Ask A Maritime Attorney: What are the time limits for filing a lawsuit under Federal Maritime Law versus State Law?

Question: Two years ago I was injured aboard a boat during the Newport Beach Christmas Boat Parade.  I waited a while to hire a lawyer, and when I finally had a firm retained, I was surprised to see that they filed the case in State Court in Orange County.  I am concerned because I read that the time limit for filing a maritime personal injury lawsuit under Federal Maritime Law is three years, while the time limit under State law is two years.  Is this correct?  Should he have filed the lawsuit in Federal court? Answer I should first point out that if you are questioning your lawyer’s judgment this early in the case, you may want to talk to another lawyer (in person – not through a newspaper!).  That said, based on what you have shared, it does not appear that he is missing any deadlines by filing in State court. The answer to our reader’s question requires an understanding of Federal and State jurisdiction and the doctrine of Federal Preemption.  Let’s start with jurisdiction. “Jurisdiction” is the right and power of a court to hear a case and to interpret the law.  We could spend a law school semester discussing the scope of...