After experiencing a violent incident like an assault on a cruise ship, the moments that follow are often a blur of adrenaline, fear, and confusion. If the individual who attacked you was apprehended by cruise security and handed over to authorities in Miami, you might feel a temporary sense of relief. Seeing your assailant in jail provides a feeling of security and the hope that justice is being served. However, many victims find themselves asking a critical question: Do I need a criminal lawyer now that the person who assaulted me is behind bars?
The short answer is that while the state handles the criminal prosecution, you need your own legal representation to protect your interests and pursue compensation. It is also important to clarify a common misconception: victims of crimes do not typically hire a criminal defense lawyer for themselves unless they are being accused of a crime. Instead, as a victim, you need a specialized cruise ship assault attorney who understands maritime law and personal injury litigation. At Brais Law Firm, we help victims navigate the complex aftermath of shipboard violence to ensure they are not left behind by the legal system.
The Difference Between Criminal Justice and Civil Justice
When someone is arrested in Miami for an assault that occurred on a cruise ship, the criminal justice system takes over. The State Attorney’s Office is responsible for prosecuting the defendant. In this scenario, the “case” is the State of Florida versus the defendant. You are a witness for the prosecution, but you are not a party to the case. The goal of the criminal court is to punish the perpetrator through jail time, fines, or probation.
While criminal court is essential for public safety, it rarely provides the victim with the resources needed to truly recover. Here is why the criminal case alone is often insufficient for a victim’s total recovery:
- Restitution is Limited: Criminal courts may order restitution, but defendants in jail rarely have the liquid assets to pay for significant long term damages.
- Focus on Punishment: The prosecutor represents the interests of the public, not your specific financial or medical needs.
- No Corporate Accountability: The criminal case will not address the cruise line’s failure to provide a safe environment or adequate security.
A civil lawsuit is your way of holding both the attacker and the cruise line accountable for the physical and emotional damages you have suffered. To navigate this path, you need a lawyer who specializes in maritime torts.
Why the Cruise Line May Be Liable
A common question victims ask is why they should look beyond the person who attacked them. In many cases, the individual in jail may not have the financial assets to compensate you for a lifetime of trauma or medical care. However, cruise lines have a legal obligation to ensure the safety and security of their passengers. Under maritime law, a cruise line can be held liable for an assault if it can be proven that they were negligent in the following ways:
- Failure to provide adequate security presence in isolated areas of the ship.
- Overserving alcohol to a passenger who then became violent or predatory.
- Inadequate screening or background checks for crew members.
- Failure to monitor shipboard surveillance cameras in real time.
Furthermore, in cases involving crew member assaults on passengers, the cruise line is often held “strictly liable” under federal maritime law. This means the cruise line is responsible for the actions of its employees, regardless of whether the cruise line itself was negligent. If you were harmed by a crew member, the fact that they are in jail is just the beginning of the legal process.
The Complexity of Maritime Law
Assaults that happen at sea are not treated the same as assaults that happen on land in downtown Miami. Maritime law is a unique and highly specialized field. Your cruise ticket is actually a legal contract that contains “fine print” which significantly impacts your right to sue. These contracts often include “forum selection clauses” that require any lawsuit to be filed in a specific court, often the United States District Court for the Southern District of Florida, regardless of where you live.
Additionally, cruise lines include very short timelines for legal action. Consider these critical deadlines found in most passenger tickets:
- Notice of Claim: Many lines require written notice of an intent to sue within 180 days (six months).
- Filing Deadline: The statute of limitations is often shortened to just one year from the date of the incident.
- Location: Most major lines (Carnival, Royal Caribbean, Norwegian) require all lawsuits to be filed in Miami.
If you wait for the criminal case to conclude before seeking civil legal advice, you may find that your window of opportunity has closed forever.
How an Experienced Maritime Attorney Protects You
When you work with Brais Law Firm, we act as your shield and your voice. While the person who assaulted you is in jail, the cruise line’s risk management team and insurance adjusters are already working to minimize their liability. They may try to interview you or ask you to sign statements that could hurt your case later. We step in to handle all communication with the cruise line and their investigators.
Our team also conducts an independent investigation. We look for evidence that the criminal prosecutors might not focus on, such as:
- The ship’s history of prior assaults or security lapses.
- Security footage that the cruise line may be hesitant to release voluntarily.
- Maintenance logs for door locks or lighting in the area of the assault.
- Personnel files and disciplinary records of the attacker if they were an employee.
We ensure that evidence is preserved before the ship leaves port again or video files are overwritten.
Moving Forward and Seeking Support
Healing from an assault is a long journey. The criminal process can be slow, and the emotional toll is heavy. It is vital to remember that the criminal case belongs to the state, but your recovery belongs to you. You have the right to seek professional counseling and specialized medical treatment, and the costs of these should not fall on your shoulders. By pursuing a civil claim, you are taking back control of your life.
If the incident involved a sexual nature, the legal nuances become even more sensitive and complex. It is essential to speak with professionals who handle these cases with the utmost discretion and aggression toward the responsible parties. Contact our cruise ship sexual assault lawyers in Miami today to discuss your situation in a confidential environment. We can explain the specific laws that apply to your case and how we can pursue the cruise line for their failure to protect you.
Why Choose Brais Law Firm?
At Brais Law Firm, we have spent decades focusing on maritime law. Our founding partner, Keith Brais, is Board Certified in Admiralty and Maritime Law, a distinction that marks a high level of expertise in this niche field. We understand the tactics cruise lines use to evade responsibility, and we have a proven track record of holding them accountable in Miami courts.
Our commitment to our clients includes:
- Contingency Fee Basis: You do not pay us anything unless we successfully recover compensation for you.
- Board Certified Expertise: Specialized knowledge of the complex federal maritime statutes.
- Direct Communication: We keep you informed throughout both the civil and criminal developments.
While the person who assaulted you sits in jail, let us get to work on ensuring the rest of the justice you deserve is served. We are ready to help you hold the cruise line accountable for the trauma you have endured. Contact Brais Law Firm today for a free consultation.
