It covers any death that occurs more than 3 nautical miles from the shore of any state. A DOHSA claim can only be brought by the personal representative of the deceased on behalf of the decedent's spouse, children, or any other financially dependent relative. These claims only allow for the recovery of monetary damages, no non-pecuniary damages.
DOHSA damages are calculated based upon the value of the financial benefit that would have been received by the relative from the decedent. According to this calculation, dependent children may recover the value of the care and guidance that they would have received from the decedent parent. Also, a surviving spouse can recover the actual value of the financial contribution a decedent would have made to the family, had he lived, subtracting any amount that would have gone toward maintaining the decedent himself.
DOHSA does not allow for a loss of consortium claim, however, spouses can recover the monetary value of any household services the decedent would have provided throughout the remainder of his life. This is calculated using the number of anticipated hours of service the decedent would have provided multiplied by an hourly rate for those services.
Death on the High Seas Act
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