If you are an injured seaman in New Orleans, Louisiana, you may be wondering how long you have to file a maritime lawsuit.
Though you may have heard that you have three (3) years to file a maritime lawsuit after your accident or injury, that isn’t always the case.
Failure to meet the statute of limitations (also known as the prescriptive period in Louisiana) could affect your ability to receive compensation for your injuries, which is why speaking with an experienced maritime attorney like our team at the Maritime Injury Law Firm is always in your best interest.
Under the Jones Act, what is the statute of limitation for maritime lawsuits for offshore workers in Louisiana?
Generally speaking, when filing a maritime lawsuit under the Jones Act, you have three (3) years from the date of your accident to file your claim.
Sometimes, if an injury isn’t discovered until much later, the date could be extended beyond three years. However, situations like those are infrequent.
So, if you are an offshore worker in Louisiana, and experience an accident or injury, you must file not sit on your rights as a Jones Act seaman and under maritime law.. The Maritime Injury Law Firm can guide you through the entire process, helping to ensure that your case isn’t tossed to the side simply because you failed to meet a specific deadline.
What workers qualify to file a maritime lawsuit under the Jones Act?
All qualified seamen can file a maritime lawsuit under the Jones Act.
This typically means that the employee works aboard a ship, vessel, or a fleet of ships their employer owns.
The work must contribute to the vessel’s functionality – with a minimum of 30% of their time aboard in certain jurisdictions. This can include barges, cargo ships, and tugboats in and around New Orleans, Louisiana, and throughout the Gulf Coast.
What about workers in New Orleans filing a maritime lawsuit against the U.S. government?
In New Orleans, offshore workers sometimes have injury claims against the government.
Workers who would file a maritime lawsuit against the government include merchants or seamen on a U.S.. naval ship, aboard the Military Sealift Command, or crewmembers working onboard a vessel owned or operated by a government agency.
The Jones Act does cover these claims, but it is important to note that the three-year statute of limitations does not apply. When filing a maritime lawsuit against the U.S. government, the statute of limitations is two (2)years, not three.
If you aren’t sure if your claim should be against the government, the Maritime Injury Law Firm can determine who is responsible – so that you can file your maritime lawsuit properly.
Why are statutes of limitations important for offshore workers in New Orleans, Louisiana to know?
As an offshore worker in New Orleans, Louisiana, it is essential to know the statutes of limitations so that your maritime lawsuit is not dismissed solely because you failed to file it on time.
If you are injured while working, the Maritime Injury Law Firm understands the intricacies of the Jones Act – for both regular and government suits – and can file your injury claim accurately, with plenty of time to collect and evaluate all necessary documentation.
Are you an injured seaman in New Orleans, Louisiana? Let the Maritime Injury Law Firm help you file your maritime lawsuit today.
Reach out to the Maritime Injury Law Firm today if you are an injured seaman in Louisiana. With decades of experience, we will make sure you meet the statute of limitations – fighting fervently to ensure you and your family receive all that you are due. Contact us today to schedule your free and confidential consultation. We look forward to hearing from you.