOSHA?
DOSHA allows for "loss of support" damages. That means survivors can recover the financial contributions the deceased would have made had he (or she) lived.
To recover loss of support, the family must show some sort of dependence or expectation of support.
The total amount of support is not the decedent's future income. You have to take out the portions of the future income the decedent would have consumed himself (or herself), reduce the totals to present value, and take out taxes.
Spouses are generally able to get loss of financial support over the decedent's work life. Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority. For instance, in some cases, children may be able to recover for the cost of a college education.
Loss of inheritence may also be a legitimate recovery under DOSHA.
Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery. But to recover these damages, one must put on evidence of the reasonable value of these services.
Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA.
Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.
Spouses are generally able to get loss of financial support over the decedent's work life. Children can get support to the age of majority but only in special exceptions can children recover support damages after they reach majority. For instance, in some cases, children may be able to recover for the cost of a college education.
Loss of inheritence may also be a legitimate recovery under DOSHA.
Loss of services (for example, services around the house like lawn care and maintenance of family vehicles) may be another item of recovery. But to recover these damages, one must put on evidence of the reasonable value of these services.
Loss of nuture and guidance a parent would give to their children is also a legitimate pecuniary loss under DOSHA.
Finally, funeral expenses are a legitimate pecuniary loss under DOSHA.
For more information about the Jones Act or General Maritime Law, please contact Brian Beckcom at 713.224.7800, or toll free at 877.724.7800, or visit one of the firm's websites:
www.vbattorneys.com
www.themaritimelawyer.com
www.maritimeaccidentattorney.com
***************
About the firm
Vujasinovic & Beckcom, P.L.L.C. is a firm of board certified personal injury trial lawyers who handle serious injury and death cases, as well as business and insurance cases, on a contingency fee basis. The firm has a substantial docket of Jones Act and maritime injury cases.
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