What happens if someone dies as a result of injuries sustained on board a cruise ship?
If the death occurs within the territorial waters of a state, that state's wrongful death law would apply. However, when an accident occurs more than three miles from the shore and results in death, the Death On The High Seas Act (DOHSA) applies. In this event, there is no recovery for pain and suffering. What this means is that the only recovery that can be made by the survivors of the deceased is the amount of money that the deceased would have contributed to their support and well being. There is no compensation for pain and suffering, or for emotional grief under DOHSA. This means that retired persons who are not currently employed probably have very low pecuniary damages. The same would apply in the case of children.
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