Cruise Ship Passenger Accident Attorney

Typically, you have one year from the date of the accident to file a lawsuit. Additionally, many contracts require you to provide formal written notice of your intent to sue within 6 months (180 days) of the incident. If you miss these deadlines, your claim is almost always barred forever.

For the vast majority of major lines (Carnival, Royal Caribbean, Norwegian, Celebrity, and Disney), the contract requires all lawsuits to be filed in Federal Court in the Southern District of Florida (Miami). Even if you live in California and the ship departed from New York, you will likely need to hire an attorney admitted to practice in Florida federal courts.

You can still sue, but it is more difficult. To hold the cruise line liable, your attorney must usually prove that the cruise line was negligent in hiring or retaining that specific excursion operator, or that the cruise line failed to warn you of a known danger at that destination. You may also have a direct claim against the local excursion company, though this involves international law.

No. Cruise lines are generally not required to show you or give you copies of their CCTV footage unless a formal lawsuit is filed and the footage is requested during the “discovery” phase of litigation. This is why it is vital to take your own photos and videos of the scene and your injuries immediately after the accident.

Under maritime law, you can seek “damages” for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering (physical and emotional)
• Disability or disfigurement

Note: You generally cannot sue simply because you didn’t have a good time; there must be a physical injury or a specific breach of duty.

Because of the Florida filing requirements and the specialized nature of General Maritime Law, most local attorneys cannot handle these cases. A maritime attorney understands the specific “Notice of Claim” requirements and the complex federal rules that apply to ships. Often, a local lawyer will partner with a maritime firm to ensure the case isn’t dismissed on a technicality.