What Damages the Law May Allow — and What They Depend On
Damages in a civil aviation case are described by category. Economic damages generally include past and future medical expenses, lost wages, lost earning capacity and rehabilitation costs. Non-economic damages include pain and suffering and loss of consortium, meaning the harm to a close family relationship. Whether non-economic damages are available, and whether a cap limits them, varies by state.
When someone dies, a wrongful death claim lets certain surviving family members bring a case. State law decides who those family members are and which categories they may claim. Many states recognize categories such as loss of financial support, loss of companionship and funeral expenses, but no single state's rule applies everywhere. The site's page on aviation wrongful death covers those questions in more depth.
Location can change which law governs. Under 46 U.S.C. § 30302, part of the Death on the High Seas Act (DOHSA), when a death is caused by "wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States," the decedent's personal representative may generally bring a civil action in admiralty against the person or vessel responsible, though DOHSA has separate rules for deaths from commercial aviation accidents. The statute says that action is "for the exclusive benefit of the decedent's spouse, parent, child, or dependent relative." For a seaplane lost far offshore, whether DOHSA applies can change which law decides the damages question and who brings the claim.
Limitation periods, the deadlines for filing suit, differ from state to state and by type of claim. Fault rules and damages rules differ as well. This national page does not set out any one state's deadline. Whether any category of damages applies depends on the facts and on the law of the jurisdiction that governs, and each element has to be proven.