The loss of a loved one is difficult. When it happens at sea, it can feel even more overwhelming. The “Death on the High Seas Act” (DOHSA) is a federal law that aims to help families seek some measure of justice and financial support after losing someone in waters far from U.S. shores.
Who can receive compensation?
DOHSA is pretty specific about who can benefit from a claim. There are two main groups:
- The closest family members: This includes the spouse and children of the person who died.
- Other relatives who depended on the deceased: This might include parents or siblings who relied on financial support from the person who passed away.
It’s worth noting that DOHSA focuses on financial support. While the court automatically considers spouses and children eligible, other relatives may need to show they depended on the deceased person’s financial help.
Moreover, the DOHSA has a clear order regarding whom it should consider first. Spouses and children are at the top of the list. Only if there are no spouses or children does the law look at claims from other dependent relatives. This can sometimes create difficult situations within families, especially when some relatives are financially dependent, and others aren’t.
Who handles the legal process?
While the family may ultimately receive compensation, they are not the ones who directly take charge of the legal process. Instead, this responsibility falls on the personal representative.
The personal representative is usually one of two individuals: the person designated as executor in the deceased’s will or someone appointed by the court to administer the estate. This court appointment occurs when there is no valid will or when the will’s named executor can’t or won’t fulfill the role.
Aside from filing the claim under DOHSA, their role includes:
- Gathering necessary documentation and evidence
- Working with attorneys to pursue the case
- Representing and acting in the best interests of all eligible beneficiaries
This ensures that there’s a clear point of contact for legal proceedings and helps manage potential conflicts within the family during an already difficult time.
Get the support you need
Dealing with a loss at sea is challenging enough without the added stress of legal complexities. Consider reaching out to an attorney. They can offer valuable insights and help you make informed decisions about your claim.