After an accident at sea, on a harbor tug, or a cruise ship sailing from Long Beach, it can be hard to know how to sue for maritime injury in California.
The rules are not at all like regular state personal injury law. Instead, a mix of federal regulations, centuries-old admiralty precedents, and California venue rules decides everything from where you file to how damages are figured. This guide covers every step of the process, from keeping evidence at the dock to negotiating maritime injury settlements worth seven figures. This way, you can protect your rights and your job.
Maritime Injury Law 101: Why Admiralty Rules Are Different
If you get hurt on the water, whether it’s on a commercial ship, a private boat, or even a cruise ship leaving the busy Port of Long Beach, the legal situation is very different from a typical personal injury claim on land.
The first step in learning how to sue for maritime injury in California is to know that naval law, also known as admiralty law, has its own set of rules.
This set of statutes covers navigation and trade on “navigable waters,” which include coastal bays, rivers, offshore drilling platforms, and even the cruise terminals where many trips start.
Because ships often cross state and national borders, which necessitates uniformity, Congress granted federal courts original jurisdiction over most maritime lawsuits. This means that most maritime injury cases start out in federal court.
However, there is one crucial exception: injured workers and passengers can still file in California state court under the “saving-to-suitors” clause if they want a jury trial. This is because juries are not always available in federal admiralty cases.
The place you choose to hold your case can have a big effect on its strategy and outcome.
Some important federal laws that set out the rights and remedies for people who get hurt on the water are:
Jones Act
This vital piece of legislation gives “seamen” – individuals who contribute to the mission of a vessel in navigation – the right to sue their employers for negligence if they are injured on the job. It’s a cornerstone for protecting the rights of those who make their living at sea.
General Maritime Law
This encompasses a body of common law principles developed over centuries. It offers specific doctrines, such as “unseaworthiness” (a vessel owner’s duty to provide a reasonably fit vessel) and “maintenance & cure” (the right of an injured seaman to receive medical care and living expenses until maximum medical improvement, regardless of fault).
Longshore and Harbor Workers’ Compensation Act (LHWCA)
This federal law covers shoreside maritime workers, including dockworkers, crane operators, ship-repair crews, and others who work on or near navigable waters, providing a comprehensive compensation system for their injuries.
Death on the High Seas Act (DOHSA)
This specific statute governs fatal accidents occurring more than three nautical miles offshore, providing remedies for the surviving family members of victims.
It is very hard to figure out which of these laws applies to your injury and what they mean. A Jones Act lawyer or maritime lawyer with a lot of experience can help you figure out which law will give you the best recovery for your specific situation and make sure you know how to sue for maritime injury in California.
Am I a “Seaman,” a “Longshore Worker,” or a Passenger?
One of the most important things your maritime lawyer will need to know when you get hurt on the water is what your legal status was at the time of the accident.
This first classification—whether you are a “seaman,” a “longshore worker,” or a “passenger”—is very important because it directly affects your legal rights under maritime injury law and the right place to file your lawsuit.
The first step in understanding how to sue for a maritime injury in California is to recognize these differences.
| Worker Category | Coverage Statute | Typical Workplace | Ability to Sue for Negligence |
| Seamen | Jones Act & General Maritime Law | Deckhands, engineers, commercial fishermen | Yes (Jones Act) |
| Longshore/Harbor | LHWCA | Port of Long Beach terminals, shipyards | Generally no; benefits via administrative claim |
| Cruise Passengers | General Maritime Law, contract clauses | Cruise ships, ferries | Yes, if negligence or unseaworthiness proven |
The Law Offices of Charles D. Naylor routinely handle all three categories, as showcased in our testimonials and long list of verdicts.
First 48 Hours: Preserve Evidence and Notify the Correct Parties
The first few minutes after a maritime injury are very important. Not only does the clock start ticking on your physical recovery, but it also starts ticking on your ability to gather important evidence and protect your legal rights.
What you do in the first 48 hours after a maritime injury in California can often make or break your case.
Courts can look into any delays, and they might make your liability theories weaker, which could make it harder for you to get the maritime injury settlements you deserve.
This is what you should put first:
- Report the Injury to your vessel’s master or supervisor immediately. Federal regulations require accident logs.
- Seek Medical Care ashore or onboard; request written treatment notes.
- Collect Witness Names—crewmates rotate assignments quickly.
- Photograph Unsafe Conditions—rusted ladders, oil spills, broken handrails.
- Contact a Maritime Attorney via our 24/7 cruise-injury hotline before signing company statements.
Choosing Venue: Federal or California State Court?
Under 28 U.S.C. § 1333, federal courts have exclusive admiralty jurisdiction, but the saving-to-suitors clause lets plaintiffs choose state court for common-law remedies and jury trials.
An experienced maritime attorney evaluates each option during your first consultation.
Factors guiding venue:
Forum-Selection Clauses
Cruise tickets often require lawsuits in the Central District of California.
Speed
Some plaintiffs prefer Fresno or Los Angeles Superior Court calendars.
Jury Sympathy
Local juries may respond favorably to injured seamen from the San Pedro fleet.
Statutes of Limitation: Don’t Miss These Deadlines
Statutes of limitation are strict legal deadlines that are very important to know when you want to sue for maritime injury in California.
These are not just ideas; they are the last days you can file a maritime lawsuit. If you miss these deadlines, even by one day, you will lose your right to seek compensation for your naval injuries, no matter how bad they are or how strong your case is.
Courts rarely extend these time frames, so it’s essential to act quickly.
These are the most important deadlines for common maritime injury claims:
Jones Act & Unseaworthiness:
For seamen injured due to employer negligence or an unseaworthy vessel, you generally have 3 years from the date of the injury to file your lawsuit.
LHWCA Claims:
If you are a longshore or harbor worker covered by the Longshore and Harbor Workers’ Compensation Act, you typically have 1 year from the date of injury to file a claim with the U.S. Department of Labor. There are also specific notification requirements within 30 days of the injury.
Cruise Passenger Injury:
This is a particularly tricky area. While general maritime law might suggest a three-year window, most cruise line ticket contracts significantly shorten this period. Passengers often have as little as 1 year (and sometimes even just six months for notice of claim) from the date of injury to file a lawsuit, as stipulated in the fine print of their ticket.
DOHSA Wrongful-Death:
For fatal accidents occurring on the high seas (more than three nautical miles offshore), the Death on the High Seas Act provides a 3-year statute of limitations for filing a wrongful death claim.
Building a Winning Maritime Lawsuit
Successfully knowing how to sue for maritime injury in California involves two key phases: proving fault and calculating comprehensive damages.
Investigating Negligence and Unseaworthiness
Vessel owners must provide a safe ship. To prove negligence or unseaworthiness, plaintiffs rely on critical evidence like:
- Coast Guard casualty reports
- Voyage Data Recorder (VDR) downloads
- Safety-management system (SMS) violations
- Expert testimony on navigation rules and industry standards
Calculating Damages
Maritime damages aim to cover the full spectrum of your losses, including:
- Past and future medical expenses
- Lost fringe benefits (overtime, found, tips)
- Pain, suffering, and loss of enjoyment of life
- Vocational retraining costs
- Punitive damages (for egregious conduct, like willful failure to pay maintenance & cure)
For severe maritime injuries leading to permanent disability, maritime injury settlements can often exceed $1 million, emphasizing the need for thorough documentation and expert valuation.
Maritime Settlement vs. Trial: Pros and Cons
One of the most important strategic choices you and your legal team will have to make after a maritime injury is whether to settle the case or take it to court.
There are pros and cons to each path, and the decision depends mainly on the details of your maritime lawsuit, how strong your evidence is, and what you want to achieve.
It’s essential to understand the differences as you determine how to file a lawsuit for maritime injury in California.
| Factor | Settlement | Trial |
| Speed | Payout within months | 18–36 months |
| Certainty | Guaranteed | Unpredictable jury |
| Confidentiality | Possible | Public record |
| Appeal Risk | None | Opponent may appeal |
Naylor’s litigators are experienced in balancing both paths, advising clients on the most strategic approach based on their unique circumstances. For a deeper dive into real-world strategy, see our cruise-ship injury video.
Case Studies: Long Beach Success Stories
When thinking about how to sue for maritime injury in California, seeing tangible results can be very comforting and helpful. Even though every naval injury case is unique, a legal team’s ability to navigate the complexities of maritime law and secure justice for their clients is demonstrated by their history of successful maritime injury settlements and verdicts.
The following case studies show the wide range of naval lawsuits that are handled and the large amounts of money that injured people have received right here in Long Beach and the waters around California:
- $5 Million Seaman Verdict—Engine-room explosion on an offshore supply vessel; jury found 80 % unseaworthiness.
- $2.7 Million Passenger Settlement—Wet staircase fall aboard a Catalina ferry; settled after deposition of chief mate.
- $1.2 Million Dockworker Award—Crane operator crushed by container; achieved via LHWCA Section 905(b) vessel negligence action.
More detailed information on these and other successes is available on request through our about-us page. These results underscore the dedication and expertise required to win significant compensation in complex maritime cases.
Frequently Asked Questions
Will I have to travel to Los Angeles for every hearing?
Not necessarily; many federal hearings allow telephonic appearances, especially for seamen still at sea.
What if I contributed to my accident?
Maritime law applies comparative fault; your award drops by your percentage but isn’t barred outright.
How much will your firm charge?
We work on contingency; typical fees are 33 % pre-litigation and 40 % if we proceed to trial, plus advanced costs.
Do I need to see a company doctor?
Under the Jones Act, you may choose your physician. Always document treatment outside company control.
Can foreign seafarers sue in California?
Yes, if the vessel calls U.S. ports or ticket contracts select U.S. jurisdiction.
Navigating Your Maritime Injury Claim: Contact Our Long Beach Attorneys Today!
Maritime injuries can upend a career at sea or ruin a long-awaited vacation, but you don’t have to navigate admiralty law alone. The Law Offices of Charles D. Naylor has guided sailors, dockworkers, and cruise passengers for over 40 years, securing landmark verdicts and life-changing settlements. If you need hands-on counsel on how to sue for maritime injury in California, call our 24/7 hotline, request a free case review, or start a chat through our contact page. We’ll chart the safest, swiftest course toward the justice and compensation you deserve.
