Statute of Limitations for Passengers
Generally, under maritime law the statute of limitations for passengers injured at sea is three years. The statute of limitations is the time period you have to file a lawsuit after your injury. However, vessel owners and operators change that time period for you to file suit and also require you to provide notice, and that time period is usually much less than three years. This changed time period is stated on the ticket when you purchased your trip. Unfortunately, the Courts have upheld these time periods and their application to passengers.
Passengers on cruise ships generally must provide a written notice to the owner of the vessel, the operator or an agent of the vessel that they intend to bring a claim for the injury; the passenger must provide this notice within three to six months after the injury or accident. Once the passenger files the written notice, he or she must bring a lawsuit within one year of the accident. These timeframes do not apply to all passengers, however. The actual time period, if it exists, will depend on what your ticket states. Also, there may be a provision in the ticket that sets forth in what court and state the lawsuit must be filed. It is important that you retain a copy of your ticket and read it carefully to see what condition applies.
Because of these tight timeframes and because the time periods are different depending on your ticket, you must speak with an experienced maritime attorney as soon as you are able to do so after you seek medical attention for your accident.
If you were injured on a vessel that did not give you a ticket, it is important that you contact a maritime attorney to make sure you protect your rights. Do not assume that the typical three-year statute of limitations applies to you simply because you did not buy a ticket – consult with legal counsel to make sure you do not miss your window to file your written notice and claim.
The Boston maritime attorneys at Latti & Anderson LLP have over 45 years of experience helping passengers injured on cruise ships, ferries, whale watch boats and sport fishing trips. If you were injured on any of these types of trips or vessels or any other trip or vessel that required you to purchase a ticket, you must move quickly to make sure you meet the statute of limitations for your accident. If you do not provide notice of your intent to sue within the proper time, you will not be able to sue, and if you do provide notice but fail to file your lawsuit within the proper time, your lawsuit will be thrown out.
Contact the Boston maritime lawyers at Latti & Anderson LLP today if you have been injured as a passenger on a maritime vessel. Your time to file suit is very limited – if you were an injury victim while a passenger, you must act quickly. We can make sure your suit is filed correctly and on time so you do not miss out on your chance to recover money for your injuries. We serve clients all over the nation – call us today to tell us about your case.