Filing a Cruise Ship Injury Claim
Posted on Tuesday, January 24th, 2023 at 7:33 pm
Cruise ship injury claims differ from typical personal injury claims. Federal law, maritime law, and personal injury law can all play a part. This can be a source confusion when determining which of these laws applies to your claim. An experienced cruise ship injury attorney at Louis A. Vucci P.A. can evaluate your case and determine which laws apply. We want to help you pursue compensation for the injuries you suffered due to the cruise line’s negligence.
The Steps Involved in Filing a Cruise Ship Injury Claim
Because passenger injury claims against cruise lines differ from typical personal injury claims, it is necessary to understand the steps required when you file a cruise injury compensation claim.
Here are the steps involved in filing a cruise ship injury claim:
- Report the incident to the cruise line as soon as possible after the injury occurs. Do not end your stay on the boat without contacting cruise ship personnel. Provisions in your cruise ship ticket agreement often require that you report the incident while still aboard the ship or forfeit your right to bring a claim.
- Contact an experienced cruise ship injury attorney as soon as possible. Calling an attorney from the ship following the incident is a great way to ensure your right to make a claim is preserved.
- Give notice of your claim as required by your ticket agreement. Usually, you must provide the details of your claim to an insurance company within six months of the incident.
- Make a demand for compensation. Before going to trial, you can attempt to settle your case with the insurance company. Your attorney can help you decide how much to demand as compensation for your injuries. An attorney can also help you further negotiate with the cruise line, which may help you avoid trial.
- Select the proper forum (court) to file your lawsuit if you can’t settle with the insurance company. Your ticket agreement typically contains a provision that designates what court will hear your case. If you file your case in the wrong court, the cruise line’s attorneys may ask the court to dismiss your lawsuit.
- File your claim in the appropriate court. An attorney can help you observe all necessary deadlines and forum selection and advocate for you throughout the process.
How to Navigate the Claims Process for a Cruise Ship Injury
Consult an experienced cruise ship injury attorney to help you navigate the claims process. Since federal law in many forms affects the cruise injury claims process, a seasoned cruise ship injury lawyer will understand the terms of the ticket contract and any other laws that apply to your case.
Common Mistakes to Avoid When Filing a Cruise Ship Injury Claim
If you book a passage on a cruise ship, you must carefully read your ticket agreement since it is a contract between you and the cruise line. By purchasing a ticket, you agree to its terms. Your ticket agreement contains the requirements to file a claim or lawsuit for personal injuries.
Some common mistakes include selecting the wrong forum (court) to file your claim and missing deadlines. In addition to meeting requirements for the location of your case filing, you must give notice of your claim (usually within six months) and file it within a specific time (one year).
The court can dismiss your case for any of these reasons. Your case may not succeed if you fail to allege a fact key to your recovery, like establishing that the cruise line was negligent or that its negligence was the actual cause of your injuries. This is why a knowledgeable attorney is essential.
The Role of Mediation and Arbitration in Cruise Ship Injury Claims
Arbitration and mediation both involve presenting your case to a neutral third party. While an arbitrator acts as a decision-maker, a mediator acts as a facilitator. Mediation involves a third party acting as someone who helps the parties engage in meaningful, productive negotiations.
Cruise lines prefer to arbitrate cases mainly to avoid excessive jury verdicts. An arbitrator experienced in hearing cruise ship injury cases is much less likely to award outrageous million-dollar verdicts. Cruise lines use arbitration in many types of matters.
However, claims involving passenger death, bodily or emotional injury, or illness are not subject to arbitration provisions. Remember that you have the right for a court to hear your case instead of an arbitrator.
Hurt in a Cruise ship Accident? Contact Louis A. Vucci, P.A., Today
The Louis A. Vucci P.A. legal team has the knowledge and experience to meet the challenges posed by cruise ship injury cases. Our record of recovering compensation for our clients is a measure of our success. We can help you deal with your injuries and other losses. Contact us online or call (786) 375-0344 to schedule a free consultation.
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