[4] While DOHSA was originally intended to cover naval accidents and other incidents occurring on ships, the Act was amended in 2000 and to expand the amount of recovery available to victims' families after deaths resulting from certain commercial airline disasters.

[6] Prior to DOHSA's enactment, advocates for the bill were concerned that no remedies were available for an individual who died on the high seas, which are outside of the reach of state and federal jurisdiction.

"[2] In 2000, Congress amended the Act to also apply to deaths arising out of commercial airline disasters over the high seas occurring more than 12-nautical miles outside of U.S. territorial waters.

[3][11][12] The Act does not necessarily prevent the beneficiaries from making claims based on their own pain and suffering, if they personally witnessed the incident that caused the death.

"[13] In other words, damages under the Act are calculated based on "the pecuniary benefits that the beneficiaries might reasonably be expected to have derived from the decedent had his life not been terminated," or the amount of money that the deceased individual would have contributed to the surviving family members lives if they had not died.

[14]  Damages should be calculated based on the deceased's age, earning potential, overall health, and the amount of contribution made to the surviving relatives' lives prior to death.

[4][16] However, when Congress amended DOHSA in 2000, it expanded the available remedies for certain deaths resulting from commercial airline disasters, and surviving relatives of these decedents may now recover additional damages "for loss of care, comfort, and companionship.

[19] The plaintiffs cited to a Proclamation by former President Ronald Reagan in which he extended the boundary of United States territorial waters to up to twelve miles from the shores.

[19][20] Notably, though, the Proclamation included a disclaimer stating that it was not intended to modify “existing Federal or State law or any jurisdiction, rights, legal interests, or obligations derived therefrom.”[20] The Southern District of New York ultimately agreed with the plaintiffs, noting that the Proclamation effectively "redefined" the high seas to extend to twelve nautical miles from shore.

"[24] In Brown v. Eurocopter S.A., the court held that DOHSA applied to a on-demand air taxi helicopter flight, and the surviving relatives could recover non-pecuniary damages under § 30307.

This discrepancy generated widespread criticism of the statute and has prompted additional proposed legislation to provide the same coverage to surviving relatives of those individuals.

'"[27] The bill would also amend § 30307 of the Act to strike the word "commercial" from the statute and allow recovery of non-pecuniary damages in all aviation incidents occurring more than 12 nautical miles from U.S.