Article

Statute Limitations on Maritime Accident Claims

Topic: InsurancePublished July 17, 2017

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A limitation statute is a law that is pertinent to the specified jurisdiction that has a limit to the time the law impact will always remain executable. Limitation statutes of admiralty are the statutes, whether state or federal, that imposes a time frame when someone’s legal rights for filing a lawsuit expire. In the maritime law setting, the limitation statute limits or restricts the timeframe that a business or individual has to file a case against the individual or entity. The determination of the most appropriate limitation statutes that can be applied in a given case can be contingent upon some specified factors within some jurisdictions. Consulting lawyers for maritime accident claims in the early phases of considering filing the admiralty case is very imperative. In the cases concerning the maritime laws, limitation statutes always seek to limit or restrict the time when the injury occurred or from the discovery of the injury to some amount of years that depends on the claim type to ensure a reasonable criminal or civil swift progression claims. The main purpose of the limitation statutes, whether it can be classified as a maritime case or not, it is also set to ensure the judgment, conviction, or verdict is based on the presented evidence with time. Once the specified time has elapsed, that claim is not eligible for filing. The maritime limitation statutes are no different.

Maritime Limitation Statute in Personal Injury and Wrongful Death Lawsuits

With the maritime death or injury claims, filing that lawsuit or claim before the specified limitation period elapses is imperative in seeking recovery or compensation damages. In the end, plaintiffs are barred from recovery if your claim is not filed promptly before the specific cases are deposited in the specified time in the limitation period statutes.  It is also imperative that the maritime law emanates and proceeds from different jurisprudence bodies such as the federal laws that are highlighted and the landmark personal injuries on the ocean are limited to the dates of filing the claims as stated below.

Death on the Sea Limitation Statute Act

In an occurrence of a wrongful death in the sea or ocean, members of the family of the deceased, as well as other real interest parties applicable, have three years according to the statutes to lay their wrongful death claims.The Longshore Worker and Harbor’s Compensation Act Limitation Statute Under the Workers and Longshore Act of Compensation, a plaintiff has only one year from the documented and alleged date of any accidents or incidences that occur during the employment period to file that claim.

Jones Limitation Statute Act

The 1920 Jones Act is one of the federal statutes that were enacted to develop clear laws and regulations that can protect crew members and seamen in some way in the context of employment. As state in the development and application of the Jones Act in the marine industry, employers are very strict to be sure that their workers must be strict to ensure that they can afford safety guidelines in the working conditions through proper training.

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