Miami is widely recognized as the cruise capital of the world. Every year, millions of passengers board massive vessels at PortMiami, heading toward the Caribbean and beyond. While most travelers return home with fond memories, some return with life-altering injuries. Whether it is a slip and fall on a wet deck, a medical malpractice incident by the ship’s doctor, or an injury during an offshore excursion, the financial toll can be devastating.
If you have been hurt at sea, you are likely wondering what your case is worth. Under maritime law, injured passengers are entitled to seek “damages,” which is the legal term for financial compensation. However, cruise ship litigation is notoriously complex due to the fine print in ticket contracts and the specific federal laws that govern the high seas.
The team at Brais Law Firm has spent decades navigating these waters. Below, we break down the specific types of compensation you can recover and why having an experienced Miami cruise ship accident attorney is essential to protecting your future.
Medical Expenses: Past, Present, and Future
The most immediate concern after an injury is the cost of medical care. Cruise ship injuries often require air evacuation or treatment in foreign ports, which can cost tens of thousands of dollars. Even after you return to Florida or your home state, the bills continue to mount.
You are entitled to seek compensation for all “reasonable and necessary” medical expenses related to the accident. This includes hospital stays, surgeries, physical therapy, diagnostic imaging like MRIs, and prescription medications. Importantly, if your injury is permanent or requires long-term care, your claim should include the projected costs of future medical treatment. Calculating these future costs often requires expert testimony to ensure you do not settle for an amount that leaves you paying out of pocket years down the road.
Lost Wages and Diminished Earning Capacity
A serious injury often prevents you from returning to work immediately. Whether you missed two weeks or six months, you can recover the income you lost during that time. This includes not just your base salary, but also missed bonuses, commissions, and used vacation or sick time.
In more severe cases, an injury may result in a permanent disability that prevents you from ever returning to your previous profession. This is known as “loss of future earning capacity.” If you were a surgeon who can no longer perform operations due to a hand injury, or a construction worker who can no longer lift heavy objects due to a back injury, the cruise line may be liable for the difference between what you would have earned and what you are now capable of earning.
Pain, Suffering, and Emotional Distress
Not all losses appear on a receipt or a pay stub. “General damages” cover the physical pain and emotional trauma caused by the accident. Maritime law allows passengers to seek compensation for the actual physical agony of the injury and the recovery process.
Furthermore, many victims suffer from Post Traumatic Stress Disorder (PTSD), anxiety, or depression following a maritime disaster. The loss of “enjoyment of life” is also a factor. If you can no longer participate in hobbies, sports, or activities with your children because of your injuries, you deserve to be compensated for that loss of lifestyle. These intangible damages often make up the largest portion of a settlement or jury award.
Disfigurement and Physical Impairment
If an accident results in permanent scarring, loss of a limb, or a permanent limp, you can seek damages for disfigurement. These awards acknowledge that living with a visible or functional impairment carries a heavy psychological and social burden. Courts look at the location and severity of the scarring, as well as the age of the victim, when determining the appropriate value for these claims.
The Impact of the Cruise Ticket Contract
It is important to understand that your right to recover these damages is often restricted by the fine print on your cruise ticket. Most major lines, such as Carnival, Royal Caribbean, and Norwegian, include “forum selection clauses” that require all lawsuits to be filed in federal court in Miami, regardless of where the passenger lives or where the injury occurred.
Additionally, these contracts usually include a one-year statute of limitations. This is significantly shorter than the typical four year window for personal injury claims in Florida. If you do not file your lawsuit within 365 days of the accident, you may lose your right to recover any compensation at all.
How Brais Law Firm Protects Your Interests
Filing a claim against a multi-billion-dollar cruise corporation is not a DIY project. These companies employ aggressive legal teams whose sole job is to minimize payouts. At Brais Law Firm, we level the playing field. Our firm’s founder, Keith Brais, brings a unique perspective as a former marine engineer and a board-certified specialist in Admiralty and Maritime Law.
We help our clients by:
- Conducting thorough investigations to prove the cruise line’s negligence.
- Gathering evidence from the ship, including CCTV footage and maintenance logs.
- Partnering with medical and vocational experts to accurately value your claim.
- Navigating the specific procedural rules of the U.S. District Court for the Southern District of Florida.
Our goal is to ensure that you are not just a claim number to the cruise line. We advocate for the maximum compensation possible so you can focus on your recovery and your family. If you or a loved one has been injured on a ship, do not wait for the cruise line to offer a “goodwill gesture” that likely won’t cover your bills. Contact us today for a free consultation to discuss your legal options.
