After a serious maritime injury or the loss of a loved one, it’s understandable to feel overwhelmed. Legal deadlines may not be the first thing on your mind. But waiting too long to seek legal advice can affect your ability to recover compensation.
If a vessel owner, employer, or another party may be responsible for the incident, it’s important to understand that maritime and admiralty law includes strict time limits for filing a claim. These statutes of limitations vary depending on the type of case. Missing a deadline can mean losing the right to pursue your case entirely.
Your first priority should be medical care. But once your immediate health is addressed, it is in your best interest to consult with a maritime attorney who can help you understand your options and preserve your claim.
The deadlines for filing a maritime injury claim depend on the type of case and the parties involved. If you miss the applicable statute of limitations, you may lose the right to bring a lawsuit and recover compensation. The following are common timelines that apply in maritime and admiralty law:
Most maritime personal injury cases must be filed within three years from the date of the accident or injury.
If the vessel was owned by the United States and operated by a private company under contract, you must provide written notice to the government and its agent within 22 months. The lawsuit must be filed within two years of the incident.
The time limit regarding a cruise ship injury is often shorter and depends on the terms of your passenger ticket. In many cases, written notice is required within three to six months, and the deadline to file suit is one year from the date of the injury.
If your claim involves negligence by a federal government entity, you must first file a formal claim with the agency within two years. If the agency denies the claim, you have six months from the date of the denial to file suit in federal court.
If the vessel is owned or operated by a state government, deadlines vary by state law. Some require notice within one year and a lawsuit filed within two to three years.
It is important to speak with a maritime attorney as early as possible, as these timelines can be complex and often begin running as soon as the incident occurs.
Personal Injury Actions
For injuries that occur on land, the statute of limitations varies depending on where the accident was. Different states have different statute of limitations which can vary from 2 years to in some states 6 years.
It is important to speak with an attorney as early as possible, as these timelines can be complex and if not timely filed will prevent you from bringing a claim.
Strict deadlines apply in maritime and admiralty law. Missing the correct filing date, using the wrong process, or failing to give proper notice can prevent you from bringing a claim at all. An attorney can help you understand the timeline that applies to your case and ensure your rights are protected.
For over 60 years, Latti Associates LLC has represented maritime workers, passengers, and families after serious injuries and losses at sea and on land. We offer free consultations and do not charge attorney fees unless we recover compensation on your behalf. If you believe you may have a claim, contact us to discuss your options.
