How Long Do You Have to Sue After a Boating Accident in Florida?

The deadline to sue after a boating accident in Florida depends on which law controls your case. For most negligence claims from accidents on or after March 24, 2023, you have two years under Florida law. If federal maritime law applies because the crash happened on navigable waters, the window may be three years, but courts decide which law governs, not you. Assuming you have the longer period when you actually have the shorter one is how valid claims quietly die. Treat two years as your real ceiling and act sooner.

Why do I see ‘2 years’ and ‘3 years’ in the same search?

You are seeing both numbers because two different legal systems can apply to the same accident. Florida state law gives you two years to sue for negligence if your injury happened on or after March 24, 2023. Before that date, the deadline was four years, so older websites still list the longer period. Federal maritime law, which covers injuries on navigable waters like Biscayne Bay or the Intracoastal, often uses a three-year limit. But a court must first decide whether maritime law even applies to your situation. That determination depends on where the accident happened and what you were doing, not your preference or what you read online. Assuming you have three years when you actually have two is how a valid claim quietly dies.

If Florida negligence law applies, what is the deadline?

If your boating accident falls under Florida negligence law, you have two years from the date of injury to file a lawsuit. This rule applies to crashes that occurred on or after March 24, 2023, under Fla. Stat. § 95.11. Accidents before that date still follow the old four-year period. This includes incidents on Miami-Dade waterways like the Miami River, Biscayne Bay, or the Intracoastal Waterway, places where it is not always clear whether state or federal law applies. Unlike car crashes, there is no PIP coverage on the water. You do not need to meet a serious-injury threshold to sue for pain and suffering, and Florida’s modified comparative negligence rule applies: if you are more than 50 percent at fault, you cannot recover anything. Wrongful death claims also carry a strict two-year deadline under state law.

If federal maritime law applies, does the deadline change?

General maritime law typically allows three years to file a personal injury or wrongful death claim from a boating accident on navigable waters. But that longer window only matters if a court first confirms maritime law governs your case. Location matters, Biscayne Bay, the Miami River, and parts of the Intracoastal are often considered navigable, but so does the nature of the activity. Even recreational boating on navigable waters can fall under maritime law, depending on the facts. There is another risk: once you notify a vessel owner of a claim in writing, they may have a short window to file a separate federal action limiting their liability. That process moves fast and affects your options. Until a lawyer reviews your facts, treat two years as your real deadline.

What if I was on a charter boat, a rental, or a cruise ship?

Charter companies, livery services, and cruise lines often write shortened deadlines directly into their contracts. These clauses can require you to give notice within months, or file suit within a year, and courts regularly enforce them. You must read your ticket or rental agreement immediately after an injury. Do not assume the statutory two- or three-year windows apply. Cruise ship cases are almost entirely governed by federal maritime law, and your ticket usually names the specific court where you must sue, often the federal court in Miami. Rental liveries in Florida may carry commercial liability insurance, which could be your main source of recovery. The safest assumption is that the deadline is shorter than you think.

What if the boat or dock belonged to a government agency or county marina?

If a government entity owns or operates the boat, dock, or marina involved in your crash, you must serve written notice of your claim before filing suit. This requirement comes from Fla. Stat. § 768.28(6) and applies to facilities like Crandon Park Marina, Haulover Marine Center, Matheson Hammock Marina, or Black Point Marina, if they are operated by a public agency. Missing this notice step kills your case, even if you file the lawsuit on time. The notice and lawsuit clocks run separately, but both are tight. You still must file your lawsuit on time; the notice does not extend the lawsuit deadline, and a lawyer should confirm which deadline applies. Confirming who operates the facility early can determine whether this extra step applies to you.

What if the injured person is a child, or someone died in the accident?

Florida law pauses the statute of limitations for children under Fla. Stat. § 95.051. That pause applies only in limited situations; the clock does not simply wait until the child turns 18. Do not wait until adulthood to act; evidence fades quickly. If someone died in the accident, the estate has two years from the date of death to file a wrongful death claim under Florida law. If the death occurred far offshore, federal maritime laws like the Death on the High Seas Act may apply instead, with different rules and remedies. In all cases, a mandatory report to the Florida Fish and Wildlife Conservation Commission under Fla. Stat. § 327.30 becomes critical evidence, and those reports, along with marina video and witness statements, disappear fast.

Frequently asked questions

Does Florida’s two-year deadline apply to accidents on Biscayne Bay?
It might. Biscayne Bay is navigable water, so maritime law could apply. But if your case is treated as a Florida negligence claim, the two-year state deadline likely controls. Only a lawyer can assess which law fits your facts.

What is the deadline if someone died in a boating accident in Florida?
Under Florida law, the estate has two years from the date of death to file a wrongful death lawsuit. If the death occurred in federal waters or involved a commercial vessel, maritime law may alter both the deadline and available damages.

Do I have to give written notice before suing a county marina in Miami-Dade?
Yes, if the marina is operated by a government entity. Fla. Stat. § 768.28(6) requires formal written notice as a condition before filing suit. Missing this step bars your claim, regardless of the two-year filing window.

Does my car insurance PIP cover injuries from a boating accident?
No. PIP coverage only applies to motor vehicle accidents on land. Boating injuries are not covered by auto PIP, regardless of how badly you are hurt.

My boat accident was on a charter trip, does the contract change my deadline?
Very likely. Charter agreements and cruise tickets often include clauses that shorten both notice and lawsuit deadlines, sometimes to as little as one year. Those terms are usually enforceable, so review your paperwork immediately.

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.