Accidents and injuries can unfortunately disrupt a cruise vacation. If you’ve been injured on a cruise ship, like a slip and fall, understanding the time frame for legal action is crucial. In Miami, where many cruise lines are based, the statute of limitations for filing a personal injury claim against major cruise companies is generally one year from the date of the incident. Here, we delve into the specifics of this time limit and the preliminary steps you need to take.

 

The One-Year Statute of Limitations (Deadline)

Most major cruise lines, including Carnival, Norwegian, and Royal Caribbean, have detailed their legal terms within their passenger ticket contracts. Below are samples from such contracts:

  • Carnival Cruise Linerequires that any injury claims must be filed within one year from the date the injury occurred. Their ticket contract states:

“14. TIME LIMITS FOR CLAIMS, JURISDICTION, VENUE, ARBITRATION AND GOVERNING LAW

(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.”

  • Norwegian Cruise Linesimilarly sets a one-year limit for filing lawsuits. Their contract includes:

“11. Time Limitations of Actions; Waiver of Class Action Right:
(a) SUITS FOR INJURY, ILLNESS OR DEATH:THE GUEST AGREES THAT NO SUIT, WHETHER BROUGHT IN REM OR IN PERSONAM, SHALL BE MAINTAINED AGAINST THE CARRIER FOR EMOTIONAL OR PHYSICAL INJURY, ILLNESS OR DEATH OF GUEST UNLESS WRITTEN NOTICE OF THE CLAIM, INCLUDING A COMPLETE FACTUAL ACCOUNT OF THE BASIS OF SUCH CLAIM, IS DELIVERED TO THE CARRIER VIA EMAIL TO nclguestclaims@ncl.com or VIA MAIL TO 7665 Corporate Center Drive, Miami, Florida 33126, ATTN: CLAIMS DEPARTMENT, WITHIN 185 CALENDAR DAYS FROM THE DATE OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH; AND NO SUIT SHALL BE MAINTAINABLE UNLESS COMMENCED WITHIN ONE (1) YEAR FROM THE DAY OF THE INCIDENT GIVING RISE TO SUCH INJURY, ILLNESS OR DEATH, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE OR COUNTRY TO THE CONTRARY.

  • Royal Caribbean Cruises Ltd.also mandates that claims must be filed within one year:

“(iii) TIME LIMITS FOR PERSONAL INJURY/ILLNESS/DEATH AND OTHER CLAIMS: NO SUIT SHALL BE MAINTAINABLE AGAINST THE CARRIER, THE VESSEL OR THE TRANSPORT FOR PERSONAL INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS WRITTEN NOTICE OF THE CLAIM, WITH FULL PARTICULARS, IS DELIVERED TO THE CARRIER AT THE FOLLOWING ADDRESS, C/O ROYAL CARIBBEAN CRUISES LTD., 1050 CARIBBEAN WAY, MIAMI, FL 33132, WITHIN SIX (6) MONTHS FROM THE DATE OF THE INJURY, ILLNESS OR DEATH AND SUIT IS COMMENCED (FILED) WITHIN ONE (1) YEAR FROM THE DATE OF SUCH INJURY, ILLNESS OR DEATH AND PROCESS SERVED WITHIN 120 DAYS AFTER FILING, NOTWITHSTANDING ANY PROVISION OF LAW OF ANY STATE, TERRITORY OR COUNTRY TO THE CONTRARY. FOR ALL OTHER CLAIMS, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE CRUISE, CRUISETOUR, LAND TOUR OR TRANSPORT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED”

 

 

The Six-Month Notice Letter

Before you can even file that lawsuit, most cruise line contracts require passengers to provide written notice of their claim within six months or 185 days of the incident. This notice is critical, as failure to do so could bar your claim even if you file the lawsuit timely. This 6-month notice letter is often referred to as a bill of particulars.

Why This Matters

If you’ve suffered an injury on a cruise ship, whether it’s a slip and fall, medical negligence, or sexual assault, time is of the essence. Not only do you need to file within the one-year statute of limitations, but you must also give notice within six months. Missing these deadlines can result in losing your right to pursue compensation.

 

Contact Perkins Law Offices for Help

If you or a loved one has been injured on a cruise ship, Perkins Law Officescan guide you through the maze of legal mumbo jumbo. It is too tricky to do without a lawyer. Studies show lawyers get much more money for injuries than unrepresented parties. Based in Miami, we understand the nuances of maritime law and the specific requirements of cruise line contracts. We offer:

  • Free, Confidential Consultation: Discuss your case with no upfront fees.
  • No Fees Unless We Win: All cases are taken on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

For expert legal assistance, reach out to Perkins Law Offices:

  • Miami Office: 1728 Coral Way, Suite 702, Miami, FL 33145
  • Boca Raton Office: 6560 W. Rogers Circle, Boca Raton, Florida 33487
  • Phone: 305-741-5297
  • Email: perkins@perkinslawoffices.com

Don’t let the statute of limitations pass you by. Contact us today to ensure your rights are protected and you receive the justice you deserve.