Is There a Damage Cap on Cruise Ship Injuries?
When your damages from a cruise ship injury are substantial, you might worry that compensation caps could limit your recovery and leave certain losses uncovered.
Fortunately for victims, there typically aren’t caps on damages in cruise ship injury cases. A victim’s recovery should match the damages they incurred, which our lawyers can track and prove on their behalf. Economic damages aren’t capped, nor are non-economic or punitive damages, which could lead to larger recoveries if victims go to court. Damages aren’t available indefinitely following accidents on cruises, and not filing your case within a year could block you from getting compensation.
Call (305) 204-5369 for a free and confidential case assessment from Rivkind Margulies & Rivkind’s cruise ship injury attorneys.
Are Economic Damages Capped in Cruise Ship Injury Cases?
Economic damages include expenses like medical bills and lost wages. You need to know whether economic damages are limited and if you could have to cover some of them yourself.
U.S. maritime law does not cap economic damages for cruise ship injury cases. Your compensation will be directly based on the financial losses you have incurred and can prove in court, such as foreign hospital bills, medical evacuation costs, lost wages, and ongoing medical expenses after your return home.
Any cruise ship that makes port in the United States is subject to maritime law, so this is what will dictate the course your case takes. There are no federal maritime caps on economic damages in injury lawsuits, typically benefiting the victim rather than the negligent cruise line.
Are Non-Economic Damages Capped in Cruise Ship Injury Cases?
Non-economic damages aim to compensate a victim for their pain and suffering caused by the ordeal. Like economic damages, they are also uncapped for cruise ship injury victims.
This fact can substantially increase victims’ recoveries. Non-economic damages try to compensate injured passengers for their physical pain and mental suffering. This includes the emotional distress from an accident and challenges experienced during their physical recoveries.
Quantifying subjective non-economic damages is hard for victims to do independently. We can consider your age at the time of injury, the circumstances of the accident, and the type of injury you sustained. We can support cruise ship injury claims for non-economic damages using mental health expert witness statements and the victim’s own testimony and journals.
Are Punitive Damages Capped in Cruise Ship Injury Cases?
Punitive damages exist to punish defendants whose gross negligence injures victims. With extra damages on the line, you need to know realistically how much you could get for gross negligence.
Maritime law also does not limit punitive damages for cruise ship injuries. However, that does not guarantee victims’ fair recoveries. Our cruise ship injury attorneys can gather and preserve evidence sufficient to meet the standard of proof, enabling us to establish liability for your many losses.
Physical and sexual assaults are some of the most common causes of injuries on cruise ships, in addition to slips, trips, and falls, and often happen due to gross negligence. We can assess the at-fault party’s conduct to determine whether it reaches the level of gross negligence, thereby allowing us to seek punitive damages in the complaint.
What Influence Damages from a Cruise Ship Injury Lawsuit?
Several factors influence the sum of damages you recover in your cruise ship injury lawsuits, all of which we can keep in mind when estimating your deserved compensation.
Severity of the Injury
More severe injuries require more intense medical treatment, which is typically more expensive and long-lasting. Furthermore, more severe injuries may be more physically painful and emotionally distressing, contributing to a victim’s non-economic damages and increasing the value of a case.
Ordinary Negligence vs. Gross Negligence
Unless you are a victim of gross negligence, you can’t get any punitive damages. Gross negligence could take many forms. For example, knowingly keeping a crew member on staff who has previously assaulted passengers could constitute gross negligence if the crew member went on to assault another victim.
Additional Economic Damages
There are inherent costs associated with getting injured on a cruise. For example, some passengers require medical evacuation from the ship via helicopter. Many need to book new return tickets home and lose out on prepaid cruise ship excursions or events. Some victims even need to modify their homes after suffering permanent injuries. We will factor in all miscellaneous expenses during your case.
How Do You Prove Damages from a Cruise Ship Injury So You Can Recover Them?
Because damages for cruise ship injuries aren’t capped, you can recover full compensation for all financial and intangible damages, provided we submit sufficient proof that you incurred them.
Gather Proof of Economic Damages
Victims must present proof of their damages in all cruise ship accident and injury claims. Proof of economic damages often includes medical bills, income statements, and invoices or records of other out-of-pocket expenses. We can consider smaller ways the accident may have affected you, such as needing transportation accommodations after returning home to get to and from doctor appointments. The cost of cutting your trip short and leaving the cruise to get medical care should also be covered.
Don’t Stop Medical Treatment
While we prepare your case, do not stop seeking medical care for your injuries, even if the cost is high. This could lead to gaps in your medical records, which can complicate matters. Avoid this by getting continuous treatment from physicians.
Testify During a Trial
Your personal testimony explaining the accident’s effect on your life could be especially compelling if your case goes to trial. Our cruise ship injury lawyers can prepare you to testify if necessary, as doing so could help you better express your intangible losses from the cruise ship accident.
How Long Do You Have to Get Damages After a Cruise Ship Injury?
Compensatory damages are not available indefinitely after accidents on cruises. Maritime law limits how long victims have to file lawsuits, and cruise lines generally complicate matters by requiring passengers to give notice before they can sue.
Damages for cruise ship injuries are only available for one year after accidents, in general. Having our lawyers review your case as soon as possible is crucial so we can read your passenger ticket.
The ticket could contain a requirement to send a notice of a claim six months after your injury and before you file your lawsuit in court. We can ensure this requirement is met before filing your official injury complaint in the appropriate court, as the venue will likely also be stipulated in the passenger ticket.
FAQs About Damages in Cruise Ship Injury Lawsuits
Do You Need a Lawyer to Recover the Maximum Damages for a Cruise Ship Injury?
Without our help, victims are more likely to miscalculate damages and accept subpar settlement offers, potentially missing out on additional compensation that could have been obtained by continuing negotiations or going to court.
Do You Have to Request Damages When You Sue for a Cruise Ship Injury?
When you submit the injury complaint that initiates the lawsuit, you must request relief from damages in a specific amount. We base the request for relief on our tally of your economic and non-economic damages.
What if You Lose Track of Your Damages from a Cruise Ship Injury?
If you lose track of your damages, you may not get enough compensation, and may be forced to cover too many medical expenses and other damages yourself.
Can You Recover Future Damages in a Cruise Ship Injury Case?
There being no cap on compensatory damages in cruise ship injury cases means victims can also recover future damages. Medical experts can testify about the ongoing care you need for a permanent injury to support your claim.
Are Damages Capped in Cruise Ship Wrongful Death Cases?
The Death on the High Seas Act (DOHSA) limits damages in cruise ship wrongful death cases to pecuniary damages only. This means survivors cannot sue for any non-economic damages, such as grief or pain and suffering. Economic damages are still not capped.
Can Comparative Fault Affect Damages in Cruise Ship Injury Cases?
Maritime law follows a pure comparative fault standard for cruise ship injuries, letting passengers sue for reduced damages even if their own negligence contributed to their injuries.
How Do You File on Time to Get Damages for a Cruise Ship Injury?
To file your lawsuit on time, don’t wait to contact our cruise ship injury attorney. It will give us time to prepare and submit complaints without rushing the process. Waiting to contact our lawyers could make it harder to preserve and obtain evidence, thereby making it harder to prove liability for damages.
Call Our Cruise Ship Injury Lawyers About Your Accident Claim Today
Call (305) 204-5369 to have Rivkind Margulies & Rivkind’s boat injury attorneys review your case for free.
