florida maritime law statute of limitations

Florida Maritime Law Statute of Limitations

Howdy, readers! Welcome to our deep dive into the fascinating world of Florida maritime law statute of limitations. Get ready to navigate the legal waters with us as we unravel the ins and outs of this crucial concept.

What is a Statute of Limitations?

A statute of limitations is a legal deadline for filing a lawsuit. If you don’t file your lawsuit within the specified time frame, you’ll lose your right to seek legal recourse. The purpose of a statute of limitations is to ensure that claims are brought forward promptly and to prevent stale claims from burdening the legal system.

Florida Maritime Law Statute of Limitations

When it comes to maritime law in Florida, the statute of limitations is a bit more complex than in other areas of law. There are different deadlines depending on the type of claim you’re filing.

Time Limits for Admiralty and Maritime Claims

• For personal injury claims, such as injuries sustained in a boat accident, the statute of limitations is three years.
• For property damage claims, the statute of limitations is also three years.
• For claims related to wrongful death, the statute of limitations is two years.

Exceptions to the Statute of Limitations

There are a few exceptions to the statute of limitations for maritime claims in Florida. These include:

Discovery of the Injury or Damage

If you didn’t discover your injury or damage until after the statute of limitations had expired, you may still be able to file a lawsuit. However, you must file your lawsuit within one year of discovering the injury or damage.

Defendant’s Absence from the State

If the defendant was absent from the state of Florida when the statute of limitations expired, you may have additional time to file your lawsuit. The statute of limitations will be tolled (paused) during the time that the defendant was absent from the state.

Defendant’s Concealment of the Cause of Action

If the defendant fraudulently concealed the cause of action from you, the statute of limitations may be tolled until you discover the cause of action.

Table of Florida Maritime Law Statute of Limitations

Filing a Maritime Lawsuit in Florida

If you believe you have a maritime law claim in Florida, it’s important to act quickly to preserve your rights. The statute of limitations can be a strict deadline, and missing it can have serious consequences.

To file a maritime lawsuit in Florida, you must:

1. Contact an experienced maritime attorney.
2. File a complaint with the court.
3. Serve the defendant with a summons and a copy of the complaint.

The legal process can be complex, so it’s essential to have an attorney guide you through every step of the way.

Conclusion

There you have it, readers, a comprehensive guide to the Florida maritime law statute of limitations. Remember, if you’re considering filing a maritime lawsuit, don’t wait too long. The statute of limitations can be a real hurdle if you’re not aware of it.

If you have any more questions, be sure to check out our other articles on maritime law. We’ve got you covered on everything from personal injury to property damage to wrongful death. Stay tuned for more legal adventures!

FAQ about Florida Maritime Law Statute of Limitations

What is the statute of limitations for maritime claims in Florida?

In general, the statute of limitations for maritime claims in Florida is three years from the date the cause of action accrues.

What is the "date the cause of action accrues"?

The date the cause of action accrues is the date on which the plaintiff first knows or should have known of the injury or damage.

Are there any exceptions to the three-year statute of limitations?

Yes, there are a few exceptions to the three-year statute of limitations, including:

• If the plaintiff is a minor or incompetent person, the statute of limitations does not begin to run until the plaintiff reaches the age of majority or is no longer incompetent.
• If the defendant is outside of the state of Florida, the statute of limitations does not begin to run until the defendant returns to Florida.
• If the plaintiff is fraudulently concealed from the defendant, the statute of limitations does not begin to run until the plaintiff discovers the fraud.

What happens if I file my claim after the statute of limitations has expired?

If you file your claim after the statute of limitations has expired, the court will likely dismiss your case. However, there are some exceptions to this rule, such as if you can prove that the defendant fraudulently concealed the claim from you.

What is the difference between a "maritime claim" and a "non-maritime claim"?

A maritime claim is a claim that arises out of a maritime activity, such as a boating accident or a personal injury that occurs on a ship. A non-maritime claim is a claim that does not arise out of a maritime activity.

What are some examples of maritime claims?

Some examples of maritime claims include:

• Boating accidents
• Personal injuries on ships
• Maritime contract disputes
• Cargo damage
• Admiralty law claims

What are some examples of non-maritime claims?

Some examples of non-maritime claims include:

• Car accidents
• Slip and falls
• Medical malpractice
• Breach of contract

Who can file a maritime claim?

Anyone who has been injured or damaged as a result of a maritime activity can file a maritime claim.

How do I file a maritime claim?

To file a maritime claim, you must file a complaint with the court. The complaint must state the facts of your claim and the damages you are seeking.

What are the penalties for violating the Florida Maritime Law Statute of Limitations?

If you violate the Florida Maritime Law Statute of Limitations, you may be barred from filing your claim.