Disney Cruise Line Injury + Accident Attorney
Trips with Disney Cruise Line should be magical for everyone, whether you go with family, friends, or a significant other. However, any cruise carries the risk of accidents and problems on board that could lead to serious injuries and illness that could ruin your vacation – and possibly affect you for the rest of your life.
The most impactful damages from cruise ship injuries are typically medical expenses, which may be fully compensable. In addition to hospital costs, victims might incur temporary or long-term lost wages because an accident affected their earning capacity. To get the compensation you need, report the accident and your injuries to the cruise ship as soon as possible. Do not delay initiating your case; you may only have one year after the accident to file a lawsuit and get compensatory damages.
For a free case review from our Disney Cruise Line injury and accident lawyers, call Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369.
What Damages Can You Get from Disney Cruise Line for Cruise Ship Injuries?
The damages you suffer from cruise ship injuries vary based on your specific losses. When victims face illness or temporary injuries, they often incur medical expenses and miss time at work. In more severe cases, victims could face permanent injuries or disabilities that affect them forever, causing substantial missed work and ongoing medical care. Furthermore, you will likely deal with pain and suffering, which are also compensable damages.
Medical Expenses
Your damages from medical expenses will depend on the care you received because of the injury. If Disney Cruise Line or a staff member’s negligence caused your injuries, you should be compensated in full for any medical bills.
This should include coverage for treatment from onboard doctors, medivac to shore, treatment at a foreign hospital, and ongoing care once you return home, such as rehabilitation and physical therapy. Our attorneys can keep track of all expenses and treatments to ensure all medical bills are covered in your case.
Lost Wages
If your recovery takes longer than your planned vacation, you may miss work. This should entitle you to compensation for the wages missed during that period. Suppose the injury causes ongoing missed work, makes you take a lower-paying job, or requires you to stop working altogether because of permanent disabilities. In that case, you may be entitled to ongoing damages for diminished earning capacity. This is common in accidents involving traumatic brain injuries or spinal cord injuries.
When calculating your specific lost wages, our attorneys will need certain documents and records, such as tax returns, pay stubs, and some employment confirmation from your employer.
Non-Economic Damages
Any time you are injured or made sick by negligent conditions or avoidable dangers, you may be entitled to damages for pain and suffering. This covers the injury’s mental and physical effects, as well as other intangible effects.
Proving pain and suffering requires different tactics than proving economic damages, and our Disney Cruise Line injury and accident lawyers can involve mental health experts in your case to testify about your intangible damages.
How Do You Report and Document Disney Cruise Line Injuries?
Immediately after an accident, whether an onboard assault, slip and fall, or other incident, victims should report it to Disney Cruise Line staff. They should also go to onboard physicians for medical evaluation and seek additional care when they leave the ship.
Law Enforcement
Cruises have different procedures for handling different accidents. For example, if a passenger falls overboard, the ship must mark the location of the fall, immediately initiate search-and-rescue operations, and inform the FBI if the passenger is an American citizen.
This is part of a cruise ship’s duty of care to passengers, and failing to meet it could lead to a passenger’s death or disappearance.
Cruise Ship Staff
For other incidents, such as slip and falls on decks or physical assaults, victims can report them directly to the cruise ship staff. If you make a written report, request a copy for our records. Our Disney Cruise Line injury and accident lawyers can help you obtain incident reports after the fact, as well as medical records from onboard medical staff.
Onboard Physicians
Cruises need physicians aboard for passengers’ safety and well-being, though it is important to keep in mind that the Disney Cruise Line employs these individuals. Because of that, you should seek further care from other physicians to confirm your injuries and generate additional medical evidence we can use to prove your case.
How Do You Sue a Disney Cruise Line for Injuries?
Talk to our lawyers about proving the value of your injuries and getting the compensation you need. We can advise you on how to file your injury lawsuit, where to file your case, what your damages should be worth, and whether a settlement offer is too low to cover your needs.
Determine the Venue
Since Disney Cruise Line is headquartered in Florida, victims must bring claims in federal court there, as cruises can stipulate jurisdiction in passenger tickets. This could create some hurdles for victims, especially if they do not live in Florida. Our lawyers can help you navigate this kind of situation so that you do not lose your chance to get compensation.
Learn Your Filing Deadline
Furthermore, victims must be aware of the shortened filing timeline for these maritime injury lawsuits. Because cruise ship accident claims are governed by maritime law, victims typically have just 1 year to file lawsuits. Before they file an official complaint in court, they might have to give notice of a claim to the cruise ship company within 6 months of the accident. Meeting both of these deadlines is vital to the success of your case.
Know Your Damages
You should know the true value of your case against Disney Cruise Line before filing it. This prepares you for settlement negotiations and helps you identify low offers that are not worth your consideration. Let us calculate economic damages based on bills and other tangible evidence, and calculate non-economic damages based on your personal mental, physical, and emotional difficulties since the accident.
When is Disney Cruise Line Liable for Accidents and Injuries?
When you sue for injuries on a cruise, you must prove that the cruise line and the ship’s staff or crew are responsible for your injuries. Typically, this is done by showing “negligence,” meaning the crew failed to use the proper care and skill to keep you safe.
Negligent Food Safety Practices
For example, kitchens and restaurants on the ship could be responsible for allowing food to be tainted, leading to food poisoning or norovirus. Negligent food safety practices can lead to widespread sicknesses, and failure to quarantine affected passengers can lead to the avoidable spread of viral illnesses.
Negligent Security
Security staff could be responsible for failing to stop or prevent crimes like assault and sexual assault, either committed by other passengers or by other employees. Cruise ships should have security at gangways and entrances to prevent non-passengers from boarding and injuring passengers.
Hazardous Conditions
Maintenance and custodial staff may be responsible for failing to clean up spills, debris, or hazards on walkways or stairs, which could cause you to slip, trip, or fall. Falls overboard may also be a cruise ship company’s fault.
Failure to Prevent Drowning Injuries
Lifeguards and safety crew could be responsible for failing to prevent drowning or injuries in a pool or failing to respond promptly to emergencies.
Medical Malpractice
Medical staff in the ship’s infirmary could be responsible for failing to diagnose a serious illness that needs emergency medical evacuation. Doctors aboard a cruise ship are still doctors, and they must still follow the standard of care when treating you.
Excursion Accidents
The cruise line could be responsible for taking a tour or shore excursion out in bad weather, which could result in injuries or accidents involving smaller boats or planes. There are other reasons why cruise ships can be liable for excursions, so do not assume liability falls on the excursion company alone.
Failure to Provide Aid
Other injuries sustained aboard a cruise ship could also be the company’s fault. In addition, if you were injured and received negligent care, suffered worsened injuries because of delayed medical transportation, or did not receive first aid and emergency care on the ship, you might be entitled to sue the ship and cruise line for failing to help you.
What Happens During Settlement Negotiations with Disney Cruise Line
Cruise ship injuries are often expensive, resulting in costly medical care, lost wages, and pain and suffering for victims. When negotiating settlements, our lawyers can remain truthful to your total damages, refusing to accept unfair settlements that do not fully compensate you.
Initial Offer
Cruise ship companies might initially offer seemingly large lump sum settlements. These one-time payments might appear sizeable at first, but do not take them at face value. Our lawyers will break them down to ensure they cover all current and future damages. Once you accept and sign a settlement agreement, your case ends. That means accepting a low offer could leave you without adequate compensation for your injuries.
Counteroffers and Negotiations
Cruise ship companies might have a wide array of defense attorneys ready to handle injury claims, and victims need support in their corner to hold these companies accountable for their negligence. We can respond to offers with counteroffers, supported by proof of damages and negligence, to convince the opposing side to increase their offers without going to court, saving you as much time and resources as possible.
Go to Court if Necessary
Going to court may bode well for victims. Indicating you are ready for a trial and done with settlement negotiations could lead to a better settlement offer from the defense, but that is not guaranteed. Going to court is rare, but do not count it out completely in case settlement negotiations do not proceed as you hoped.
FAQs About Disney Cruise Line Injuries and Accidents
Why Can You Sue Disney Cruise Line for Injuries and Accidents?
You may sue Disney Cruise Line for an accident or injury due to the ship or staff’s breach of duty of care. The cruise ship owes its passengers a duty to ensure their safety, and failing to uphold that duty makes the cruise financially liable.
What Evidence Do You Need to Sue Disney Cruise Line for Injuries and Accidents?
The following pieces of evidence can help strengthen your injury lawsuit against Disney Cruise Line:
- Eyewitness testimony
- Photos
- Footage from onboard surveillance systems
- Medical records from onboard treatment
- Medical records from subsequent treatment
- Incident reports
How Much Time Do You Have to Sue Disney Cruise Line for Injuries and Accidents?
You may only have 1 year to sue Disney Cruise Line for an onboard or land excursion accident. Do not forget the notice of claim requirement, which must be filed within 6 months of an accident. Missing the notice of claim requirement may compromise your ability to sue, even if there is still time left in the statute of limitations.
What Are the Top Reasons Passengers Sue Disney Cruise Line for Injuries and Accidents?
The following are some of the top reasons passengers sue cruise ships for compensatory damages:
- Falls overboard
- Falls onto lower decks
- Slip and falls
- Onboard assaults
- Food poisoning
- Drowning injuries
Do You Need a Lawyer to Sue Disney Cruise Line for Injuries and Accidents?
Without help from an attorney with experience, you might remain unaware of the additional notice of claim requirement, struggle to collect the necessary evidence, or undervalue your claim and accept a much lower settlement than you truly deserve.
Can You Sue Disney Cruise Line for Fatal Accidents and Injuries?
You may be able to bring a wrongful death claim against Disney Cruise Line for a loved one’s recent avoidable death due to negligence on a cruise. The Death on the High Seas Act (DOHSA) governs these lawsuits, which our lawyers are very familiar with and can explain in detail to you and other survivors.
Call Our Disney Cruise Line Injury Attorneys for Help with Your Case
For a free case assessment from our Disney Cruise Line injury and accident lawyers, call Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369.
