A cruise vacation can be enjoyable but also dangerous. Hiring a cruise injury attorney can be a huge help if you get involved in an accident during the trip. However, before you are going to file a lawsuit, there are some things you need to know. Continue reading to find out more!
What is a Cruise Injury Lawyer?
A cruise injury lawyer is a personal injury lawyer or attorney who fights against the cruise lines in court. They act as representations of the victims of injuries or accidents that happen on cruise ships to get fair compensation.
Why You Need a Cruise Injury Attorney?
Though vacation on a cruise ship can be relaxing and fun, any incidents can happen. Sometimes, the accident of a cruise ship occurs because of the negligence of the crew. However, you might face obstacles when filing a lawsuit. Hence, here are the four main reasons why you should hire one to assist you.
1. You Deserve Compensation If the Cruise Line is at-fault
The cruise ship company has the responsibility to guarantee passengers’ safety. Hence, they must provide all necessities to ensure the guests are safe during the trip. Moreover, they must provide emergency medical supplies or staff whenever someone is injured.
However, if the safety standards are not maintained well, it would put the passenger in danger. Suppose you are experiencing such a painful moment during the trip that causes you physical or physiological injuries. You deserve to get compensation from the cruise line.
2. The Crusie Line Might Also Have a Lawyer
When you need to sue the cruise line, they might be ready to defend themselves with a skillful lawyer. Accordingly, the company seeks to bring down the compensation as much as it can. Or even worse, they might avoid the responsibility entirely.
For this reason, you clearly need a cruise injury attorney. They will assist you in gaining what you deserve as compensation and offer you legal support. Besides, it would be much more assured for you to face the opposing lawyer.
3. The Lawyer will Bring Your Case to Success
A cruise injury lawyer has wide knowledge and experience relating to maritime law. Thus, they tend to have the best strategy to bring up your case. They will gather information by investigating the evidence, talking to witnesses, and examining the accident.
Once the lawyer gains the information, they will negotiate about the compensation you deserve. Additionally, they ensure you do not feel intimidated by the opposing side for settling for the lower compensation.
4. Stress Reduction
Taking legal action can be daunting and stressful. However, it will put you at ease when you hire a lawyer. Since they are more professional, they can help you with legal services and manage your case properly. Therefore, you can relax and focus on your recovery.
When and Where to File Your Claim with a Cruise Injury Attorney?
When you buy a cruise ticket, you agree to the terms of the cruise company. That ticket provides information about the cruise line’s contract. Please read them carefully because it affects your right to claim compensation. The explanation below is the general content of the cruise passenger ticket.
1. Statute of Limitation
The statute of limitation in the passenger ticker refers to the deadline for taking legal action. Commonly, the statute of limitation is three years from the date of the accident in maritime injury cases.
However, there are cruise lines that shorten the deadline to one year only. The purpose is to distract the lawyer or passenger from filing the lawsuit. As a result, the court dismissed the case because they failed to file the document on time.
2. Forum Selection Clause
Commonly, you can choose where you want to file a lawsuit. However, this is different for a cruise ship company. A forum selection clause specifies where you should file a lawsuit.
It doesn’t matter where you are from or where the cruise ship departed. You must file claims in the state where the cruise line’s headquarters are located.
In most cases, the cruise lines have limited the locations for filing the lawsuit in cities where larger ports are located. The locations include Miami, Seattle, and Los Angeles. Although it can be inconvenient for the plaintiff to live in another country, the courts find this clause reasonable.
3. Notice Requirements
Many cruise ship companies require you to provide a written notice of claim to the company within 180 days from the date of the incident. Consequently, the court will cancel your claim if you don’t file the notice.
However, this rule indicates several exceptions. Hence, discuss with your attorney whether your case could meet this exception to this rule.
The Common Cruise Accident for a Cruise Injury Attorney to Handle
Although the cruise ship has safety standards, the accident could occur anytime. As a result, the passengers are at risk of suffering a terrible injury or traumatic experience. To know what kind of accident the lawyer could handle, see the list below about eight common accidents during cruise trips.
1. Slip and Fall
Slip and fall is one of the most common ways the guest can get hurt during the trip. The accidents’ causes include wet and slippery floors, inoperative stairs, being struck by an object, and environmental hazards.
2. Contaminated Food
Crucial medical problems can occur if the staff mishandles the meal correctly. This act of negligence will provoke terrible food poisoning and cause the passengers to suffer illness.
You can take legal action if such an occurrence happens during your trip. Discuss this in detail with your cruise injury attorney to determine the proper restitution for your bad experience.
3. Recreation Activities Accident
The cruise ship offers various fun and recreational activities, like rock climbing, sky rides, and water activities. However, sometimes accidents occur when you play with those facilities.
4. Medical Care
The malpractice of the medical staff can worsen the injury. However, this medical negligence case is quite complex. To win the case, you must have solid evidence of medical negligence.
5. Accident in the Cruise’s Escalator and Elevator
When a facility, like an elevator or escalator, doesn’t get proper maintenance, it can cause a malfunction. As a result, the passenger could fall or get trapped causing terrible injury or even death.
6. Falling Overboard
Falling overboard is one of the most rare incidents during a cruise trip. The data shows that 25 people fell overboard during a trip in 2019. Compared to 13.7 million passengers in the US, this accident number is very low. Furthermore, most of these incidents are the result of intentional reckless acts.
Nevertheless, suppose there is an overboard incident because of the crew’s negligence. You have the right to bring this case to court. The cruise injury attorney will assist you in investigating the case.
Fire contributes to various dangers for passengers. It does not only cause horrible moments for the guest, but it also increases the risk of another accident. Consequently, people could suffer fatal injuries, such as burns, disfigurement, and scars.
8. Sexual Assault
Unfortunately, sexual assault can also occur on the cruise ship. The cruise line might be responsible for this incident if they don’t:
- fix the broken door locks;
- provide a proper security standard; and
- afford a complete background check for the crew.
If you are a victim of sexual assault during the cruise trip, please seek medical help immediately. You may report a sexual assault forensic examination to gather proof of your incident.
Get Help From a Cruise Injury Attorney to Claim Fair Compensation for Your Injury!
Injury during the vacation on a cruise ship can be hurtful and traumatic. Therefore, you have a right to get restitution for your physical or physiological loss. A cruise injury attorney is ready to speak on your behalf.
Their experience from investigating the case, up to taking necessary legal actions against the cruise lines, helps you seek the compensation you deserve.