Table of Contents
What’s The Statute Of Limitations In Florida Boating Accidents?
How long you have to file a personal injury claim for a boat accident ultimately determined by the location of your crash because the location determines the relevant law. The deadline for a boat accident governed under Florida law is four years from the date of the accident. By contrast, boating accidents where the Admiralty law takes precedence and require to be filed sooner, within three years.
However, depending on the type of Florida boating accident and the type of party you’re claiming against, some boating accident claims have an even shorter deadline.
If You escaped from a boating accident with serious injuries, you should consider seeking representation of a personal injury attorney in claiming compensation for your losses and pain.
Nothing can undo what’s been done, but the one thing that can assist you in getting through the trouble and moving forward with your normal life is receiving the maximum compensation from the negligent party. Personal injury compensation will cover some of the important losses you’ve incurred, such as lost wages and medical bills.
However, you should file your boat accident claim within the provided deadline set by the law for incidents that involve various types of vessels, such as:
- Boats
- Yachts
- Personal watercraft (PWCs)
- Cruise ships
In Florida, the statute of limitations for boat accident claims depends on a number of factors, and the most important is the location of the boating accident, as this determines the relevant laws:
- Florida state boating law or
- Admiralty law
How Long Do I Have to File a Florida Boating Accident Claim?
Florida state boating law only applies to cases that occur within waters that are contained within the state’s boundaries. And there’s a four-year statute of limitations for the Florida boating accidents on waters governed by Florida law.
1. Admiralty law or federal maritime law takes precedent in private and nautical maritime disputes that happen on the bays, the Atlantic Ocean, rivers, and lakes waters shared between states. Florida is allowed to follow its state procedural laws in maritime disputes; however, Admiralty law applies as the superior law. And there’s a three-year statute of limitations for boating cases on waters governed by Admiralty law.
2. If your injury suffered on a cruise ship, the statute of limitations for you to file a claim for damages is even shorter, one year, or even six months. And the cruise contract usually has timeline limits on both:
- Advance notification of your intent to file legal action
- And the actual filing of the suit
So, always read the fine print on your cruise contract or ticket.
3. Finally, if a loved one died as the result of a boating accident, first and foremost, we extend our condolences to you and your family. What you should know about the statute of limitations for wrongful death is that it has a two-year statute of limitations, and in some circumstances, as short as eighteen months from the date when the accident happened.
To recap, the general statutes of limitations for boating accidents claims are:
- Four years on waters governed by Florida law
- 6 months to 1 year for accidents on cruise ships
- Three years on waters governed by Admiralty law
- 2 years (or sometimes 18 months) for wrongful death
Can I Settle My Boating Accident case Outside Court?
Fortunately, most personal injuries in Florida settle out of court, sometimes just days or even hours before the trial is set to begin. If your case moves to trial, there will be further pre-trial hearings between the judge and lawyers for both sides. The rules of the trial will be established, and then the trial proceeds. Throughout the trial, lawyers for both sides may continue to negotiate toward a settlement before the case is turned over to a jury.
The jury will be faced with two verdicts. First, whether the at-fault party should be held liable for damages at all; and, if so, the amount of compensation to be paid to the plaintiff. (In one famous civil trial, the National Football League was found guilty of violating anti-monopoly laws but was subsequently ordered to pay three dollars in damages to the plaintiff.)
How Can The Law Offices of Boca Law Help You?
You have different rights under state law than you have under Admiralty law, and you have to figure out which laws are relevant to your boating accident.
Working with a Florida personal injury lawyer that has extensive experience in boating accidents will make a huge difference in the outcome of your case.Ready for a free, confidential boating accident consultation that will actually help you? Contact us today for legal advice from a skilled Boca Raton-based boating accident attorney.
