Pecuniary Damages Under DOHSA: What Counts?

A fatal accident at sea can flip a family’s world in a single day. Bills keep coming, birthdays still land on the calendar, and the absence hurts in ways that are hard to explain.

At Shlosman Law Firm, a New Orleans personal injury firm, we help families steady the ground under their feet after serious accidents offshore and beyond. Our goal here is simple: to explain what “pecuniary damages” mean under the Death on the High Seas Act, and what losses you can recover.

DOHSA: The Basics

The Death on the High Seas Act gives certain family members the right to sue for a wrongful death caused by negligence on the high seas. It applies to deaths that occur more than three nautical miles from the U.S. shore, or more than twelve nautical miles for aviation accidents. DOHSA is a federal statute enacted in 1920, and it has been amended to reflect modern technology and worker protections.

Understanding who can sue and what can be recovered helps families plan their next steps with clarity. The sections below break down those rules in plain, usable terms. If anything here raises a question about your case, reach out and we can talk through it.

What Are Pecuniary Damages?

Pecuniary damages are financial losses that can be counted with reasonable certainty. Under DOHSA, recovery is limited to these economic losses suffered by the surviving family members. Non-economic damages, like pain, suffering, grief, or emotional distress, are not recoverable under DOHSA, which sets it apart from many state wrongful death laws.

To make this concrete, families often track the losses below, then support them with records and, when needed, economic professionals. Those numbers form the backbone of a DOHSA claim.

• Lost financial support from the deceased’s expected earnings and benefits.
• The value of household services, such as childcare, cooking, and home upkeep.
• Loss of nurture, guidance, and education for minor children.
• Loss of inheritance that likely would have built over time.
• Funeral and burial costs paid by eligible family members.

Courts look for documentation, regular patterns of support, and reasonable projections, not guesswork. Good records make a big difference, and small details often add up to real money.

Examples of Recoverable Pecuniary Losses Under DOHSA

Each family’s damages will look a little different, but the categories below commonly appear in maritime wrongful death cases. A focused review of work history, household roles, and family needs helps shape a fair number. Careful math can feel cold in a moment like this, yet it is how the law measures loss.

Loss of Support

This covers the money and benefits the deceased would have provided over time. Calculations usually consider base pay, overtime, bonuses, union or contract rates, promotions, and work-life expectancy. Evidence can include tax returns, W-2s, employment records, and testimony about consistent financial help.

Loss of Services

Families can recover the value of household work the deceased provided, such as childcare, meal prep, repairs, yard work, and transportation. Economists often value these services by using the market rate for comparable help in the community. Even a few hours per week, multiplied over years, can be a sizable number.

Loss of Nurture, Guidance, and Education

Children can recover the loss of a parent’s training, moral support, and educational guidance. This category aims to value the day-to-day coaching a parent gives, like homework help, sports and life lessons, and long-term mentoring. Courts accept that this guidance has a measurable value, even if it feels hard to price out.

Loss of Inheritance

This means the financial benefit survivors could reasonably have expected to inherit if the person had lived a normal lifespan. The analysis estimates what the deceased would likely have saved and passed down after personal consumption. It relies on expected earnings, savings habits, age, and any planned bequests.

Funeral Expenses

Funeral and burial costs can be recovered when paid by eligible beneficiaries. If the estate bears the cost, courts are less likely to award those expenses under DOHSA. Keep all invoices, receipts, and proof of payment to support this part of the claim.

Who Can Recover Pecuniary Damages Under DOHSA?

DOHSA limits recovery to the spouse, parent, child, or a dependent relative of the deceased. A personal representative, such as an executor or administrator, usually brings the case for the benefit of these family members. Eligibility can involve details like a valid marriage at the time of death, proof of parent-child relationship, or financial dependency for other relatives.

Each family member’s share depends on their loss. Courts often weigh age, dependency, and the pattern of support. Clear proof of financial help or caregiving can strengthen a claim.

• Spouse with a valid marriage at the time of death.
• Children, including minor and sometimes dependent adult children.
• Parents, if they can show dependency or a recognized legal relationship.
• Other relatives who can prove financial dependency on the deceased.

If you are unsure about standing or how to document it, a quick review can help confirm who belongs in the case. Getting this right early helps avoid challenges later on.

DOHSA vs. Other Maritime Laws

Seamen have rights under the Jones Act when injured or killed due to employer negligence. That statute allows broader damages, including non-pecuniary items like pain and suffering, which DOHSA does not permit. DOHSA can preempt other claims for deaths on the high seas, yet it does not cancel a Jones Act death claim against the employer.

Sorting out which law applies can shift the damages and defendants. The right path depends on status as a seaman, where the incident happened, and who is at fault. Evidence from the vessel, employer, or incident scene often guides that decision.

Comparative Negligence and DOHSA Claims

If the deceased shares some blame, compensation is reduced by that percentage. That reduction matches the level of responsibility found by the court or agreed in settlement. This rule pushes both sides to focus on facts, safety rules, and training records.

Here is a quick example to show the math in a simple way. Imagine total pecuniary losses are $1,000,000, and the deceased is found 20 percent at fault. The family would recover $800,000, reflecting that 20 percent reduction.

Time Limit for Filing a DOHSA Claim

DOHSA has a three-year statute of limitations from the date of death, set out in 46 U.S.C. § 30302. Starting early helps preserve logs, maintenance records, wage documents, and witness statements that can fade with time. Waiting too long can put recovery at risk since missing the deadline can block the claim.

Simple steps now can protect the case and reduce stress later. The list below offers a starting point you can use right away.

1. Gather employment records, tax returns, and benefit statements for the deceased.
2. Save proof of household services, childcare schedules, and repair duties.
3. Collect funeral invoices and receipts showing who paid.
4. Keep contact information for coworkers, crew, and anyone who saw the incident.
5. Reach out for legal help to identify the correct defendants and venue.

Documentation is the engine of a DOHSA claim. Strong records help tell the story of your family’s loss in clear numbers.

Have You Lost a Loved One at Sea? Contact Shlosman Law Firm Today

At Shlosman Law Firm, we stand with families facing the fallout from a maritime death, and we take pride in holding companies and insurers accountable. Our firm fights for full and fair compensation under the law, and we do not lose sight of the people behind the paperwork. If you have questions about DOHSA or a Jones Act claim, call 504-826-9427 or reach us through our website.

We welcome your questions, even if you are not sure where to start. A short conversation can clarify rights, deadlines, and next steps that fit your family’s needs. Feel free to call us. We are here to help you move forward with a plan that makes sense.