Did you know that 2,629 boat injuries happened in the United States? These injuries only account for 2017. Were you a victim of one of these incidents?
If so, what type of claim can you file? Is it a maritime or personal injury law? There’s a fine line between these laws when it comes to boat accidents.
Before filing your claim, you must understand what is maritime law and when it applies. We’re going to discuss the following questions that can help you decide if your claim falls into personal injury or maritime law:
What Is Maritime Law?
Maritime law regulates the activity of navigable waters. It’s also known as admiralty law. Under these regulations, bodies of water used for commerce are considered navigable waters.
Most of the time, this area of law is only associated with commercial vessel accidents. Yet, some jurisdictions have held that recreational boating accidents have occurred in navigable waters. But, this doesn’t mean that maritime law will govern in those cases.
Some of the maritime laws that regulate navigable waters are the Jones Act, Death on the High Seas Act, and Long Shore Claims. The first law applies to accidents related to employer negligence.
To qualify for Jones Act protection, seamen must spend at least 30 percent of their time working on a vessel in navigation. When a maritime worker dies, their loved ones may receive damages and compensation under the High Seas Act.
Maritime Law protection doesn’t only apply to seamen but, off-shore maritime workers as well. Long Shore Claims provides protections similar to the Jones Act for workers who are land-based.
Does It Apply In Your Case?
If you suffered a recreational boat accident, personal injury and maritime law will apply in your case. But, it’s possible that terms such as time limit filing will follow personal injury law requirements. This means that you’ll have 1 year from the time of the accident to file your claim instead of 3 years.
It’s recommended that you discuss your claim with a maritime lawyer to know what laws apply to your case. If the injury you suffered was caused by employer negligence, maritime rules such as the Jones Act will apply to your case. Maritime injury laws apply to injuries of maritime workers and the responsible parties.
Should You File Your Maritime Law Case Today?
Yes, you should consider filing your case today. Remember that you don’t want your claim to expire. It’s recommended you consult a maritime lawyer before filing your case.
Before you contact them, you should understand the basics of what is maritime law. Also, it’s important that you gather all the information and evidence available about your claim. Remember that the attorney will use it in your filing.
You should consult your attorney as soon as you suffer the accident. Because personal injury law terms can apply to your case. These may limit your causes of action and filing time limit.
Do you need to consult an attorney that specializes in maritime law? We can help. Contact us today to schedule your free consultation!