How Does Maritime Law Differ from Personal Injury Law?
Most cruise ship injury lawsuits follow maritime law instead of a specific state’s personal injury laws. Maritime law means filing your case in federal court, meeting shorter filing deadlines, and dealing with other contractual hurdles passengers face.
Maritime law has a one-year statute of limitations for injury cases, which is shorter than most state statutes of limitations for personal injury. Another major difference is that you must send a notice of your claim to the cruise ship company before filing a lawsuit, and this isn’t necessary in general personal injury cases. Because of all the differences between these types of lawsuits, it’s important to specifically hire a maritime law attorney, not just a personal injury lawyer.
For your free case review from our cruise ship injury attorneys, call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 today.
How Does Maritime Law for Cruise Ships Differ from General Personal Injury Law?
While there are similarities between maritime law and general personal injury laws, there are also major differences that could jeopardize your case if you are unaware of them.
Shorter Statute of Limitations
Statutes of limitations for personal injury cases vary from state to state. On average, however, personal injury plaintiffs may have two to three years to file a lawsuit, sometimes even longer. Since maritime law applies to cruise ship accident lawsuits, so does the strict one-year statute of limitations for these claims.
The statute of limitations begins to run on the date of injury. This means you most likely have less than a year to prepare and bring a claim by the time you contact our cruise ship injury attorneys, so don’t wait to start your case.
Notice of Claim Requirement
There is also a notice of claim requirement in cruise ship injury lawsuits that is not present in other general personal injury claims not governed by maritime law. A passenger must send the cruise ship company a notice of their upcoming claim within six months of an accident. If you don’t satisfy the notice of claim requirement, you compromise your compensation claim.
Forum Selection Clause
Also somewhat unique to cruise ship injury lawsuits is the defendant’s ability to select the specific venue. The cruise ship can decide where the lawsuit must be filed, which could complicate your recovery if you don’t live in or near the selected venue. Florida is a popular choice among cruise lines.
Forum selection clauses are not always enforceable, so don’t let that discourage you from seeking compensation if you live far away from the selected venue.
Limits on Damages
Many states allow non-economic damages in wrongful death cases, but maritime law does not. The Death on the High Seas Act, which applies to cruise ship passengers and crew members, prohibits non-economic damages for survivors and only allows pecuniary damages to cover financial losses.
What Are the Similarities Between Maritime Law for Cruise Ships and General Personal Injury Law?
While there are many notable differences between maritime law that governs cruise ship injury lawsuits and general personal injury law, there are also similarities that learning about may make suing a cruise ship company for injury less daunting.
Basis of the Claim
First, the basis of your claim against the cruise ship company is the same as a plaintiff’s basis for any personal injury lawsuit: negligence. We must prove that the cruise ship company owed you a duty of care and subsequently breached it, directly causing the injuries you sustained and the damages you incurred.
Standard of Proof
The standard of proof for maritime injury claims is the same as for general personal injury claims, requiring us to prove it is more likely than not that the cruise ship is liable. The burden of proof also falls on the same party in maritime and personal injury lawsuits: the plaintiff.
Access to Damages
The Death on the High Seas Act prohibits non-economic damages. Still, compensation for pain and suffering is allowed in injury lawsuits against cruise ships filed by the victims themselves. Maritime law and personal injury law allow you to recover damages so you can be made “whole” again after an injury due to negligence.
FAQs About the Differences Between Maritime Law and Personal Injury Law
Does Maritime Law Always Apply to Cruise Ship Accidents?
Maritime law applies to cruise ship accidents that occur within navigable waters. Dinner cruises and other commercial boating experiences on non-navigable waters are subject to state personal injury laws.
Does Maritime Law Allow Punitive Damages?
Maritime law lets plaintiffs sue for punitive damages when cruise ship companies are liable for acts of gross negligence. Punitive damages are not available if the defendant is only liable for ordinary negligence.
Do You Use the Same Evidence in Maritime Law and Personal Injury Law?
Similar evidence is used in maritime injury lawsuits and general personal injury lawsuits, including eyewitness statements, security camera footage, medical records, expert witness statements, and photographs. Obtaining evidence may be more challenging in maritime injury cases, however, and victims generally need an experienced lawyer’s help.
Do You Need a Maritime Lawyer Instead of a Personal Injury Lawyer?
For maritime injury lawsuits filed in federal court, you need a maritime injury lawyer who is familiar with the differences between this type of compensation claim and a general personal injury lawsuit governed by state laws.
Does Comparative Negligence in Maritime Law Differ from Personal Injury Law?
In maritime law, plaintiffs may seek damages, even if they are largely at fault. Compensation is never barred, just adjusted for liability. Each state has its own rules about getting compensation if you contribute to an injury, some barring it completely for victims who contribute to their injuries whatsoever.
Call Us for Help with Your Cruise Ship Injury Lawsuit
Call the cruise ship injury attorneys of Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 to discuss your case for free.
