The majority of legal claims include what’s known as a “statute of limitations”. A statute of limitations is a period of time within which a claim may be filed after an event such as an accident, an injury, or the diagnosis of an illness.
In the world of maritime law, the Jones Act defines the statute of limitation on maritime torts as three years after the date of an injury or when you first became aware of an occupational injury or illness and its cause. If you suffer a maritime injury and don’t file your claim within three years of the event, your employer may not be held liable as the claim was not filed within the Statute of Limitations.
Can The Statute Of Limitations Affect My Maritime Injury Claim?
The intention behind the Jones Act is to hold maritime employers accountable for any injury, illness, or loss suffered at sea during employment. But if you wait too long to file your claim under the Jones Act, the statute of limitations may prevent you from successfully filing a claim for damages. After the three years is up, even if you contact a maritime injury lawyer like O’Bryan Law, we’ll still have to go over all the facts to see if your claim can still be pursued under maritime law.
The statute of limitations can also affect medical malpractice claims. Under maritime law, if an employer is found liable for the malpractice of a doctor they selected, a separate statute of limitations may apply to the amount of time you can file a malpractice claim against a specific doctor. These statutes may vary from state to state, and are often less than three years.
How Can I File My Claim As Quickly As Possible?
If you have become injured while working on the water, or develop an illness or condition you believe may be linked to your employment, don’t wait another second. Contact the experienced Jones Act attorneys of O’Bryan Law today and let us fight for you. We’ll review all of the facts of your case and determine what can be done to get you the justice you deserve – even if you’re near the end of your statute of limitations.