subject: A Cruise Ship Accident Lawyer Understands The Complexities Of Cruise Lawsuits [print this page] Anyone would think that after the January 2012 accident of Carnival's Costa Concordia near Giglio, Italy, compensation would be forthcoming for victims and families. After all, 32 people died after the captain failed to inform passengers (or the Italian Coast Guard) of how serious the ship's damage was. He did not declare an emergency, losing valuable time, and abandoned the ship, basically leaving passengers to fend for themselves. And yet, as of the autumn of 2012 it isn't even clear where passengers and families should file suit, let alone whether they will be adequately compensated for their losses.
Jurisdiction Is the First Thing to Determine
When a cruise ship passenger is injured onboard a cruise ship, the first thing that must be determined is where the passenger is required to bring a legal claim. In the U.S., suit must usually be filed in Miami-Dade County due to the large number of ships that sail from there. But as the Costa Concordia shows, jurisdiction may be very complicated. The Costa Concordia flies the Italian flag and is incorporated in Italy, yet Carnival, the parent company, is based in the U.S. Further complicating the matter is that there is a criminal proceeding in Italy. With cruise injuries, a cruise ship accident attorney must first determine where a case must be brought, and this is not always easy.
Statue of Limitations Must Be Kept in Mind
Another unique feature of cruise ship cases is that passengers only have one year after an injury on a cruise ship to bring a claim. That makes it difficult to negotiate directly with cruise companies, because if they stall long enough the passenger has no recourse. A cruise ship accident lawyer knows that time is not on the side of the injured party and must act swiftly on a complicated legal playing field. If a suit is filed, the case will not necessarily go to trial, but litigation is often necessary to bring cruise companies to the negotiating table.
How to Protect Yourself after a Cruise Injury
Most cruise injuries are far less catastrophic than what Costa Concordia passengers experienced. However, if you're hurt in a slip and fall or tripping accident onboard a ship, or are assaulted, the first thing you should do after receiving medical attention is to document the incident as thoroughly as possible and determine if any of the incident may have been captured on video. It's smart to obtain the names and phone numbers of any witnesses if possible. Before leaving the ship, demand a copy of your shipboard medical record and contact a cruise injury lawyer as soon as possible.
An Experienced Cruise Ship Accident Attorney is Essential
Even the most straightforward accident becomes complicated if it happens on a cruise ship. The most gifted injury lawyer will have an uphill battle with a cruise line if he or she has never litigated against a cruise company before. If you're injured on a cruise ship, you need an attorney who has specific experience dealing with cruise lines due to the complexities of these cases.
