What Is The Statute of Limitations For Maritime Claims in Texas?
Various areas in Texas reach the Gulf Coast, but the multiple lakes and waters in the Lone Star State also mean a number of accidents happen every year. Overall, there are over 250 reported boating accidents yearly in Texas, resulting in 20 to 60 deaths annually.
Every claim has a statute of limitations that sets a strict time limit for filing a claim. If you wait too long and fail to file it within the period specified in the statutes, you will be barred from filing your injury claim. According to the Houston maritime attorneys at lipcon.com, missing the statute of limitations might end your claim before it begins.
Paying attention to the Jones Act statute of limitations for maritime workers and injured seamen is vital. Here is everything you need to know about the statute of limitations for maritime claims in Texas.
What is the Jones Act Statute of Limitations?
As an injured seaman, you have the right to sue your employers for negligence under the Jones Act statute. If you have been injured working on a vessel, you need to file your lawsuit within three years of your injury date. However, there are some exceptions to the rule. For example, suppose you were involved in a maritime accident or had exposure to benzene or asbestos dust but did not discover your injuries or condition until later. In that case, the time will start from when you first become aware of your injuries.
As these circumstances can vary from claim to claim, filing your maritime claim as soon as possible is the easiest and best way to ensure that you stay within the statute of limitations. The longer you wait to file your claim, the more challenging it will be to prove the factors behind your claims, and the less likely you will get a favorable outcome.
On the other hand, if you were assigned as a seaman to a vessel owned, contracted, or operated by the United States government, you will have a shorter period of time to file your claim. You must take legal action before time runs out to be allowed to file a Jones Act claim to seek compensation from your employer.
What Are the General Maritime Laws' Statute of Limitations?
In many cases, if you are injured in a general maritime accident, you have three years to file your personal injury lawsuit against those responsible for your injuries and losses. Suppose you want to take legal action against a ship's owner under the Doctrine of Unseaworthiness or plan to sue a third-party company, such as a supplier or manufacturer, under general maritime laws. In that case, you generally have three years from the date of your accident.
It is essential to understand that certain exceptions to the statute of limitations exist. Hence, it is essential to consult a maritime lawyer to ensure you will not forfeit your rights to file a claim.
The Outer Continental Shelf Lands Act (OCSLA) Statute of Limitations
The Outer Continental Shelf Lands Act protects maritime workers injured while working on the Outer Continental Shelf. Simply put, if you are involved in an accident on the Outer Continental Shelf, your accident will fall under the jurisdiction of the closest adjacent state. That means that your claim for OCSLA benefits will be governed by the statute of limitations of the nearest state to where the maritime accident happened.
Why is it Best to Contact a Maritime Attorney?
If you were injured while working on the water or developed a condition or illness you think may be linked to your employment, do not wait another second. A Texas maritime attorney will explain to you how the Jones Act or general maritime statutes of limitations will apply to your specific situation. Federal and state laws are sometimes confusing, including deadlines to file legal actions. It is critical to discuss the exact dates of your accident, injuries, and the proper filing deadlines with an attorney so no filing deadline is missed.
If you are injured working on a vessel or ship, you must fill out an accident report immediately following the accident or before leaving the ship. The accident report serves as the official documentation of your accident. You should only file or sign additional documents once you discuss them with a lawyer to ensure your rights are fully protected.
