Cruise Ship Accident Lawyer Blog
While you might be aware of your rights when injured in an accident on land, cruise ship accidents are a separate matter. Maritime law applies, so though you still have options, you need to meet distinct requirements. Of course, cruise companies hope you fail in these efforts because your claim affects their bottom line.
A Miami cruise ship accident attorney knows these details and will handle all legal tasks to protect your rights. Meanwhile, here are the facts that cruise companies do not want you to know.
There is a One-Year Deadline Cruise Lines Hope You Miss
As compared to statutes of limitations for most personal injury cases, cruise lines hide a shorter timeline in their contracts. US maritime liability statutes allow major carriers to include language that slashes the deadline to just one year. However, there is another critical step: Victims must usually provide written notice of the intent to sue within six months of the incident. Missing these deadlines can permanently bar your recovery, which is exactly what the cruise companies prefer.
Cruise Companies Expect You to File in the Wrong Jurisdiction
Many passengers are shocked to learn about forum selection clauses, in which the cruise line requires all injury litigation to be filed in a specific court, regardless of where you live. Your claim could be dismissed entirely if you proceed in the wrong jurisdiction.
Even when you DO file in the proper court, the possible effect is that you are fighting a legal battle far from home. Retaining a local attorney is not just an option but a logistical and legal necessity.
You Do Not Get the “Fine Print” on Your Boarding Pass
The moment you accept your digital boarding pass, you agree to a complex legal contract designed to protect the cruise industry. These terms are intentionally dense to discourage passengers from seeking fair compensation, such as language that:
- Limits the cruise line’s liability
- Sets caps on property damage
- Defines the specific conditions under which you can hold them accountable
You Will Not Protect Your Claim Before You Leave
The actions you take before disembarking could determine the strength of your future claim. Cruise lines often attempt to take recorded statements while you are shaken or under medication; however, you are not legally required to provide one immediately.
Instead, focus on documenting the scene by:
- Capturing photos
- Collecting contact details from witnesses
- Seeking an independent medical evaluation
Gathering this evidence early enables you to preserve the facts about the hazardous conditions for your legal team.
Call Now to Speak to a Miami Cruise Ship Accident Lawyer
The most effective way to protect your rights is to retain legal counsel to assist with your legal claim. Cruise lines maintain huge, strong legal departments specifically devoted to minimizing liability, so attempting to go it alone puts your recovery at risk.
At Gerson & Schwartz, PA, our team is prepared to level the playing field and seek the compensation you deserve. Please call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.