When Can You File a Lawsuit for an Injury on a Cruise?
If you recently suffered injuries as a cruise ship passenger, you need to know whether you can file a lawsuit, and if so, how to file a successful compensation claim.
You can sue a cruise ship for injuries due to negligence. The cruise ship can be liable for multiple reasons, including if a crew member’s negligence or intentional misconduct injured you onboard. You can file a lawsuit if you have incurred damages and need compensation, have sent a timely notice of your claim to the cruise ship company, and if there is still time remaining in the statute of limitations for a maritime injury claim. File a lawsuit for relief of economic and non-economic damages, and request punitive damages if you sustained injuries due to gross negligence.
Call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 for a free case analysis from our cruise ship injury lawyers.
When Can You Sue for a Cruise Ship Injury?
After an accident aboard a cruise ship, our lawyers can determine whether or not you can file a lawsuit and seek compensation for your various damages.
If the Cruise Ship is Liable for Your Injury
You can sue a cruise ship for any injury it is liable for. Cruise ships can be liable for injuries due to overserving of alcohol, slick decks, tripping hazards, negligent security, unsafe conditions, drowning accidents, fires, and even poor food safety practices in cruise ship kitchens.
The cruise may be liable for an employee’s actions while working. This means that if a crew member physically assaulted you, served you too much alcohol, or otherwise caused your injury, you can also sue the cruise ship to maximize your recovery.
If You Have Incurred Damages and Need Compensation
Suing a cruise ship for injury may only be worth it if you have incurred significant damages and need compensation. Most cruise ship injuries are serious, with some requiring years of medical treatment to reach maximum medical improvement. Even then, a full recovery might not be possible.
Our cruise ship injury lawyers can tally your damages to see what an injury has cost you so that you can see the value in pursuing a maritime injury claim.
If You Notify the Cruise Ship of Your Claim
To maintain your right to sue a cruise ship for an injury, you must meet the notice of claim requirements for these particular lawsuits. Most likely, you must send the cruise ship company you plan to sue a written notice of your upcoming claim within 6 months of sustaining an injury. If you do not send notice on time, you could lose your right to pursue a maritime injury claim against the cruise ship.
Many victims are unaware of the additional notice requirement specific to cruise ship injury lawsuits and risk missing it without our lawyers’ help.
If There is Still Time Left in the Statute of Limitations
You can file a lawsuit for an injury on a cruise ship as long as there is still time remaining in the statute of limitations. Cruise ship injury lawsuits are governed by federal maritime law, so they are beholden to a different statute of limitations than a personal injury claim you would file in your home state. The maritime statute of limitations for injury lawsuits is 1 year, which is a very limited time to determine if you have a cause of action, build a strong case, and file the lawsuit.
If it has been over a year since you suffered cruise ship injuries, our attorneys can see whether a tolling exception might apply that could push back the filing deadline.
If You File in the Right Court
You must file your lawsuit in the appropriate court if you plan to sue a cruise ship company for an injury. Cruise ship tickets generally contain a forum selection clause that stipulates the specific court in which injured passengers must file. Because so many cruise ship companies have their headquarters in Miami, the U.S. District Court for the Southern District of Florida is a popular venue for cruise ship injury lawsuits. We can read the passenger contract you signed when you purchased your ticket to confirm the mandatory venue for an injury lawsuit.
Often, victims don’t live in the same state where they must file a lawsuit, and need an attorney who practices in that state and is familiar with maritime law to oversee their case.
FAQs About Cruise Ship Injury Lawsuits
What Economic Damages Can You Get from a Cruise Ship Injury Lawsuit?
By filing a cruise ship injury lawsuit, you can seek and recover economic damages for your hospital visits and subsequent medical treatment, medical evacuation from the ship, your premature return home, lost wages, and more.
What Non-Economic Damages Can You Get from a Cruise Ship Injury Lawsuit?
Non-economic damages can cover any mental or physical pain, suffering, and anguish from a cruise ship injury. Non-economic damages are subjective to your unique experience, making your testimony precious evidence.
When Can You Get Punitive Damages from a Cruise Ship Injury Lawsuit?
Punitive damages may be awarded for cruise ship injuries due to gross negligence, extreme recklessness, or egregious misconduct. Punitive damages are very rare, so do not assume you can get them before discussing your case with our lawyers.
When Can You File a Lawsuit for a Fatal Injury on a Cruise Ship?
If you are the victim’s personal representative, you can file a wrongful death claim under the Death on the High Seas Act on behalf of the victim’s beneficiaries. The statute of limitations for maritime wrongful death claims is 3 years from the date of death.
We Can Help with Your Cruise Ship Injury Lawsuit
Have the cruise ship injury lawyers of Rivkind Margulies & Rivkind, P.A. review your case for free by calling us today at (305) 204-5369.
