How to Prove Negligence After a Cruise Ship Accident
Whether or not you get compensation after a cruise ship accident depends on whether you can prove negligence caused your injuries. This is no easy feat, and our attorneys can make sure your case has all the elements of a successful personal injury claim before filing.
Our lawyers can use strong evidence to prove that the cruise ship owed you a duty of care and breached that duty, causing your injuries and resulting in your damages. This requires evidence, such as eyewitness statements, video footage, medical records, photos, and more. We can obtain and present evidence on your behalf and demand compensation for your losses.
Get a free and confidential case evaluation from our cruise ship accident lawyers by calling Rivkind Margulies & Rivkind at (305) 204-5369.
How Do You Prove Negligence After a Cruise Ship Accident?
Civil injury claims are comprised of four elements, and plaintiffs must establish all four of them to prove negligence and get compensation.
Duty of Care
The first step in proving negligence after a cruise ship accident is establishing a duty of care between the parties. The cruise ship owes passengers a duty of care to help ensure their safety. If you were a passenger with a ticket, the cruise ship and its crew owed you a duty of care.
Breach of Duty
The next step is proving that the cruise ship company or a crew member breached the duty of care it owed you. Providing negligent security, having poor hiring practices, and allowing hazards to exist on the boat are common examples of duty breaches on cruise ships.
To prove breach of duty, we may use eyewitness testimony and surveillance footage. Most cruises have surveillance cameras, and we can send preservation letters demanding that the footage not be deleted.
Causation
Then, we must prove the causal link between the cruise ship’s negligence and the injuries you sustained. It is not enough for the defendant to have been negligent; the defendant’s negligence must have directly caused your injuries. We can prove this using medical records, eyewitness testimony, video footage, photographs, and other evidence.
Damages
The final step is proving that you incurred damages because of a cruise ship accident. We can arrange proof of all economic damages, including your new return ticket home, ongoing medical expenses, and lost wages. We will also help document your non-economic damages from pain and suffering and demand their fair compensation.
What Evidence Proves Negligence After a Cruise Ship Injury?
Our attorneys can be responsible for obtaining all the evidence you need to prove negligence after a cruise ship injury.
Eyewitness Testimony
Please tell our cruise ship accident lawyers whether anyone else was present during the accident, including other passengers or staff. Those individuals may offer very helpful testimony, and we can track them down and interview them as soon as possible for your case.
Your eyewitness testimony may align with that of other witnesses, convincing the court of the cruise ship’s negligence and liability for your injuries.
Surveillance Footage
Most cruises have surveillance systems in common areas to enhance passenger safety. We can send a straightforward preservation letter to the cruise ship, demanding that it keep any relevant footage and make it available during your lawsuit.
Surveillance footage is not always available, so do not panic and think you cannot prove negligence without it.
Photos
Pictures of the accident scene help us reconstruct what happened. Do your best to photograph physical injuries to your person, debris left at the scene, and anything else that seems relevant. The scene on the cruise ship will not remain intact for long, and you don’t want to lose important evidence.
Medical Records
We use medical records to prove when you were hurt and how bad your immediate injuries were. Physicians can evaluate and treat you, and medical experts may even testify in court about the severity of your injury and its long-term effects on your life.
FAQs About Proving Negligence After a Cruise Ship Injury
Do You Need an Attorney to Prove Negligence After a Cruise Ship Injury?
Without an attorney, plaintiffs risk failing to prove all four elements of a personal injury claim involving a cruise ship, thereby jeopardizing their access to compensatory damages.
Do You Have to Prove Negligence if Your Cruise Ship Injury Case Settles?
If your lawsuit settles without a trial, you don’t necessarily need to prove negligence. However, you do need sufficient evidence to convince the opposing side that your case would win in court, and we can gather evidence to support your case.
Who Has the Burden of Proof After a Cruise Ship Injury?
The burden of proof is on the plaintiff filing the cruise ship injury case.
What is the Standard of Proof You Must Meet After a Cruise Ship Injury?
The standard of proof used in civil cases is a preponderance of the evidence standard, meaning we must prove it is more likely than not that the defendant is liable.
How Do You Prove Gross Negligence After a Cruise Ship Injury?
Proving gross negligence may require additional evidence and tactics than ordinary negligence. We must show that the cruise ship company acted with reckless disregard for your safety to obtain punitive damages in addition to compensatory damages.
How Much Time Do You Have to Prove Negligence After a Cruise Ship Injury?
You may only have one year to file a negligence lawsuit for a cruise ship injury, and you may have only six months to send the initial notice of a claim. Once you have filed your lawsuit, however, there is no restriction on how long it may take, whether you settle or go to trial.
Call Us for Help with Your Cruise Ship Injury Case Today
Call Rivkind Margulies & Rivkind’s Miami cruise ship accident lawyers at (305) 204-5369 to get your free case evaluation.
