The basic timeline of a personal injury case typically includes filing an insurance claim and a lawsuit in court, with the possibility of settlement as a means of resolving the case. However, with cruise ship accidents in Miami, there is usually another step in the process because of the unique nature of these claims. You might be required to participate in a form of alternative dispute resolution (ADR) known as arbitration. The American Arbitration Association (AAA) notes a few of the clauses that may be included in your cruise vacation contract, which may indicate you are required to enter into arbitration.
The benefits of arbitration after a cruise ship accident include a shorter time to resolution, avoiding court, and reduced legal expenses. Plus, in most cases, you will still be able to file a lawsuit in court if the arbitration process does not result in a reasonable amount of damages. Your Miami cruise ship accident lawyer will handle all necessary tasks and represent you during the process, but some information about arbitration is useful.
Overview of the Arbitration Process
The proceedings are similar to a court trial in the sense that you present evidence and testimony, except that the parties are before a panel of arbitrators. These individuals hear both sides of the case and make a decision by voting. Much like a lawsuit, you will need to prove:
- The cruise operator breached the duty to keep passengers safe, leading to the accident in which you were injured.
- Your injuries caused you to suffer physical, financial, and emotional losses.
How to File for Cruise Ship Accident Arbitration
Your cruise vacation documents will contain information on the steps to take after an accident. You must follow the instructions, particularly with respect to the deadlines listed in your paperwork. These provisions restrict you to a shorter time to act than the Florida statute of limitations, which is two years.
Damages in Arbitration
Though the process may be different than litigation, you can recover many of the same types of compensation available in a personal injury lawsuit. For instance, depending on your injuries, you may obtain amounts for:
- Medical costs, including emergency care, transport to shore, surgery, hospitalization, and other treatment expenses;
- Lost wages, if you were unable to work because of your injuries;
- Pain and suffering;
- Emotional distress; and,
- Other losses that impact your quality of life.
Post-Arbitration Options
If you are unsuccessful at arbitration or the arbitrators award an amount that does not fully compensate you, the next step is going to court. Though you might be required to go to arbitration first, you are not precluded from filing a lawsuit after you complete the process.
Our Miami Cruise Ship Accidents Lawyers Will Advise You
When you understand how arbitration works in Florida cruise ship accident cases, you can see that retaining skilled legal representation is essential. Please contact Gerson & Schwartz, PA, today at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL. We can set up a free case evaluation with a cruise ship accident attorney.