Having an accident on a cruise ship can be frustrating and upsetting. Not only can it ruin your dream vacation, but you might now also have a mountain of medical bills and other expenses to deal with. Perhaps you were even confined to a ship with an infectious disease or injury for days without adequate medical treatment and care, worsening your condition. You may now be thinking about how to file a cruise ship injury lawsuit to recover some of your losses.
Generally, the contract you signed with your cruise line on commencing your vacation, which is usually printed on your ticket, will tell you where and how you can file a lawsuit. It will also most likely tell you about any time limits. Cruise lines can try to limit the timeframe for any injury lawsuits and they may state certain waivers for liability in their ticket contracts.
Nevertheless, even if you possibly waived certain rights by signing the ticket contract, you would most likely still be able to file a cruise ship injury lawsuit if you can prove negligence of the cruise line. Your best course of action can be to connect with a lawyer.
Cruise Ship Accidents
Unfortunately, accidents on cruise ships are not rare. According to the Insurance Information Institute (I.I.I.) in 2017 alone, marine accidents killed almost 1,200 people and resulted in over $197 million in insurance losses. 1,087 of the deaths occurred on passenger vessels. If a loved one died in a cruise ship accident, you could have legal recourse, and could potentially file a wrongful death lawsuit.
In most cases, fortunately, accidents are not tragic and can often involve slips and falls. International Maritime Health Association found that over a three-year period, by far the most common cruise ship accidents were falls. While slips and falls in some instances may not cause more than a bruise and a few scratches, they do have the potential to cause serious injuries such as fractures and concussions. A severe fall can result in permanent injury and disability. In these cases, if the cruise line acted negligently and failed to keep the premises safe, you could file a cruise ship injury lawsuit and recover compensation.
Your Legal Options
You may be able to file a cruise ship injury lawsuit if you can prove that your accident and injuries happened due to negligence of the cruise line, operator of the vessel, or staff. You could also potentially file a lawsuit against a third party in connection with your cruise accident, such as a ticket agent or tour operator.
As a general rule, you will have to prove that the liable party had a duty of care towards you, that they breached this duty of care, and that your accident and injuries were a direct result of the breach in duty. Generally, you will also have to prove that you have monetary damages from any injuries. Similar principles apply if you are looking to file a wrongful death suit after losing a loved one in a cruise ship accident.
Filing a cruise ship lawsuit can have some important differences and complications when compared to other personal injury and wrongful death lawsuits. It can, therefore, be helpful to consult with a cruise ship lawyer who can advise you comprehensively about the best way to file a cruise ship injury lawsuit.
Recovering Compensation for Cruise Ship Injuries
You could receive compensation if you file a lawsuit for any cruise ship injuries. While compensation varies from case to case and depends on your specific circumstances, you could potentially recover costs for:
- Medical treatment
- Future medical treatment
- Medical devices
- Lost wages
- Future lost wages
- Physical pain and suffering
- Emotional anguish
- Loss of life enjoyment
- Loss of a limb
- Loss of a sense
You might also receive other types of compensation. In a wrongful death case, you could receive funeral costs, loss of companionship, and other awards.
A cruise ship lawyer can advise you further on how to file a cruise ship injury lawsuit and can answer all your questions after assessing your particular cruise ship injury or wrongful death case.
Pintas & Mullins Law Firm Can Fight for You
Cruise ship injury lawsuits can be complex and need careful preparation. By signing a ticket contract, cruise lines try to limit your ability to hold them to account. Cruise ship injury cases are further complicated by the fact that different laws can come into play, such as international maritime law, and these laws can differ markedly from United States law. Taking a powerful cruise line on by yourself can also feel daunting.
Help is available for those who suffered injuries due to cruise line negligence. We can be by your side and advise you on your legal options. We can also help build a case and fight for your rights in court. Contact Pintas & Mullins Law Firm today. Let one of our team members answer your questions and get a free evaluation of your case now: (800) 794-0444.