Maritime Negligence Lawyers

Which Laws Govern a Maritime Injury Near Miami?

It depends on who you are and where it happened. Seamen — workers with a substantial connection, in both duration and nature, to a vessel or identifiable fleet of vessels in navigation — can sue their employer for negligence under the Jones Act (46 U.S.C. § 30104), with a three-year maritime statute of limitations, and separately invoke the vessel owner’s absolute duty to provide a seaworthy vessel, and their employer’s duty to pay maintenance and cure regardless of fault. Qualifying longshore and harbor workers are covered by the LHWCA’s federal compensation system. Cruise passengers face ticket contracts that shorten the filing window to one year with six months’ written notice — enforceable under federal law — and the major Miami-based cruise lines commonly require suit in the Miami Division of the U.S. District Court for the Southern District of Florida. Deaths caused by wrongful acts on the high seas — beyond three nautical miles — generally fall under DOHSA, which limits recovery to pecuniary losses. Recreational boating claims can proceed on negligence principles — with federal maritime law governing on navigable waters — supplemented by Florida’s vessel-operation statutes (section 327.33, Florida Statutes) — and PIP does not apply on the water. Circuit civil cases (over $50,000) with Miami-Dade County venue are heard at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, FL 33128, and claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do You Have to File a Maritime Claim?

The general maritime and Jones Act window is three years — but cruise-ticket contracts lawfully cut passenger claims to ONE year with written notice due in six months. On navigable waters, when the incident bears the required connection to maritime activity, those federal clocks control; for other incidents — including on non-navigable Florida waters — the state’s two-year negligence deadline under section 95.11(5)(a), Florida Statutes (for causes accruing after March 24, 2023), can apply instead. The single most expensive mistake in maritime cases is assuming you have the time a land case would give you. Bring the ticket, the incident report, and every document to a lawyer early.

What Should You Do After a Maritime Accident Near Miami?

Report the incident to the vessel’s crew, captain, or operator and insist it be documented — cruise lines and employers keep the records that later decide these cases. Get medical attention onboard and again onshore. The most serious injuries in Miami are generally routed to a Level I trauma center — the Ryder Trauma Center at Jackson Memorial Hospital or HCA Florida Kendall Hospital. Photograph the scene, your injuries, and conditions (wet decks, missing rails, gear failures), and collect witness names. Seamen should be careful with company claim forms and recorded statements before getting counsel — maintenance-and-cure and Jones Act rights are easy to undercut early. Silva & Silva reviews maritime cases at no cost, in English or Spanish.

Maritime law rewards speed and punishes delay — some claims near Miami expire in a year. Call Silva & Silva at 305-445-0011 now for a free maritime consultation. No fees unless we recover.