What You Need to Know Before Filing a Maritime Injury Claim
The law of the sea is very different from that of the land, and it can be confusing for someone who chooses to visit rather than work there. If you go out to sea on a fishing charter, cruise ship, or even in a friend’s boat, and if you are injured in an accident, you may find that filing a boating accident claim is not as simple as filing a car accident claim. Maritime law has many stipulations that you must consider before proceeding with an injury claim. Because of this, it might be in your best interests to work with an Orlando boating accident lawyer who fully comprehends the intricacies of maritime law, and who will know how to best apply the law to your particular case.
Filing a Claim Under Maritime Law
If you are injured out at sea, there are a few factors that you must consider before filing your claim. Some things to think about include:
- Was the ship seaworthy?
- Did the accident occur in U.S. waters, or was the boat in international waters?
- If you were injured on a cruise or fishing charter, did you waive your right to a claim if you were injured aboard the vessel?
- Did negligence – either your own or someone else’s – play a factor in your injury?
These are all questions that you need to seriously consider, because even one “wrong” answer may make your injuries ineligible for an injury claim. However, even if your answers are all agreeable for a boating accident claim, there are other standards that your claim will have to meet. For instance, while the statute of limitations for filing a claim under maritime law is three years, if you were injured on a cruise ship, the time limitations vary. Most cruise lines include a provision in their ticket contracts that require you to file a lawsuit in a particular court and within a much shorter time period than maritime law allows for. Additionally, you must provide written notice to the cruise line of your intent to sue within three to six months of the accident.
If you were a passenger aboard a ship or sea vessel, and if you were injured because of the operator’s negligence or a poorly maintained vessel (i.e. broken stair rail or loose railing), you may consider filing a boating accident claim. Because of the convoluted rules of the sea, however, it would be in your best interest to work with an Orlando boating accident lawyer.
For a more thorough understanding of maritime law as it pertains to passenger injuries, review Title 28 U.S. Code § 1333.
Contact an Orlando Boating Accident Lawyer
If you were injured in a boating accident, your life may be negatively affected. From extensive medical bills to lost wages, the financial burdens may become too much for you to handle on your own. The compensation from a claim may be just what you need to regain solid financial standing. For help with your claim, reach out to the Orlando boating accident lawyers at The Pendas Law Firm. Our legal team thoroughly understands maritime law and what you need to do to file a successful claim. To speak with a legal representative today, call 1-888-LPENDAS now.
The Pendas Law Firm also represents clients in the Tampa, Fort Myers, West Palm Beach, Jacksonville, Miami, Daytona, Bradenton, and Fort Lauderdale areas.