Windstar Cruise Injury Lawsuit Attorney
When you board a cruise ship, you not only start a vacation but become vulnerable to injury. Accidents and injuries on cruises are common, though liability for those injuries is not always clear. We can help victims determine if they can file a lawsuit and, if so, bring the case as soon as possible.
That is important because of the one-year filing deadline for cruise ship accident lawsuits. Before you can file, you must send a written notice of a claim to Windstar Cruises within six months. We can seek damages for many accidents, including falls overboard, intentional assaults, and car crashes during land excursions. Damages can cover medical bills, lost wages, and more.
For a free case discussion with our Windstar Cruise injury attorneys, call Rivkind Margulies & Rivkind at (305) 204-5369.
What Accidents is Windstar Cruises Liable For?
Windstar Cruises bears liability for accidents and injuries due to a breach of “duty of care.” Cruises have a duty to clean up hazards, provide adequate security, and consider passengers’ safety overall. When a cruise’s failure to do so injures you, you can file a lawsuit.
Falls Overboard
Falls overboard due to badly secured guardrails or no guardrails at all are a cruise ship’s fault. Furthermore, if a passenger falls overboard because a crew member overserved them alcohol, the cruise might be liable.
Trips, Slips, and Falls
Trips, slips, and falls down stairs or onto lower decks are also common. When slick decks, loose railings, poor lighting, and other hazards make passengers trip or slip, the cruise ship is liable.
Intentional Assaults
Our Windstar Cruise injury attorneys can file claims for intentional assaults as well. Negligent security lets non-passengers get on board. When crew members assault passengers, the company can bear liability as it would for other acts its employees did while working, like overserving alcohol to passengers.
Land Excursion Accidents
Failing to advise passengers of the dangers of an excursion, not properly vetting the excursion company, or operating a joint venture with the excursion company makes cruises liable for land excursion accidents.
Car accidents are some of the most common causes of injury during land excursions. As are drowning accidents while snorkeling, falling or tripping accidents while hiking, and intentional assaults while off the ship.
Cruise Ship Liability for Illnesses and Medical Emergencies
Illnesses like norovirus spread fast around cruises, and ships must respond to outbreaks appropriately. If not quarantining affected passengers or crew members leads to your serious illness, the cruise may cover your damages in a lawsuit.
Cruises are also responsible for food-borne illnesses due to bad food safety practices. Furthermore, if you had a bad allergic reaction after clarifying allergens to cruise ship wait staff, you would be entitled to compensation. Some allergic reactions are so severe that passengers must be medically evacuated to foreign hospitals. When this happens because of the cruise’s negligence, it should cover the cost.
Cruise ships need adequate medical staff and equipment to handle common medical needs and emergencies. Not being able to help a passenger who needs it could worsen their injuries or conditions, making the cruise ship liable for some damages.
When and Where to File Cruise Ship Accident Lawsuits
Do not wait to see if you have a lawsuit against Windstar Cruises. Most likely, you will have one year to file a lawsuit. Before that, you may have to send a notice of claim within six months of the accident.
Immediately contacting us lets us collect evidence for your claim before sending the notice. We may need to get medical records from foreign and domestic hospitals and the cruise ship medical staff.
We can also send letters demanding cruise ships preserve video footage or other evidence on board. Security cameras showing you tripping and falling over a hazard or being assaulted by a crew member is strong evidence for your lawsuit.
The passage contract Windstar Cruises has passengers sign when they purchase tickets dictates where lawsuits are filed, which is generally in the United States District Court for the Southern District of Florida.
Damages from Injury Lawsuits Against Windstar Cruises
When handling your cruise ship injury case, we will pinpoint all recoverable damages and work to get them on your behalf.
Medical Expenses
Most injury damages come from medical expenses. If the cruise bills you for onboard medical care, we will seek compensation for that. We will do the same for any bills from treatment in foreign hospitals.
When you return home, get your injuries reassessed. We will monitor ongoing medical costs and keep records of them. Bills are proof of damages, so it is important to keep them organized.
Transportation Costs
You can also get compensation for transportation costs due to the cruise’s negligence. Plane rides home so you can get adequate medical care should be covered. We can also seek payment for any transportation costs to and from doctor appointments after you get home if you cannot drive yourself.
Lost Wages
Injuries from falls overboard or onto lower decks, intentional assaults, and land excursion accidents stop victims from working. We use income records to prove past wages and calculate missed wages.
We can have experts testify about your reduced earning capacity and help us quantify future lost wages as well.
Pain and Suffering
The shock of suffering traumatic injuries on what should have been an enjoyable vacation is undeniable. The physical pain and emotional anguish you experience are also quantifiable damages.
We can prepare you to testify during a trial and explain how injuries have affected your quality of life. If your case settles out of court, your statements and those from mental health professionals can yield compensation for non-economic damages, even from a settlement.
Call Us About Your Cruise Ship Injury Lawsuit
For a free case review from our Windstar Cruise injury attorneys, call Rivkind Margulies & Rivkind at (305) 204-5369.
