Hurt on cruise what to do lawyer

Hurt on a Cruise? What to Do and Why a Lawyer is Your Lifeline – A Guide by Perkins Law Offices

Nobody expects disaster to strike while on a cruise vacation. Passengers assume these all inclusive floating cities that cater to young families and the elderly are safe and have all contingencies planned out. But unfortunately, passengers cannot walk around without a care in the world. Injuries at sea and on excursions are commonplace. Even more discouraging is that many of these run of the mill injuries are preventable because they are caused by the cruise line’s carelessness. Often there is nothing that the unsuspecting passengers can do to reduce the risks. The cruise lines actually expect a certain amount of injuries to occur and for the claims and lawsuits that arise because of them.

Injuries are a costs of doing business for these giant corporations. Injury and legal expenses are baked into their budgets.  For example, Norwegian Cruise line expects a certain amount of slip and falls on the lido deck per year that result in injuries. While they certainly wish to reduce risk of injuries and the money they pay out for injury lawsuits and claims, there are certain conditions on the ship that they just cannot change or would be too cost prohibitive to perform. They would rather offer discounts on future cruises to appease guests and risk being sued, than take a ship out of service to replace dangerous pool deck material.

A cruise vacation conjures images of sun-drenched decks, exotic ports of call, and endless buffets for some people. But not for this writer’s law firm. When people hear that I do not take cruises and have no interest in doing so they are surprised. Especially, when I speak to serial cruisers who take multiple cruises per year. I have represented passengers who have gone on over thirty cruises and have “platinum” status on their preferred cruise line. But that warm and fuzzy love fest with the cruise can quickly change when these avid cruise goers get seriously injured. The cruise line and their crew members suddenly clam up and attitudes shift from polite and bending over backwards, to suspicious and sometimes non-responsive.

The cruise line may not offer adequate treatment on board or assistance in coordinating disembarking, stranding distraught passengers. We have seen instances where major cruise lines like Royal Caribbean, have forced injured passengers off the ship in foreign ports left to their own demise. Understandably, the cruise ship may not have the medical capabilities of a level 1 trauma center and cannot handle surgeries or other serious treatment protocols. They also do not want to take on such liability risk as they are not in the medical business. However, as these cruise ships get larger carrying up to 7500 passengers and 25o0 crew, shouldn’t governing authorities, like congress and the EU require more state of the art capabilities and trained medical staff equipped to handle the eventual likelihood health emergencies. And yes, cruise ship do have “morgues” where the keep passers who expire on their cruise.

If you’ve been hurt on a cruise, knowing what to do and when to call a lawyer is can be key to a successful compensation claim. At Perkins Law Offices in Miami, we’ve seen firsthand how cruise line’s treat injured passengers, an in serious accident cases, how they gear up from for a complex legal battle from the minute the injury occurs. Security often responds immediately to an incident to document the scene in a way that will ultimately favor the cruise line.  For example, in a slip and fall on the pool deck, security will appear on the scene because crew are trained to call them. Security will take photos and notes. They will ask you to take off the shoes you were wearing to take photos or they will do so while you are laying on the ground not realizing what they are doing. Security will be interested to know if you have been drinking. Either at the scene or later in the medical center or in a cabin visit, security will inquire how much you have had to drink and often times may ask for a breathalyzer. In serious injury cases they may do a blood draw.

The indent report or passenger accident statement is another tricky thing that the security will ask for. Either security or medical staff, will ask you or someone you are with, to fill out an incident report of what happened. Or security may fill it out with you or on your behalf. Then they ask you to sign it. Be careful with these ancient reports and statements! Obviously, passengers are under the stress after they are injured. They may even already have been given narcotic pain killers or are disoriented. The last thing passengers are worried about is filling out forms and they do not pay close attention to what is written down or what security or someone in their traveling party writes down for them.

There is an intentional trick question on many of the incident report forms that the cruise lines count on either you missing or filling out incorrectly. The forms for most the major cruise lines have a question to the effect “who do you blame for the incident?” And they may only give you a check box with 3 choices to select from, “myself” or “No-one was to blame” or “other”. They don’t give a check box to prompt a passenger to blame the cruise line of to even think about it. We have seen time and time again, passengers leave this blank or worse, the cruise line checks the “myself” box and the passenger unknowingly signs it. How dishonest! Buts that’s what the crew is trained to do. Avoid liability. Below is an exemplar from an actual claim in our office from a passenger statement where the cruise line filled it because the client was too injured and his wife was providing the details. You can see the crew  checked the “myself” box and acceding to my client’s wife, the security officer also signed her name! She was shocked when I sent them their so called “passenger statement”.

Many of our clients are surprised to learn they the cruise line will not give them a copy of the incident report. They do not have to, at least not until a lawsuit is actually filed. In a cruise lawsuit they are required to engage in the legal process of discovery where each side exchanges paperwork as required by the judge. However, you are entitled to your own statement that you provided, which is why often times the statement is separate apart from the incident report and is done on a different form.

Perkinslawoffices.com has practical information about for anyone who has suffered a cruise ship injury. If only passengers knew about these tips before they were injured. But if you’re hurt on a cruise and feeling overwhelmed, possibly in pain, and unsure of your rights, and you come across our website or our ads, please give us a call and we will help you free of charge. The cruise lines have powerful legal teams; you deserve equally dedicated representation. We handle cases on contingency, so there are no upfront fees. It costs you nothing to consult with a cruise lawyer. The moments following an injury are critical, and the steps you take can significantly impact your ability to recover fair compensation as you can see from the above example with innocent

 You’re Hurt on a Cruise – Now What?

The immediate aftermath of any cruise accident can be disorienting. One minute you’re enjoying the buffet, and the next you’ve slipped on a wet floor, or perhaps a piece of faulty equipment has caused an injury. The vibrant atmosphere of the ship can quickly fade, replaced by the sterile environment of the ship’s medical bay and a wave of uncertainty.

Immediate Steps to Take After a Cruise Ship Injury (Crucial First Actions)

If you’ve been injured on a cruise, your immediate priority is your health and safety. However, as you can see from the above examples, the actions you take right after the incident are also vital for any future cruise injury claim. We do not want to give the cruise line defenses, especially dishonest ones.

1. Seek Immediate Medical Attention: This is non-negotiable. Report to the ship’s medical facility without delay, even if you think your injury may be minor. Some injuries have delayed symptoms or get worse later. You may think you just sprained an ankle but have sustained a fracture or ligament tear. You may have major bruising on your leg after a fall but go to your doctor a home and X-rays and MRI’s show a broken hip. Describe exactly how the injury occurred to the medical staff and all body parts affected. It’s crucial that your visit and the cause of your injury are documented. If you’re able, request a copy of the medical report before you disembark. If your injury is severe, the ship’s doctor may recommend disembarkation at the next port for more comprehensive treatment. This can be tricky too in a foreign port. Hospitals may be far away or sub par. Follow this advice and ensure all shoreside medical treatment is also thoroughly documented. In a foreign country, make sure you get copies of your medical records which may be near impossible to get after you leave.

   • “Getting immediate medical attention onboard is always the first step,” advises Alex Perkins, founder of the cruise ship injury law firm, Perkins Law Offices. “It not only addresses your health but also creates an official record of the injury occurring while on the cruise. You need a receipt to return something you bough to Bloomingdale’s, this is no different” 

2. Report the Injury to Cruise Ship Personnel: As soon as possible, officially report your cruise accident to the ship’s security or guest services. Insist on making a formal written report even if they are reluctant. Be detailed and accurate about when, where, and how the incident happened. If there were any hazards, like a wet floor without a warning sign or broken railing, describe it. Try to obtain a copy of this report even you are not entitled to get it until a lawsuit. Try to take a picture of it as they are filling it out. If they refuse to provide the copy, make a detailed note of who you spoke to, when, and what was discussed.

3. Document Everything Meticulously: In the world of personal injury, evidence is king. You got to have receipts!

   • Photographs and Videos: If you are able, take photos or videos of the exact location where the injury occurred and the dangerous condition you are alleging. Even if the area has been cleaned up or dried, still get good footage from all angles and take note of where security cameras may be pointed. Capture the hazardous condition (e.g., spilled liquid, broken chair, uneven surface, poor lighting). Photograph your injuries as soon as possible and continue to document them as they heal (or don’t). If any equipment was involved, photograph it.
   • Witness Information: If anyone saw your accident, get their names, phone numbers, and email addresses. Witness testimony can be invaluable. Don’t rely on the cruise line to do this for you.
   • Your Own Notes: Write down everything you remember about the accident as soon as you can, while the details are fresh. Include the date, time, specific location, what you were doing, how it happened, who was present, and any conversations with cruise staff. Keep a journal of your symptoms, pain levels, medical treatments, and how the injury is affecting your daily life.

4. Preserve Evidence: If your injury was caused by a faulty object (like a broken deck chair) or if your clothing was torn or bloodied, preserve these items. This may be integral in sexual assault and rape cases when a passenger or crew member is sexually assaulted.  Ask for a rape kit, most ships should now have this equipment. Do not surrender evidence to the cruise line without first documenting it in some way or speaking to a cruise injury lawyer. These items can be critical pieces of evidence.

Why “Waiting to See How You Feel” Can Torpedo Your Case

Many people, especially in the “vacation mindset,” are tempted to downplay their injuries, hoping they’ll simply get better. This can be a grave mistake when it comes to a cruise ship injury. First, the cruise line will use that against you to say you were not that hurt or the injury didn’t happen, otherwise you would have gotten treatment immediately.

• Strict Time Limits: Cruise tickets are contracts – it’s lengthy document you agreed to when booking. They contain clauses that drastically shorten the time you have to act, the type of claim you can bring, where you can bring it. While general maritime law might provide a three-year statute of limitations for personal injuries, your cruise ticket likely reduces the timeframe to file a lawsuit to just one year from the date of the incident. Even more pressingly, you often must provide formal written notice of your claim to the cruise line within six months (often 180-185 days). Missing these deadlines means you forfeit your right to compensation, no matter how severe your injury or clear the cruise line’s negligence.
• Cruise Line Tactics: Cruise lines are businesses. Their goal is to minimize payouts. Delaying reporting or seeking legal advice gives them an advantage. They may offer a token gesture, like a discount on a future cruise, hoping you’ll go away quietly. This rarely reflects the true cost of a serious injury.

“The clock starts ticking the moment you’re injured on a cruise,” warns Perkins Law Offices. “These contractual limitations are strictly enforced by courts. Waiting too long is one of the most common reasons legitimate claims are lost.”

Understanding Your Rights as an Injured Cruise Passenger

Despite the idyllic setting, a cruise ship is subject to laws, and cruise lines have specific responsibilities towards their passengers.

The Cruise Line’s Duty of Care

Under maritime law, cruise lines are considered “common carriers.” This means they owe a duty of reasonable care to their passengers to safely get you from one port to another.  This duty encompasses many aspects of the cruise experience:

• Maintaining safe and clear walkways, free from slip and trip hazards.
• Ensuring equipment (like tenders, gym machines, deck chairs, gangways) is in good working order.
• Providing adequate lighting in all passenger areas.
• Hiring and properly training crew members and excursion contractors.
• Protecting passengers from foreseeable harm, including sexual assaults or accidents caused by crew negligence.
• Providing adequate and competent medical care (a nuance a skilled maritime lawyer understands).

If the cruise line (or its employees) breaches this duty of care, and that breach causes your injury, they can be held liable for cruise line negligence. Examples include:

• Slipping on a freshly mopped deck with no “wet floor” sign.
• Tripping over a loose carpet or raised threshold in a poorly lit hallway.
• Food poisoning due to improper food handling in the ship’s galleys with outbreaks. (The CDC notes that gastrointestinal illnesses are among the top reasons passengers seek medical care on ships.)
• Injuries from a malfunctioning automatic doors or elevators.
• Assaults by crew members or, in some cases, other passengers if security was demonstrably negligent.
• Gangway accidents
• Injuries on the cruise line’s private island, like falls, golf cart accidents, water taxi accidents,

The Fine Print- Terms And Conditions In The Cruise Ticket Contract

That ticket you received is more than just a pass to board; it’s a complex legal contract, heavily weighted in the cruise line’s favor. Two particularly important clauses are:

• Time Limits: As discussed, typically one year to sue and six months to provide formal notice of claim.
• Forum Selection Clause: This dictates where you can file a lawsuit. For many major cruise lines (Carnival, Royal Caribbean, Norwegian, Princess, Celebrity, MSC etc.), this clause often specifies the United States District Court for the Southern District in Miami, Florida, as the exclusive jurisdiction, regardless of where you live or where the cruise departed from. This is because many cruise lines are headquartered here. Some of the ticket contracts change the terms depending whether the ship touched a US port or the nationality of the passenger. Different terms apply depending on whether the cruise involved Asia, the European Union, or the US.

These legal clauses are why it’s crucial to consult with a cruise injury lawyer familiar with maritime law and, ideally, one practicing in the jurisdiction specified in your ticket, like Perkins Law Offices in Miami.

Royal Caribbean Cruise Accident Lawyer

Why You Need a Specialized Cruise Injury Lawyer (Like Perkins Law Offices)

You might wonder if what type of personal injury lawyer should handles cruise accidents.  The answer is a lawyer who sues cruise lines and has specific experience as a maritime lawyer or is a cruise ship accident attorney. If you hire a local personal injury lawyer in your home state or country you may be at a significant disadvantage.

Maritime Law

Injuries that occur on navigable waters (like on a cruise ship) are governed by general maritime law (also known as admiralty law). This is a specialized and distinct body of law with its own rules, precedents, and statutes that differ significantly from state-based personal injury laws. For instance, the standards for proving negligence and the types of damages recoverable can vary. A lawyer unfamiliar with these nuances could unknowingly compromise your cruise injury claim.

What a Cruise Ship Accident Attorney Can Do For You

An experienced cruise ship accident attorney from Perkins Law Offices will:

• Immediately Evaluate Your Claim: We can quickly assess the merits of your case, explain your rights under maritime law, and decipher the complexities of your cruise ticket contract.
• Satisfy Notice Requirements: Ensure that proper, timely written notice of your claim is provided to the cruise line, preserving your right to sue.
• Investigate Your Cruise Accident: We know how to gather evidence, which might include requesting CCTV footage from the cruise line (which is often quickly overwritten), interviewing witnesses, and obtaining ship logs or maintenance records.
• Deal with the Cruise Line: We handle all communications with the cruise line’s adjusters and attorneys. They are trained to minimize your claim; we are trained to maximize it.
• Accurately Calculate Your Damages: A cruise injury can result in significant financial and personal losses. We help you document and claim all eligible damages, which can include:
  • Current and future medical expenses.
  • Lost wages and diminished earning capacity.
  • Pain and suffering.
  • Emotional distress.
  • Loss of enjoyment of life.
  • Out-of-pocket expenses related to the injury.
• Navigate Forum Selection Clauses: If your ticket mandates filing in Miami, having a Miami-based cruise injury lawyer like Perkins Law Offices is a distinct advantage. We are familiar with the local federal and state courts and their procedures.
• Negotiate Aggressively: We will negotiate for a fair settlement, but we are always prepared to take your cruise injury lawsuit to trial if the cruise line refuses to offer just compensation for your cruise injury.

When a Lawyer Makes the Difference

Consider these hypothetical but all-too-common situations:

• The Slip and Fall: Maria is enjoying the Lido deck when she slips on spilled drink near the pool, fracturing her wrist. The ship’s report is vague. Once hired, Perkins Law Offices attorney immediately sends a preservation letter demanding CCTV footage be saved. It may show the spill had been there for over an hour with multiple crew members passing by but failing to clean it or place a warning. This evidence of cruise line negligence becomes key to her successful cruise injury claim.
• The Equipment Malfunction: David is using a bathroom that has an automatic opening and closing door. It closes on his finger trapping and crushing it due to malfunction. The cruise line claims he was using it improperly or his hand should not have been there. A maritime lawyer files suit and requests other similar incidents of  previous complaints about that type of door, which the cruise line failed to adequately address. This demonstrates “Notice” or prior knowledge and negligence.
• The Tender Accident: During a transfer to shore on a ship’s tender boat, rough operation by the crew causes passengers to be thrown about. Then the passenger try to disembark and the gangway to the pier is bouncing around, causing the passenger to fall and break their leg. The cruise line might argue it was due to choppy seas (an “act of God”). A skilled cruise injury lawyer would investigate weather conditions, tender maintenance, and crew training to determine if negligence played a role in how the tender was operated given the conditions and the condition of the gangway, like if it had worn out anti-skid tape or was wet.

In each scenario, having a dedicated cruise ship accident attorney to investigate, gather evidence of the cruise injury, and advocate on the victim’s behalf is critical.

Common Misconceptions About Cruise Ship Injuries and Legal Action

Many people hurt on a cruise hesitate to seek legal help for cruise injury due to common misunderstandings:

• “It was just an accident; no one is to blame.” Maritime law doesn’t require malicious intent, only negligence. If the cruise line failed in its duty of reasonable care, and that failure caused your injury, they can be held liable.
• “I signed a waiver for an excursion, so I can’t sue.” While waivers can sometimes be enforced, they are not always ironclad, especially if there was gross negligence or if the waiver’s language is overly broad or against public policy. Always have a lawyer review any waiver you signed.
• “My travel insurance will cover everything.” Travel insurance is helpful for trip cancellations or basic medical expenses up to a certain limit. However, it rarely covers pain and suffering, future lost wages, or the full extent of damages from a serious injury caused by negligence. It’s not a substitute for holding the negligent party accountable.
• “Dealing with the cruise line directly is easier.” Cruise lines have teams dedicated to minimizing claim payouts. They may seem helpful initially, but their objective is to protect their bottom line, not yours. An experienced cruise injury lawyer levels the playing field.

Perkins Law Offices: Your Miami Cruise Lawyer for Cruise Injury Claims

If you’ve been hurt on a cruise and are searching for what to do and need a lawyer, Perkins Law Offices in Miami is here to help. Our firm, led by Alexander J. Perkins, has a strong track record of representing those injured due to the negligence of others, including passengers on major cruise lines. We understand the nuances of maritime law and the tactics cruise lines employ.

Because so many cruise lines designate Miami as the legal venue for disputes, our location and experience in Florida courts are invaluable. We provide compassionate, yet aggressive, representation. We understand you’re not just a case number; you’re someone whose life has been disrupted by an injury that shouldn’t have happened.

Your focus should be on healing. Let our focus be on fighting for your rights and the compensation you deserve. We offer a free consultation to discuss your cruise injury advice and how we can assist you. You pay no fees unless we recover for you.

Frequently Asked Questions (FAQs) – Hurt on Cruise What to Do Lawyer

Here are some common questions we receive at Perkins Law Offices:

Q1: What is the absolute first thing I should do if I’m hurt on a cruise?

A: Seek immediate medical attention onboard the ship. Then, formally report the injury to ship security or guest services and get a copy of the report. Document the scene and your injuries with photos/videos if possible. Data indicates that injuries from slips, trips, or falls account for 12%-18% of medical center visits on cruise ships, highlighting their commonality. Prompt reporting and medical care are crucial first steps.

Q2: How long do I really have to file a claim if I’m injured on a cruise?

A: This is critical: your cruise ticket contract almost certainly shortens the standard legal deadlines. Typically, you must provide formal written notice of your claim to the cruise line within 6 months (often 180-185 days) of the injury, and you usually have only one year from the date of the injury to file a lawsuit. General maritime law allows three years, but courts consistently uphold these contractual limitations. Missing these deadlines means losing your right to compensation.

Q3: Can I sue the cruise line if I get sick from food poisoning?

A: Yes, if the damage from it justifies the cost of litigation. You can potentially sue if you contract food poisoning due to the cruise line’s negligence in food preparation, storage, or handling but we must show that all food eaten was from the ship and nowhere else. Proving this is not easy and requires demonstrating a breach of the duty of care (e.g., unsanitary conditions, improper food temperatures). The CDC reports that gastrointestinal illnesses are among the top 3 most frequently reported diagnoses on cruise ships. If an outbreak affects multiple passengers, it can strengthen the evidence of negligence. Even then there would need to be more than just an upset stomach and ruined cruise to be worth while. Serious complications, like hospitalization or surgery may be needed.

Q4: What kind of compensation can I get for a cruise ship injury?

A: If your cruise injury claim is successful, you may be entitled to compensation for various damages, including: * Past and future medical bills (including rehabilitation, therapy) * Lost wages and loss of future earning capacity * Pain, suffering, and emotional distress * Loss of enjoyment of life * Disfigurement or permanent disability * Travel expenses incurred due to the injury (e.g., returning home early) An experienced cruise injury lawyer will help assess the full value of your claim. We have secured millions of dollars from cruise lines for injuries.

Q5: Why is it so important to hire a lawyer based in Miami for many cruise injury claims? A: Many major cruise lines (Carnival, Princess, Regent, Royal Caribbean, Norwegian, Celebrity Cruises, MSC , Disney, Margaritaville at Sea, Virgin etc.) include “forum selection clauses” in their passenger ticket contracts that legally require any lawsuit to be filed in a specific location, very often the federal or state courts in Florida, as this is where many of their corporate headquarters are located. Miami, Florida is a cruise industry hub. If your case must be filed in Florida or Miami, having a local Miami cruise injury lawyer like those at Perkins Law Offices provides a significant advantage due to familiarity with local court rules, procedures, judges, and opposing counsel.

Q6: What if the cruise line offers me a settlement or a free future cruise right away? A: Be very cautious. Early settlement offers, especially those made without you having legal representation, are often far less than what your claim may actually be worth. They are an attempt to resolve the claim quickly and cheaply. A “free cruise” does not compensate for significant medical bills, lost income, or lasting pain. Always consult with a cruise ship accident attorney before accepting any offer or signing any release.

Don’t Navigate These Waters Alone

The dream cruise vacation can become a life altering for all the wrong reasons. But you don’t have to face the cruise lines and their legal teams by yourself. Get yourself the best cruise injury lawyer for your case that you can find. Perkins Law Offices is the best cruise injury law firm in Miami for your case if you feel comfortable after speaking with us and and wish to proceed with a law firm who will be transparent, straightforward and communicative.

If you or a loved one has been hurt on a cruise and you’re wondering what to do, the most important step after seeking medical care is to seek experienced legal counsel. Contact Perkins Law Offices in Miami today for a free, no-obligation consultation. Let us get you the toward justice and compensation you deserve. Call us or visit our website to learn how we can help you.