Can You Take Legal Action for a Delayed Cruise Ship Rescue?
A delayed cruise ship rescue after a passenger has fallen overboard can have serious, sometimes even fatal, consequences, leaving victims or their survivors wondering whether or not they can take legal action and seek accountability.
Because cruise ships owe passengers a very high duty of care, passengers can often take legal action for delayed search and rescue efforts that worsen injuries and damages. As with other negligence claims against a cruise ship, you only have 1 year to sue for a delayed cruise ship rescue and must complete the 6-month notice of claim requirement for cruise ship injuries. You can pursue compensation for economic and non-economic damages due to a delayed cruise ship rescue, as well as the initial fall overboard that occurred due to negligence.
For your free case analysis from Rivkind Margulies & Rivkind, call our cruise ship injury lawyers at (305) 204-5369.
Can You File a Lawsuit for a Delayed Cruise Ship Rescue?
Cruise ships are “common carriers,” which means they owe a high duty of care to the passengers they transport. Part of a cruise ship’s duty of care is to launch prompt search and rescue efforts if a passenger cannot be located or has fallen overboard.
If a passenger’s disappearance is reported and a cruise ship delays search and rescue efforts, that is a major violation of its duty of care and gives the passenger reason to take legal action.
The response to a passenger falling overboard should be immediate and thorough. Cruise ships may even have to involve the FBI for a passenger’s disappearance under the Cruise Vessel Security and Safety Act.
Can You Take After if a Delayed Cruise Ship Rescue Results in Death?
If a cruise ship passenger falls overboard and the cruise ship delays rescue efforts, there is a much higher chance of the passenger drowning to death or disappearing.
The person who is named as the personal representative in the victim’s will may take legal action if delayed cruise ship rescue results in death. If a personal representative is not named before the victim’s death, the court may name them afterward.
Personal representatives are not necessarily eligible to recover damages from cruise ship wrongful death cases, unless they are also eligible beneficiaries, which include the victim’s spouse, child, parent, and other financially dependent family members.
How Long Do You Have to Take Legal Action for a Delayed Cruise Ship Rescue?
Like with most civil claims, there is a deadline to take legal action against a cruise ship for a delayed rescue after falling overboard, and missing it could block your recovery altogether.
Under U.S. maritime law, victims only have 1 year to sue for negligence on a cruise ship, including delayed search and rescue efforts. One year is very little time to prepare and file a case, so you most likely need a lawyer to meet the deadline and adhere to the statute of limitations.
There is an additional notice of claim requirement associated with maritime injury claims. Before filing your lawsuit, you must send written notice of it to the cruise ship company within 6 months of the incident, which our lawyers can handle on your behalf.
What Economic Damages Can You Recover for a Delayed Cruise Ship Rescue?
Seek full compensation for all economic damages you incurred because of a delayed cruise ship rescue after a fall overboard.
Medical Bills
A delayed cruise ship rescue can lead to more severe injuries for passengers who fall overboard. Victims might be more likely to sustain anoxic brain injuries from drowning, as well as severe organ damage. Furthermore, any injuries a passenger sustains while falling overboard, such as fractures, can worsen the longer the rescue is delayed.
Because of this, medical bills related to a delayed rescue are recoverable. If a passenger fell overboard because of negligence, they may also seek compensation for injuries associated with the fall, not just the delayed rescue.
Lost Wages
Cruise ships that breach their duty of care and delay rescue after a passenger has fallen overboard may also have to compensate the victim for lost wages due to the delay. You might be unable to work for a relatively long time if your rescue was delayed after a fall overboard, and you shouldn’t have to struggle with a minimal or non-existent income while you physically recover.
Miscellaneous Expenses
You can also claim miscellaneous expenses related to the accident, your injuries, and the rescue delay, which our cruise ship injury lawyers can help you identify, tally, and prove.
What Non-Economic Damages Can You Recover for a Delayed Cruise Ship Rescue?
A delayed cruise ship rescue can have long-term and intense psychological and emotional effects on victims that can also be compensated, just like economic damages.
You can recover non-economic damages associated with a delayed cruise ship rescue, such as pain and suffering, emotional distress, post-traumatic stress disorder, and other intangible harms our lawyers can help you recognize.
Falling overboard is traumatic enough, and delayed rescue efforts only worsen the mental and emotional harm victims experience in these frightening situations.
Can You Get Punitive Damages for a Delayed Cruise Ship Rescue?
Cruise ships have a duty of care to respond promptly to falls overboard or reports of passenger disappearances. Depending on the case, failing to respond swiftly and appropriately may go beyond ordinary negligence and open the door to punitive damages.
Punitive damages are possible when a delayed rescue after a fall overboard results from willful misconduct or a wanton or reckless disregard for others’ safety.
Cruise ship injury cases often settle out of court, making punitive damages somewhat rare, as they are not included in settlements.
Get Compensation for Damages Due to a Delayed Cruise Ship Rescue
You can get a free case evaluation from Rivkind Margulies & Rivkind by calling our cruise ship injury lawyers at (305) 204-5369.
