Maritime Statute of Limitations: Filing Deadlines by Claim Type

In maritime law there is no single filing deadline. The maritime statute of limitations that controls your case depends on who you are, what kind of claim you have, and where you were hurt, and missing the right one can permanently bar an otherwise winning case.

This article is for general information and is not legal advice. Filing deadlines turn on the specific facts of your case, and a missed deadline is rarely fixable. To confirm the deadline that applies to you, consult a licensed maritime attorney.

Key Facts at a Glance

• Jones Act, unseaworthiness, and most general maritime injury claims have a 3-year deadline (Source: 46 U.S.C. § 30106).
• DOHSA wrongful-death claims (deaths beyond 3 nautical miles) run 3 years from the date of death (Source: 46 U.S.C. § 30302).
• LHWCA workers must give written notice within 30 days and file a claim within 1 year (Source: 33 U.S.C. § 912).
• Cruise passengers usually have 1 year to sue and 6 months to give notice, set by the ticket contract (Source: 46 U.S.C. § 30526).
• The U.S. Supreme Court has upheld these shortened cruise ticket terms (Source: Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991)).
• Claims against a U.S. government vessel must be filed within 2 years (Source: 46 U.S.C. § 30905).
• For latent or occupational injuries, the clock can start when you discover the injury and its work connection (Source: FindLaw, Uniform Maritime Tort SOL).

Why Maritime Deadlines Trip People Up

Land-based injury cases usually run on one familiar state deadline. Maritime law does not work that way. A single offshore incident can implicate several different federal statutes, each with its own clock, and the deadlines range from as little as 30 days of notice to a full 3 years. The wrong assumption, that you have your state’s two, three, or four years, is exactly how valid claims die.

This guide lays out every major maritime filing deadline in one place: the 3-year rule for Jones Act and general maritime claims, the shorter windows for LHWCA and cruise passengers, the rules for wrongful death at sea, and the special two-year deadline for suing the government. It also explains when the clock starts, when it can be paused, and the common mistakes that cost families their cases.

What Is the Maritime Statute of Limitations?

A statute of limitations is the maximum time after an injury or death within which a lawsuit or claim can be filed. Once it passes, the right to recover is usually lost for good. In maritime law, the default rule for personal injury and death from a maritime tort is 3 years, set by the Uniform Statute of Limitations for Maritime Torts (Source: 46 U.S.C. § 30106).

That 3-year rule is the backbone, but it is not universal. Compensation systems like the LHWCA, contract-based limits on cruise tickets, and special rules for suing the United States all displace or shorten it. The first job in any maritime case is identifying which deadline actually governs, because they do not all start, or end, at the same time.

How Long Do You Have to File a Jones Act Claim?

A seaman has 3 years to file a Jones Act negligence claim, measured from the date of injury (Source: 46 U.S.C. § 30106). The Jones Act gives seamen the right to sue their employer for negligence (Source: 46 U.S.C. § 30104), and the 3-year clock is strict; courts rarely extend it.

One important wrinkle: for injuries that do not show up right away, such as occupational illness or repetitive-trauma conditions, the clock can start when the worker knew or should have known of the injury and its connection to the work, not the date of first exposure. Whether you qualify as a seaman is its own question; see am I a Jones Act seaman.

What Is the Deadline for Unseaworthiness and General Maritime Claims?

Unseaworthiness and other general maritime tort claims share the same 3-year deadline as the Jones Act, under the uniform maritime statute (Source: 46 U.S.C. § 30106). Because a seaman typically brings Jones Act negligence and unseaworthiness together, the two usually run on a single 3-year clock from the date of injury.

This matters because unseaworthiness is a separate legal theory, liability for a vessel or its equipment being unfit for its intended use, but it does not buy extra time. Filing one theory does not preserve the other if the deadline lapses, so both are pleaded inside the same window.

How Long Do You Have to File a DOHSA Wrongful-Death Claim?

A DOHSA claim must be filed within 3 years of the date of death. The Death on the High Seas Act provides a remedy when a death is caused by a wrongful act on the high seas beyond 3 nautical miles from U.S. shores (Source: 46 U.S.C. § 30302), and the 3-year maritime tort limitations period applies to it (Source: 46 U.S.C. § 30106).

Be careful with online sources here: some state or imply a 1-year DOHSA deadline, which is incorrect. The deadline is 3 years. Whether a death falls under DOHSA or the Jones Act depends on where it occurred and the worker’s status; see DOHSA versus Jones Act wrongful death and our overview of maritime wrongful death.

What Are the LHWCA Filing Deadlines?

Longshore and harbor workers face the tightest clocks. Written notice of injury must be given to the employer and the Department of Labor District Director within 30 days (Source: 33 U.S.C. § 912), and a formal claim for compensation must be filed within 1 year of the injury, or within 1 year of the last voluntary payment of compensation (Source: 33 U.S.C. § 913).

Occupational diseases that do not immediately disable get a longer window, 2 years from when the worker became aware, or should have become aware, of the link between the disease and the employment (Source: 33 U.S.C. § 913). The same one-year claim framework governs Defense Base Act cases for overseas contractors. For the benefits themselves, see how to file an LHWCA claim and how the LHWCA average weekly wage is calculated.

How Long Does an Injured Cruise Passenger Have to Sue?

An injured cruise passenger typically has just 1 year to file suit and 6 months to give written notice, far shorter than any state deadline. Although a passenger injury is a maritime tort that would otherwise carry the 3-year rule, federal law lets carriers shorten it by contract, requiring at least 6 months for notice and at least 1 year to sue (Source: 46 U.S.C. § 30526). Every major cruise line uses the minimum.

Courts enforce these clauses consistently. The Supreme Court upheld cruise ticket contract terms as generally binding (Source: Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991)), and federal courts have enforced the 1-year suit and 6-month notice limits specifically (Source: Dempsey v. Norwegian Cruise Line, 9th Cir. 1992). If the passenger is a minor or mentally incompetent, the 1-year limit is generally extended to 3 years by law. Separately, a cruise line cannot waive away its own negligence liability (Source: 46 U.S.C. § 30527).

What About Cruise Ship Crew and Seafarers?

Cruise ship crew are not passengers. As seamen, injured crew members generally have the Jones Act’s 3-year deadline, not the passenger 1-year limit (Source: 46 U.S.C. § 30106). That is a major and often-missed distinction: a crew member who assumes the 1-year ticket rule may give up years of available time, while one who assumes a full 3 years may overlook a contractual catch.

The catch is that seafarer employment agreements frequently contain arbitration clauses, foreign forum-selection terms, and shorter notice requirements that can reshape how and where a claim must be brought. Those provisions do not always shorten the 3-year limitations period itself, but they create traps. Injured crew should review their contract early; see injured cruise ship crew rights.

What Is the Deadline to Sue the U.S. Government?

When a public vessel or federal agency causes a maritime injury, the deadline is 2 years. Claims under the Suits in Admiralty Act and the Public Vessels Act, the routes for suing the United States in admiralty, both carry a 2-year limitations period (Source: 46 U.S.C. § 30905).

These cases also carry procedural traps, including claim-presentment and waiting-period requirements, and choosing the wrong statute does not pause the 2-year clock. Government-vessel cases are among the easiest to lose on timing alone, so they call for early, careful handling.

What Is the Deadline for Maintenance and Cure?

A seaman’s claim for maintenance and cure, the vessel owner’s duty to cover daily living and medical costs during recovery, is generally subject to the same 3-year period that applies to the Jones Act, and courts also apply the equitable doctrine of laches (Source: 46 U.S.C. § 30106). Because maintenance and cure is owed regardless of fault, it is often pursued alongside a Jones Act claim on the same timeline.

Laches means a court can bar a stale claim where the delay was unreasonable and prejudiced the defendant, even within the nominal period, so prompt action protects the right. As with the other theories, filing one claim does not automatically preserve the others.

When Does the Clock Start, and Can It Be Paused?

For most maritime claims the clock starts on the date of injury or death. The major exception is the discovery rule: for latent or occupational conditions, the period can begin when the worker knew or, with reasonable diligence, should have known of both the injury and its work connection (Source: FindLaw, Uniform Maritime Tort SOL). Equitable tolling exists but is rare and demands extraordinary circumstances.

Scenario	When the clock starts	Effect
Traumatic injury or death	Date of the injury or death	Standard rule for Jones Act, unseaworthiness, DOHSA
Latent or occupational disease	When the worker discovers the injury and its work link	Discovery rule (Source: FindLaw)
LHWCA with voluntary payments	Date of the last voluntary payment	Fresh 1-year window (Source: 33 U.S.C. § 913)
Minor or incompetent cruise passenger	Tolled during minority/incompetency	1-year ticket limit generally extended to 3 years
Employer fails to report LHWCA injury	When the required report is made	Limitations can be delayed (Source: 33 U.S.C. § 912)

One trap worth flagging: minority does not toll the general 3-year maritime tort deadline for a seaman the way it can for a cruise passenger. The uniform statute contains no general minority-tolling provision, so a minor seaman’s claim can still run out at 3 years.

Why Do Some Sources Get Maritime Deadlines Wrong?

Maritime deadlines are widely misstated online, and the errors are dangerous. Three recur. First, some pages list a 1-year DOHSA deadline; the correct period is 3 years from death (Source: 46 U.S.C. § 30106). Second, injured cruise passengers are told they have their state’s 2-to-4-year window; in reality the ticket’s 1-year limit almost always controls (Source: 46 U.S.C. § 30526).

Third, government-vessel cases are treated as ordinary 3-year maritime claims when they are 2-year claims with extra presentment hurdles. The safe approach is to never rely on a remembered number: identify the exact statute that governs your facts, then calendar the earliest deadline that could apply and act well before it.

Which Maritime Filing Deadline Applies to Your Claim?

This master table puts every major maritime deadline in one place. When more than one could apply to your situation, the shortest controlling deadline is the one that matters, so always plan around the earliest date.

Claim type	Deadline	When the clock starts	Statute
Jones Act negligence (seaman)	3 years	Injury, or discovery for latent injury	(Source: § 30106)
Unseaworthiness	3 years	Date of injury	(Source: § 30106)
Maintenance and cure	About 3 years (plus laches)	Injury or onset of condition	(Source: § 30106)
General maritime wrongful death	3 years	Date of death	(Source: § 30106)
DOHSA (death beyond 3 nm)	3 years	Date of death	(Source: § 30302)
LHWCA notice	30 days	Date of injury	(Source: § 912)
LHWCA claim	1 year	Injury or last voluntary payment	(Source: § 913)
LHWCA occupational disease	2 years	Awareness of work link	(Source: § 913)
Cruise passenger lawsuit	1 year	Date of injury (ticket contract)	(Source: § 30526)
Cruise passenger notice	6 months	Date of injury (ticket contract)	(Source: § 30526)
Defense Base Act	1 year	Injury or last payment	(Source: § 913)
Suit vs. U.S. vessel (SAA/PVA)	2 years	Claim accrual	(Source: § 30905)

Frequently Asked Questions

How long do I have to file a maritime injury claim?

It depends on the claim. Most maritime injury claims, including Jones Act and unseaworthiness, have a 3-year deadline (Source: 46 U.S.C. § 30106). But LHWCA workers have 1 year (with 30-day notice), cruise passengers usually have 1 year, and claims against a U.S. government vessel have 2 years. Always plan around the shortest deadline that could apply.

What is the statute of limitations for a Jones Act claim?

Three years from the date of injury (Source: 46 U.S.C. § 30106). For occupational or latent injuries, the clock can start when you discover the injury and its work connection. The deadline is strict and rarely extended.

Is the DOHSA statute of limitations one year or three years?

Three years from the date of death (Source: 46 U.S.C. § 30302). Some sources incorrectly state one year. DOHSA covers deaths beyond 3 nautical miles from shore and runs on the 3-year maritime tort period (Source: 46 U.S.C. § 30106). If a family member died at sea, you can request a free case review to confirm the deadline.

How long do I have to sue a cruise line for an injury?

Usually 1 year to sue and 6 months to give notice, set by the ticket contract and permitted by federal law (Source: 46 U.S.C. § 30526). Your state deadline does not apply. The Supreme Court has upheld these ticket terms (Source: Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991)).

How long do cruise ship crew members have to file?

Crew are seamen, not passengers, so they generally have the Jones Act 3-year deadline rather than the 1-year passenger limit (Source: 46 U.S.C. § 30106). Their employment contracts may still impose arbitration or notice requirements, so the contract should be reviewed early.

What is the LHWCA filing deadline?

Longshore workers must give written notice within 30 days (Source: 33 U.S.C. § 912) and file a claim within 1 year, or within 1 year of the last voluntary payment (Source: 33 U.S.C. § 913). Occupational diseases get 2 years from awareness of the work link.

Does the maritime statute of limitations ever get extended?

Sometimes. The discovery rule can delay the start for latent injuries, and minority or incompetency can extend a cruise passenger’s 1-year limit to 3 years. Equitable tolling exists but is rare. Notably, minority does not generally toll a seaman’s 3-year deadline (Source: FindLaw, Uniform Maritime Tort SOL).

What happens if I miss the maritime filing deadline?

In almost all cases the claim is permanently barred, regardless of how strong it is. That is why identifying the correct, and shortest, deadline early is critical (Source: 46 U.S.C. § 30106).

Can I use my state’s statute of limitations instead of the maritime one?

Generally no. When a claim is a maritime tort, the federal maritime deadline controls, and a longer state period does not save a late claim (Source: FindLaw, Uniform Maritime Tort SOL). This is exactly the mistake that causes injured cruise passengers to lose their cases.

The Bottom Line on Maritime Filing Deadlines

There is no one maritime statute of limitations. The deadline that governs your case turns on the claim and the facts: 3 years for most Jones Act, unseaworthiness, and DOHSA claims; 1 year and 30-day notice for LHWCA workers; 1 year for cruise passengers; and 2 years against the government (Source: 46 U.S.C. § 30106). When more than one could apply, the earliest controls.

Because a missed maritime deadline is almost never recoverable, the single most valuable step after a serious offshore injury or death is to pin down the exact deadline early, then act well ahead of it.

References and Sources

1. 46 U.S.C. § 30106 – Uniform Statute of Limitations for Maritime Torts (3-year period). Cornell LII.
2. 46 U.S.C. § 30104 – The Jones Act (seaman’s negligence remedy). Cornell LII.
3. 46 U.S.C. § 30302 – Death on the High Seas Act, cause of action (beyond 3 nautical miles). Cornell LII.
4. 33 U.S.C. § 913 – LHWCA time for filing claims (1 year; 2 years occupational disease). Cornell LII.
5. 33 U.S.C. § 912 – LHWCA notice of injury or death (30 days). Cornell LII.
6. 46 U.S.C. § 30526 – Provisions requiring notice / limiting time (cruise: min 6-month notice, 1-year suit). Cornell LII.
7. 46 U.S.C. § 30527 – Provisions limiting liability for personal injury or death are void. Cornell LII.
8. 46 U.S.C. § 30905 – Suits in Admiralty Act limitations period (2 years). Cornell LII.
9. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991). U.S. Supreme Court (via Justia).
10. Dempsey v. Norwegian Cruise Line, 972 F.2d 998 (9th Cir. 1992), enforcing cruise 1-year/6-month limits (discussed in Advocate Magazine).
11. U.S. DOL, Division of Longshore and Harbor Workers’ Compensation (DLHWC).
12. FindLaw, The Uniform Statute of Limitations for Maritime Torts (accrual, tolling, minority).

Editorial Standards and Review

This article was researched and written by the editorial team at OffshoreInjuryHelp.com and last reviewed in June 2026. Every deadline, statute, and case was verified against a primary source at the time of writing, including the U.S. Code, the U.S. Supreme Court, and the U.S. Department of Labor, each linked inline and listed above. We follow a strict zero-hallucination policy: no rule or figure is published unless it traces to a verifiable primary source. OffshoreInjuryHelp.com is not a law firm and does not provide legal advice; we connect injured maritime workers and families with experienced maritime attorneys. Read more about our editorial standards.