Cruise Ship Accident Lawsuit in 2024 - How to Prove Damages & Losses
Suffering an injury aboard a cruise ship can be a stressful experience. If you have been injured on a cruise ship or experienced an accident that traumatized you, you are entitled to compensation. Filing a cruise ship accident lawsuit will help you recover the damages without hassle.
Common types of cruise ship injury lawsuit
Cruise ship accident claims arise from the following:
- Assault and battery.
- Alcohol-related accidents.
- Excursion accidents.
- Gangway accidents.
- Medical malpractice.
- Missing persons.
- Negligent security measures or maintenance.
- Rape and sexual assault.
- Slip, trip, and fall accidents in common areas.
- Ship mechanical malfunctions.
- Tender or boat transfer accidents.
- Unsafe ship-endorsed activities.
- Water slide or ride injuries.
- Wrongful death.
Statute of limitation in cruise ship accident lawsuit
The statute of limitations provides a time frame to investigate the accident and file and get a claim for a cruise ship accident. Contracts contained within a cruise ticket package provide that passengers need to file a notice of their claim to the cruise line within six (6) months. You must also commence a cruise ship accident lawsuit within one (1) year from the time of the accident.
Generally, there is a 4-year statute of limitations for personal injury cases and a 2-year limit for wrongful death suits. However, injuries or deaths incurred due to negligence associated with a cruise line are an exception to this rule.
Medical costs associated with cruise ship accidents
Although cruise line companies try to protect themselves from liability by having passengers sign a contract with their ticket purchase, they still have a duty to provide reasonable safety and security measures to their patrons. Hence, you can sue the cruise line and get a fair cruise ship accident lawsuit settlement if they have been negligent and potentially recover:
- Current and future lost wages.
- Hospitalization costs.
- Present and future medical treatment costs.
- Restoration and transportation costs.
Lost wages:
Lost wages can be incurred from not only an injury but also a delayed cruise ship. The top cruise ship accident lawyers will help you get compensation for missed flights, extra nights in hotels, missed opportunities, etc.
Pain and suffering:
Cruise ship accidents can occur due to poor maintenance, inadequate safety equipment/emergency precautions, incompetent staff, or improperly trained employees. Cruise lines can be held legally responsible for negligence or other causes of action. In addition, you may be entitled to damages for any mental anguish or emotional stress incurred after an incident in the isolating confines of a cruise ship.
Cruise lines impose an even shorter time limitation for filing non-physical injury claims. Most cruise lines require written cruise ship injury claims to be filed within a few days of the incident. Although many courts reject such restrictive limitations if they were unreasonable under the circumstances, they are still typically upheld. Talk to a legal specialist in cruise ship accident claims asap to ensure you meet the deadlines.
Steps to file cruise ship accident lawsuit
If your cruise ship injury claim fell on deaf ears, you should proceed with filing a cruise ship accident lawsuit. Here are some steps to guide you.
Immediate medical treatment:
No matter how minor your injuries might seem at the time, seeking immediate medical treatment is important for your wellbeing. In addition, it also helps you ensure that there is a record of your accident and your injuries. There is also a risk that injuries that initially seem minor could persist or grow worse.
If you do not seek treatment immediately after a cruise ship accident, it can put your recovery at risk. For instance, if you injure a limb but continue to use it, it could potentially exacerbate the cruise ship injury and delay your recovery.
Carefully describe how the accident occurred:
When seeking medical treatment from the ship’s medical center, the medical crew will ask you how your accident happened. They will also ask you to write down the circumstances of your accident in a passenger accident statement or medical center intake form.
You should describe your accident as precisely as possible as it is crucial in helping you get a fair cruise ship accident settlement. Although bringing a compensation claim will probably be the last thing on your mind at this stage, you don’t know how serious your injury is and how it will affect you in the future.
Be prepared to pay for all the medical treatments:
Although cruise ships have medical centers, medical treatment is usually not free. Even if you believe that the cruise line is at fault, you must still prepare to pay for your medical treatment.
Even if you have travel insurance, the cruise ship will ask you to pay for the medical treatment yourself for you to claim back from your travel insurer. Make sure to collect all receipts for treatments, checkups, and medicines purchased.
Ask for an accident investigation:
After reporting your accident, you need to ensure that the cruise ship has an official record of the accident. Hiring the top cruise ship accident attorney will help you investigate and gather evidence to win your case. The accident should still be fresh in your memory at this stage. Still, the witnesses’ statements and the accident report form plays a crucial role in detailing how the accident happened.
During the investigation process, ask the ship’s security officers for copies of documents that you give them, like your witness statement and accident report.
Contact insurance companies:
When claiming after your travel insurance policy, the insurance companies will try their best to reduce your compensation. In addition, your travel insurer file will also form part of the evidence in a later cruise ship accident compensation claim. You must carefully describe how the accident happened when you report it to your travel insurer. What you told the cruise line about what happened should be the same as what you tell your travel insurer.
Gather evidence:
The top cruise ship accident lawyer in Philadelphia should help you identify and obtain strong proof, so you can get maximum compensation for your claim. You can take an active part in gathering evidence by doing the following:
- Take photos and videos of the scene of the accident and the surrounding area.
- Get names, phone numbers, and email addresses of potential witnesses.
- Get the names and job titles of all the ship’s crew that you dealt with, such as doctors and security personnel.
- Take notes during meetings or telephone calls that you have about your accident.
- Use your phone and take a picture of your accident report or witness statement before handing it over to the crew.
- Take photographs of the shoes that you were wearing, and do not throw them away.
- Take pictures of your clothes if they have been soiled, stained, or damaged in the accident.
- Get a copy of your onboard medical records before you disembark the ship.
- Keep and secure your cruise documents, such as your booking contract, tickets, and brochure.
Have you gone through a traumatic cruise ship accident that left you or your loved one injured or shocked? Call us on 610-510-8883 to discuss your case asap.
Ethen Ostroff Law and his network of maritime injury attorneys will investigate the various factors that led to the accident. Our team is committed to helping you get the compensation you deserve for your cruise ship accident lawsuit. Get in touch with us today.
