Can We Recover ‘Pain and Suffering’ Under DOHSA?

Loss at sea lands like a wave you did not see coming. The grief is heavy, and the money fallout hits fast, from lost paychecks to sudden bills. At Shlosman Law Firm in New Orleans, we help families after serious maritime tragedies, and we hold corporations and insurers to their duties.

This article explains what damages are available under the federal Death on the High Seas Act, or DOHSA, with a clear focus on pain and suffering. Our goal is to give you helpful, plain-language information you can use. It is educational only, not legal advice, and your facts matter, so speak with an attorney about your case.

What is the Death on the High Seas Act (DOHSA)?

DOHSA is a federal maritime law passed in 1920. It creates a wrongful death claim when a person dies from negligence or a wrongful act more than three nautical miles from United States shores. This statute fills a gap for deaths that happen far from state waters.

Families see DOHSA raised in cases involving commercial vessels, cruise ships, and even aviation crashes over international waters. The law aims to provide a uniform remedy where state wrongful death laws do not reach. It keeps the focus on financial harm to the surviving family.

Who Can File a DOHSA Claim?

Only a limited group can bring a claim. The law directs that the personal representative of the estate files the lawsuit for the benefit of certain survivors.

• Spouse of the deceased.
• Child of the deceased.
• Dependent relative of the deceased.

The court will expect proof of the relationship and proof of dependency when that applies. Paperwork from the estate, tax records, and family records usually play a role here. Getting organized early helps the process move better.

Damages Recoverable Under DOHSA: The Pecuniary Loss Rule

DOHSA follows a pecuniary loss rule. That means recovery usually covers only economic harm, not emotional harm. The focus is on the money impact that the death caused.

These losses are measured by what the family would have received if the person had lived. They involve both present and future financial effects. Courts look at work history, career path, and family needs.

Common examples include the following, and every one of them needs proof:

• Loss of support, meaning paychecks and benefits the deceased would have provided.
• Loss of services, like household tasks and caregiving that now require replacement.
• Loss of inheritance that would likely have been left to the survivors.
• Funeral expenses paid by family members rather than the estate.
• Parental nurture, guidance, care, and instruction to children.

Courts rely on economists and life care planners to quantify these dollars. Pay stubs, tax returns, and testimony from family and co-workers can matter a lot. The math is detailed, yet the story behind the numbers counts, too.

Can You Recover for Pain and Suffering? Non-Pecuniary Damages Under DOHSA

Here is the hard part. DOHSA generally does not allow recovery for non-pecuniary damages such as the decedent’s pre-death pain and suffering, loss of consortium, or the survivors’ emotional distress. It focuses on dollars that can be counted.

This limit can lead to lower totals than many state wrongful death laws. Families often expect compensation for grief and heartbreak, and we get why. Under DOHSA, those human losses usually are not available.

DOHSA Damages at a Glance

The chart below summarizes which damages typically fit under DOHSA and where limited exceptions appear. It is a quick snapshot, not a full case analysis.

Your case can include more than one legal path. Where a DOHSA claim stops short, another claim type sometimes fills a gap. That is why a careful case assessment matters early.

Exceptions Allowing Recovery of Non-Pecuniary Damages

There are narrow carve-outs that open the door to non-pecuniary recovery. Each exception has rules that set tight boundaries. Read the details closely, then match them to your facts.

The Commercial Aviation Exception

Congress amended DOHSA in 2000 for commercial aviation accidents. If a commercial flight crashes beyond twelve nautical miles from United States shores, survivors can recover certain non-pecuniary damages. This includes loss of care, comfort, and companionship under 46 U.S.C. § 30307.

The exception is limited. It does not include the decedent’s pre-death pain and suffering. It also does not turn every overseas flight case into a state law claim.

Families should focus on proof of the distance from shore, the commercial status of the flight, and the relationships of the survivors. Small facts change outcomes. Aviation records, radar data, and federal reports often provide the needed proof.

The Jones Act Connection

If the person who died was a seaman under the Jones Act, the estate can recover for the decedent’s pre-death pain and suffering through a survival claim. That remains true whether the death occurred within territorial waters or beyond them. The Jones Act and general maritime law supply that remedy for seamen.

This path often runs alongside a DOHSA wrongful death claim. One recovers the seaman’s personal losses before death, while the other covers the survivors’ pecuniary losses after death. The two can work in tandem when the facts support it.

Other Potential Exceptions

Some courts have read DOHSA to apply only to the high seas tortfeasor, which can leave room for state law claims against other negligent parties tied to shoreside conduct. One notable case is Garofalo v. Princess Cruises, 85 Cal. App. 4th 1060, 102 Cal. Rptr. 2d 754, 2000. Results vary by jurisdiction, and facts drive whether state law rides along.

This approach can matter where medical care on land, planning failures, or shore-based maintenance played a role. The target defendant and where the act happened will control the analysis. Venue and choice-of-law fights often come up in these disputes.

The Importance of Filing Suit Before Death

When a loved one suffers a severe injury on the high seas and faces a real risk of death, filing suit fast can protect claims for the injured person’s own damages. That includes pain and suffering, medical bills, and other losses that belong to the injured person. If the case is not filed before death, the estate can lose those items.

Here are steps that help preserve rights when time is short:

• Open an estate or prepare to appoint a personal representative quickly.
• File a personal injury action for the injured person’s damages without delay.
• Collect records and witness statements while memories are fresh.

Speed matters with maritime claims. Evidence gets lost at sea, and the crew move on to the next job. Filing early gives the court power to order preservation of logs and data.

Statute of Limitations Under DOHSA

DOHSA has a strict three-year statute of limitations measured from the date of death. Miss that date and the claim is generally barred. Courts apply this deadline with little room for excuses.

Contacting counsel early often changes the outcome. Quick action helps secure voyage logs, maintenance records, and electronic data from vessels or aircraft. Even a few weeks can make the difference in what gets preserved.

Contact Shlosman Law Firm for Assistance

At Shlosman Law Firm, we help families recover after serious maritime accidents and push back when corporations and insurers try to avoid responsibility. Our firm builds cases with care and fights for fair results in court or across the table. Your story matters, and we want it heard.

If you have questions about DOHSA, the Jones Act, or how exceptions might fit your case, reach out today. We welcome your questions and will walk through the steps in plain language.

The law on deaths at sea is strict, but there are paths that can bring real relief. We stand with families during hard days and work to protect every claim the law allows. Call 504-826-9427 or visit our website to get started now, and let us shoulder some of the load while you focus on family.