Don’t Wait Around Too Long: Maritime Injury Statute of Limitations and Your Claim.

Georgia B. Day

The dangerous working conditions prevalent in the maritime industry frequently lead to injuries or even death for maritime employees. If you are injured while working on a ship or in the dockyards, you have legal rights. In general, claims for maritime torts or injuries to seamen occurring on navigable waters during traditional maritime activities can be brought under the Jones Act or the Death on the High Seas Act.

*We caution our readers to consult with experienced maritime counsel if they believe they may have a maritime claim because this is a very complex and specialized area of law that cannot be detailed in a mere blog post and our purpose here is to provide general educational information only.

Maritime Torts

Generally speaking, a “tort” is a civil wrong for which a person can seek legal redress. A “tort” becomes a “maritime tort” when it occurs anywhere on navigable waters and bears a “substantial relationship to traditional maritime activity.”

Maritime Torts and The Statute of Limitations

A maritime tort invokes federal admiralty jurisdiction and substantive admiralty law. What this means is that for all maritime torts (for example, a personal injury or wrongful death claim based on unseaworthiness), regardless of which state the claim is brought in, federal substantive law (not state substantive law) will apply.

This is important to understand because all actions brought under the Jones Act and the Death on the High Seas Act, as well as claims by seamen for injuries based on unseaworthiness of a vessel and claims arising under general maritime tort law, are subject to the Uniform Statute of Limitations for Maritime Torts (“Uniform Statute”).

Without exception, all state and federal courts have held that the Uniform Statute, which is a part of substantive admiralty law, must be applied to all maritime tort claims. It does not matter where that claim is brought, the Uniform Statute will apply to it.

The Uniform Statute, then, establishes the applicable limitation period for bringing a maritime tort claim.

The Importance of Uniform Statute’s Limitations Periods

The Uniform Statute sets specific deadlines for all maritime personal injury cases. This means that your case must be filed within the specific time period because if you do not file you’re within the specific timeframe after your accident and injury, you will generally be barred from filing for damages.

Maritime Injury Counsel.

At the Day Law Group, we handle maritime injury cases including those arising under the Jones Act and the Longshore and Harbor Workers’ Compensation Act. We offer free consultations. We have offices in Baton Rouge, and we serve all of Southern Louisiana. Call 225-200-0000 ToDay to schedule your free consultation or contact us here.

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Justin A. Day

A proud graduate of Southern University Law Center and former president of the Phi Alpha Delta Law Fraternity, Justin is best known for providing his clients with the personal attention they need while fighting hard to get them the compensation they deserve. Justin and his team are not afraid to take on the tough cases or fight the good fight. Dedicated and tenacious, for over 18 years, Justin has consistently achieved superior results for the clients he serves.

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Georgia B. Day

Georgia B. Day

Georgia B. Day is an experienced personal injury and worker’s compensation attorney. A former Administrative Law Judge for the Louisiana Workforce Commission, Georgia is driven by a desire to obtain justice for individuals injured in the workplace and those who have been injured due to the carelessness of others. Georgia takes pride in providing her clients with the best possible representation. Polished and professional, Georgia is best known for her excellent work ethic, obtaining superior results, and her responsiveness to clients.

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