If you or a loved one was injured on a cruise ship whether you were a passenger or worker, you have probably considered filing an insurance claim or lawsuit. Filing an insurance claim against a cruise line is a little different than filing a claim against a different kind of company because they are governed by maritime law.
The first place that you should go when you are thinking of filing a claim against a cruise ship is to the office of a maritime lawyer in Miami. Maritime law is complex and you will need a trained professional to help guide you.
What Court will hear my case?
Knowing where to file a case is one of the most confusing things about maritime law. A cruise line will often be registered under a flag of convenience like the Bahamas for tax purposes, but its headquarters will be in the United States. The accident will often take place on international waters. If you were on a cruise ship, your tickets should tell you in which court to file a lawsuit. Make sure also to contact a reliable lawyer like the ones at Aronfeld Trial Lawyers for legal help.
Maritime cases are most often heard in federal district court. However, state courts may hear cases that can be decided by the use of common law.
If you are suing due to an accident on a government vessel, your case would have to be settled in federal district court.
How can crew members file a claim?
If you were the employee of a ship when you were injured, a work site accident attorney will tell you to file a claim under the Jones Act. A competent personal injury lawyer can help you file a claim for the injuries you’ve sustained from an accident that was caused by someone else’s negligence. You will want to report the accident to your supervisor. You should read the accident report very carefully before you sign it. You should also take pictures of the scene if you are able.
As with any other personal injury lawsuit, you will be expected to provide medical records and proof of income that you have lost. You should never allow anyone to record you making a statement about the accident. Make sure that you hire a competent personal injury lawyer who can defend and help you get the compensation you rightfully deserve.
In cases of injury on a ship, international maritime security entails that the boat’s owner is obligated under maritime law to provide compensation for maintenance and cure, which includes covering the costs of room and board during the recovery period.
How long do you Have to file a suit?
It is a good idea to keep a journal of your accident. If you file a case under The Jones Act, you will have 3 years to file a lawsuit if you need to. If you worked on a government-owned ship you will have only two years to file such a suit.
If you were not a crew member but rather a passenger of a ship when you were injured, you can still sue the cruise line. it is important to prove how the crew was negligent or how a vessel was not seaworthy.
As with other personal injury cases, the vast majority of disputes are settled out of court. Finding a trained lawyer is key to winning any Maritime case. They will have the know-how to get you the money you deserve.
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