What Evidence Should I Collect After a Cruise Ship Accident
Posted on Tuesday, August 20th, 2024 at 9:00 am
Accidents can happen anywhere, even within the seemingly safe environment of a cruise ship. If you find yourself injured during a cruise vacation, collecting the right evidence is essential for building a strong personal injury claim.
File and Get a Copy of an Incident Report
An incident or accident report is one of the most important pieces of evidence you’ll need after a cruise ship injury. To get one of these documents, you must report your injury to cruise ship staff and make sure they file an official report.
After they file your report, request both a physical and digital copy. This document is an official account of the incident and can be crucial when you file your claim. With this report, you have documented evidence that the cruise line knew of your injury, making it harder for them to deny your claim.
Gather Witness Contact Information
Witnesses can provide valuable support for your personal injury claim. If any passengers or crew members saw the incident that caused your injury, collect their names, phone numbers, and email addresses.
Your attorney can use this information to contact the witnesses later and collect their statements. These statements can corroborate your account of the incident, provide additional context for your injury, and strengthen your case.
Document the Scene and Your Injuries
Documenting the scene and your injuries with photos and video is vital. Take clear pictures and videos of the accident scene, including any hazardous conditions that contributed to your injuries.
For example, if you slipped and fell on a wet floor without a warning sign, make sure to take pictures of the area. Or, if you fell on a staircase with a missing or loose railing, take a video that shows this.
Also, document your injuries immediately after the incident and throughout the healing process. Your pictures immediately after the incident will serve as evidence of the severity of your injuries. And your pictures throughout the healing process will demonstrate the necessity of your treatments.
Request a Copy of Your Medical Report
After any accident that causes injury, seeking medical attention as soon as possible is critical, even if you initially feel fine. This treatment keeps your injuries from worsening and creates a paper trail of your injuries and treatments.
Make sure you obtain copies of all medical reports about your treatment on and off the ship, including diagnoses, treatment plans, and prescriptions. These reports are essential for establishing the nature and severity of your injuries.
Medical reports also help your lawyer assess your case’s value. Before filing your claim, you and your attorney must determine its worth. A large portion of your compensation will go toward your medical costs.
Write Down Your Account of the Incident
Write down your account of the accident while the details are still fresh in your mind. Your account should include the date, time, location, and a detailed description of what happened.
This personal injury statement will not serve as evidence in your claim. However, it can help you recall specific details later, which can be crucial when the trial could take place months or years after the injury occurred.
Understanding the Burden of Proof
In personal injury cases, the injured party has the burden of proof. This means you must demonstrate that the cruise line’s or another passenger’s negligence caused the accident and that the accident resulted in your injuries.
The evidence you collect will help establish the following key elements required for a successful case:
- The cruise line or other passenger who caused your injury owed you a duty of care
- Their actions or inaction breached this duty of care
- The breach directly caused your injury
- You suffered losses due to your injury, such as medical bills, lost wages, etc.
How an Attorney Can Help
It’s important to hire a personal injury attorney after any accident. If your injury occurred on a cruise ship, you need an attorney with maritime law experience. Cruise ship injuries fall under maritime law, which may differ from the state laws you’re used to.
For example, there’s a separate statute of limitations for injuries under maritime law. Instead of using the statute of limitations of your home state or the state from which your cruise departed, maritime law gives you three years from the date of your injury to file your claim.
Some of the ways your attorney can assist you with your claim are:
- Investigating the incident to determine the facts of the case and identify the party responsible
- Assessing your losses and coming up with a fair compensation amount to seek through your claim
- Filing your claim correctly and within the statute of limitations set out by maritime law
- Negotiating on your behalf with the cruise line’s attorneys and insurance company to reach a fair settlement
- Representing your case in court and seeking the maximum compensation available if the opposing party doesn’t agree to a reasonable settlement offer
Get Help from a Cruise Ship Injury Attorney
Suffering an injury on your cruise vacation can be distressing. However, knowing what evidence to collect after the incident can significantly affect your ability to receive the compensation you deserve for your injuries.
Contact Louis A. Vucci P.A. online or call us at (786) 375-0344 to schedule a free consultation with an experienced maritime law personal injury attorney. We’ll evaluate your claim, explain your legal options, and assist you in any other way we can.
