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What Are Some Frequently Asked Questions About Cruise Ship Accidents? 

Being involved in a cruise ship accident can be traumatizing, stressful, and confusing for any victim. You might find yourself in the midst of not knowing what to do, how to react, who to call, and the steps you should take after any accident on a cruise ship. As compassionate personal injury cruise ship accident attorneys from Percy Martinez Law Firm in Miami, we want to offer some helpful answers to some of the most commonly asked questions among cruise ship accident victims.  Here are the most common questions asked about cruise ship accidents. If there is a question that is not answered here, contacting our skilled team for a free consultation would be a great idea.

Question:  I was injured on a cruise ship, what is my next step?

Answer: The most important thing that needs to be done is making sure that the injured person is fine. There are a number of steps that you should proceed with after you have sustained an injury while on a cruise ship. These are some suggested steps that you should take:

1. 1. Seek medical attention:  You can get help through the cruise ship’s medical facility. All cruise ships typically operate a 24 hours’ medical facility. Some injuries take a few days to manifest themselves. If you fail to seek medical care, your future claim for damages may not be valid in the eyes of jury and judge. 
   2.  Gather witness information: If there was anyone around during the time that you acquired your injury, make sure that you get their information to be able to utilize for future reference when you do file your lawsuit. 
   3. Pictures and video: Make sure to take sufficient pictures and even video of the damages you sustained and the dangerous situation that got you in that predicament. 
   4. Inform the security: Be sure to let the cruise ship security know about the accident. 
   5. Make an accident report: You need to make sure that you make an accident report with the cruise line. This report will serve as evidence for your lawsuit. 
   6. Get in touch with a personal injury maritime attorney: Cruise lines have money and potent attorneys that will stand by their side during any claim that is issued against them. For that reason, you need experienced maritime personal injury lawyers that are just as powerful to combat by your side.

Question: Who needs to be notified about the accident that I endure while on a cruise?

Answer: This is an important step for filing a claim. The victim must file a written accident report with the cruise ship’s appropriate person and ask to obtain a copy of it. Don’t forget this aspect. 

Question: Do I remain on the cruise ship or do I get off the cruise ship after the accident??

Answer: The answer question to this depends on these three questions: (1) What are the doctor’s recommendations? (2) How does the injured person feel? And, (3) how severe are the injuries? The answers to these questions should clarify whether to stay or get off the cruise ship. If they are not so serious, then the injured person can stay aboard until the cruise is over, but if it is serious, then it is better that they get off and seek further medical assistance. Remember, it is the way you feel. If you believe that you need more medical attention than the one that is currently being given to you at their medical facility, then you should request to be taken to a hospital on shore. 

Question:  What are the benefits of hiring a maritime lawyer after the accident?

Answer:  Cruise ship accidents are made up of various factors such as maritime laws, federal laws, and international laws, which for someone who does not know much would not be able to handle a cruise ship accident claim on their own. Cruise ships can get the best investigators and counsel in order to avoid responsibility. Also, there are the statute of limitations for filing the claim, if the victim is unaware, that can ruin their case. A lawyer would be able to easily handle all those issues and be the best bet in recovering for any compensation that you deserve due to your damages.

Question: What is the average time a cruise ship accident claim takes to settle?

Answer: The main focus of any case is never how long it is going to take but striving for the maximum recovery for the victim. No case is ever the same; the time your case may take could depend on numerous elements. Each individual case has different factors that can affect their outcome. It can be in as little as a few days and extend all the way to a year. Personal injury cases, especially maritime ones, are not set in stone. Allowing a lawyer to evaluate your case can erve as a purpose to provide you with an estimate, but not a definite answer. 

Question: Should my lawyer be practicing in Miami?

Answer:  Hiring a lawyer from Miami would be very smart as most cruise line claims require that the victim files their claim in United States Federal Courthouse which is located in Miami. It would be much more of a convenience to have a maritime lawyer right there that can practice law in that area and knows the requirements that are needed to provide you with a successful claim. 

Miami Cruise Ship Accident Attorneys

During a case, more questions will arise than those displayed here and a cruise ship accident counsel can clear any doubt that you may have or any concerns that arise during the lawsuit process. Miami cruise ship accident Lawyers at Percy Martinez Law firm know all the answers to any question involving cruise ship accidents. They are an experienced Law firm located in Miami and have tried many cruise ship accident cases throughout their many years in practice. Get a free consultation by calling them as soon as possible. 

It may come to the surprise to many that cruise ship sex crimes like rapes and sexual assaults happen quite often. Passengers and employees are being victimized during the time when they should be enjoying themselves during their trip. Intentional, wrongful, and criminal acts that a cruise ship employee takes strictly falls upon the cruise line companies shoulders under maritime law. Until recently, cruise ships did not have to report sexual crimes that occurred on their cruise ship, which caused many cases to go unreported. Due to the Cruise Vessel Security Safety Act of 2010, cruise ships must report all crimes that take place aboard a cruise ship, whether it is rape, robbery, assault, and even sexual assault.

Cruise line companies must hold all records of sex crimes, report it to the FBI and DHS, maintain a rape kit on board, provide investigators with video surveillance, among other things. Yet, even with all of these safety measures, sex crimes still remain a major concern amongst cruise ships passengers and employees. Being a victim of a sex crime is something that is never forgotten and even influences the individual’s daily life and relationships. Miami great Cruise ship personal injury lawyers from Percy Martinez Law Firm believe that every passenger, including you, should be free of crime while on board a cruise ship. Cruise line companies have to provide their passengers with a safe environment because they owe you the highest level of care.

Any sex crime that a passenger endures by either another passenger or employee, will be the fault of the cruise line company. The cruise line company will have to pay the damages endured by the victim because of the rape or sexual assault including, but not limited to medical bills, pain and suffering, loss of wages, psychological treatment, therapy, and more. 

Reasons for Sexual Assault and Rape on Cruise Ships

The reason for sex crimes among cruise ships takes various forms. Lack of security being the major component within sex crimes.  You can become a victim of a sexual assault or rape on a cruise ship for the following reasons:

• Not giving their employees an extensive background check
• Not having adequate security on board
• Not watching the security cameras on a constant basis
• Not advising their passengers of precautions to take of known dangers
• Not regularly evaluating their employees to ensure that they have not gotten any arrests
• Lacking knowledge about areas where there have been crimes on excursions

Any of the above factors can play a huge role in cases of rape and sexual assault. Many employees in cruise ships are from foreign countries where the requirements for background checks are not as extensive as they would be in the United States. The cruise line company needs to ensure that they perform their own background checks and have adequate security on board that is trained to handle any situation that may arise.

Protect Yourself!

Going through the traumatic event of a sexual assault or rape and be detrimental for your life, or that of a loved one. It is an experience that no one wanted to go through, let alone remember. Yet, it is a situation that will forever stay with you. Become proactive and learn of ways to protect yourself from becoming victimized on the cruise ship. These are some actions that you could take as a passenger on a cruise ship to ensure your safety:

• Travel in a group: The best way to avoid becoming a victim of any type of crime on a cruise ship is if you go on the cruise accompanies by other individuals that you can trust. Criminals prey on lonely campers. 

 

• Always remain vigilant: One skill that every person should have is to be vigilant of your surroundings. Get accustomed with knowing what is “normal” and what isn’t normal. If you see something weird, or have a strange feeling, then mostly likely, something is going on. 

 

• Research! It is crucial that you become aware of any crimes that may have previously occurred on the specific cruise line you are traveling with. The more information you have, the better you can protect yourself. Also, if your cruise is going on excursions, make sure that you research information about that specific place. A lot of offenders prey on tourists who are unfamiliar with the location.

 

• Do not over consume alcohol: We know that cruise ships have many types of different alcohol beverages available, and after all, you are on vacation. Yet, we highly suggest that you manage your alcohol levels moderately to avoid getting too drunk where you do not know what is going on in your surroundings. Some people take advantage of the fact that you may be under the influence. 

 

Knowing of different ways to shield yourself from dangers is essential when you go on a cruise. You do not want to get raped or sexually assaulted during what should have been a good time during your cruise. Become aware of your surroundings and knowledgeable about other crimes that have occurred. 

Becoming a Victim of a Sex Crime on Board a Cruise Ship

Cruise line companies have a duty of care to all passengers that board their vessels. They must ensure that you safe during the time that you are on the cruise. If the cruise line failed to properly conduct a background check on their employee or lacked security personnel, they can be found liable if a passenger suffers a sex crime during the cruise. Our expert team of cruise line personal injury attorneys in Miami from Percy Martinez Law Firm will hold the negligent cruise line company liable for any sex crime or crimes that you or a loved one becomes a victim of while on a cruise ship. A passenger should be having an enjoyable time during their stay on the cruise ship. 

What’s the Statute of Limitations for a Cruise Ship Accident?

While you may go on a cruise with the sole intent to relax and enjoy your time with loved ones, you may, unfortunately, encounter a situation where you are injured while trying to have a good time. Perhaps you slipped and fell, or you were assaulted by a ship employee or another passenger in your own dorm. However, determining who is liable for the injury may be a little unclear, especially when there are numerous factors associated with cruise ship accidents. It is important that you determine who is at fault since this information is essential for filing a lawsuit or claim for a Miami cruise ship accident against the person or entity responsible for your injury. With the aid of a knowledgeable cruise ship personal injury attorney, you’ll be able to determine who is at fault and hopefully secure a victory for your case, so that you’ll receive the compensation that your merit. Now, because maritime laws are complex, every personal injury case, just like cruise ship accidents, have what is known as a “statute of limitations”. Want to know what the statute of limitations for cruise ship personal injuries is? Continue reading.

Statute of Limitations with Cruise Ship Accidents

According to Wikipedia, “ Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.[1] When the period of time specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be struck out if the defense against that claim is, or includes, that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most crimes that have statutes of limitations are distinguished from serious crimes as these may be brought at any time.[2](para 1.) “
Typically, the statute of limitations, or the time within which a lawsuit must be filed, for negligence claims is four years. However, if you are injured on a cruise ship or during a shore excursion, the statute of limitations is one year, and a lawsuit typically must be filed in federal court in Miami or even California in order for it to be valid. Since one year can go by very fast, it is extremely important to contact a cruise ship Miami expert personal injury attorney from Percy Martinez Law Firm right away preceding any injury that you sustain on the cruise ship which resulted in your damages.

With all of that being said, it is important to read the contractual terms and conditions, as well as maritime laws – an independent body of laws, conventions, and treaties that govern private maritime-related business and other nautical matters – and federal regulations that are associated with the particular cruise and cruise line. Due to all of the complexities associated with maritime personal injury cases, having a lawyer assist you through the process is your best bet.
You can typically locate these regulations, laws, and contractual statements on the back of your cruise ship ticket. It is also important to file your lawsuit within the time indicated on the back of that ticket. If you fail to file the lawsuit within the time frame that has been set in the contract, you might forfeit your chance to receive any compensation for your damages, even though the cruise line may have been clearly negligent.

Finally, you should expect the cruise line to deny liability, even when you are able to sue, so please contact and work with an attorney to build a solid, iron-clad case in order to succeed and receive compensation for your injury.

How Would You Show Liability?

Determining and demonstrating liability during a cruise ship accident case can be difficult, but these are the elements involved:

⦁ Duty of care: There must have been a legal duty of care that the defendant owed towards you. In the case of you being a passenger on a cruise line that was injured, yes, the cruise line has a high-level of care that they owe you. In other words, they have to see that you do not acquire any injuries during your stay on the cruise.

⦁ Breached care: For this element, you have to show how the cruise line breached that care. Meaning that you have to show that negligence existed. For example, let’s say that there was a hazardous object on the gangway that the cruise line should have addressed, yet they didn’t. The simple fact that they didn’t shows that they breached their duty of care towards you.

⦁ Causation: This element refers to the defendant being responsible for the plaintiff’s accident. Due to them not addressing any issue that the gangway had, that suggests that they are the causation of your accident.

⦁ Damages: It is not simply going through an accident. You have to sustain damages during your accident. This means that you have to either sustain ⦁ specific and non-specific damages.
Are these elements present in your accident? If so, you have the ability to pursue a claim for compensation of your damages. Cruise ships owe their passengers a high level of care, if they cause your injury, they will be liable for your damages.

Experienced Maritime Miami Attorneys

If you can show that these elements exist in your accident, then you most likely have a solid case. Get in touch with our professional team of cruise ship accident attorneys in Miami at Percy Martinez Law Firm if you or your loved one has been in any type of accident on a cruise ship. We will explain to you the process and ensure that you meet the requirements and provisions that are tied with personal injury cases on cruise ships. Our experts are awaiting your call to guide you down the right path during your cruise ship accident lawsuit.