How to File a Wrongful Death Lawsuit Against a Cruise Ship Line

Cruise ship wrongful death lawsuits are often governed by maritime law, which requires you to take specific steps and navigate a unique process that differs from most wrongful death cases. You will want an attorney on your side who is familiar with how to file a wrongful death lawsuit against a cruise line and can protect your rights throughout this legal process.

Hiring a Florida cruise ship wrongful death lawyer could be a beneficial step in suing a cruise line. They will determine the statute of limitations, legal options, and possible damages you can recover. They will also manage your case from start to finish.

What Steps Will an Attorney Take Immediately to Help Me Understand My Case?

When you hire a lawyer to manage your wrongful death claim against a cruise ship line, one of the first things they will do is review the cruise ticket contract. This is found on the back of your loved one’s ticket or in the online agreement accepted when the tickets were purchased.

This “small print” may seem like a formality when purchasing a ticket, but it plays a key role in legal cases against the cruise ship company. It contains important terms and conditions, such as:

• Forum Selection Clause: This dictates where you will file the lawsuit. Many cruise lines require that your lawsuit must be filed in Florida, following Florida laws.
• Time Limits for Filing: The cruise line may require a notice of claim within a few weeks or months of the incident and set a short statute of limitations for filing. This is one reason why you must act as quickly as possible. 
• Liability Disclaimers: Some cruise companies may attempt to limit their responsibility for certain types of accidents or injuries, although these are generally invalid when negligence occurs.

Depending on the cruise ticket contract and other factors, several sets of laws could apply in these cases. This includes the Death on the High Seas Act (DOHSA), Florida’s wrongful death laws, or both.

Your Cruise Ship Wrongful Death Lawyer Will Build a Convincing Case for a Payout

Before your Florida cruise ship accident lawyer files a lawsuit, they will investigate what happened to determine how the cruise line caused or failed to prevent your loved one’s death.

Some common ways a cruise line or ship’s staff can act negligently and cause serious injuries or death include:

• Medical negligence, including improper treatment or failure to provide prompt medical care
• Accidents, such as slips, falls, drownings, or falling overboard
• Criminal acts, including assaults and negligent security
• Defective equipment

Depending on the circumstances of the death, your attorney will gather and analyze a lot of evidence to document what happened and the role the cruise line played. Evidence in these cases could include:

• Incident reports, including the cruise ship’s official incident or accident report
• Medical records from the onboard medical staff if they provided care for your loved one
• Statements from passengers or crew members who witnessed the incident
• Any photographs or video footage of the incident or relevant areas
• Logs of ship operations that may show negligent practices or failure to follow safety protocols
• Expert opinions from those familiar with the cruise industry, medical experts, or others
• Documentation of expenses and losses your family experienced

Your Attorney Will File the Wrongful Death Lawsuit Within the Given Time Limits

The ticket contract for most cruises requires you to submit a formal notice of claim before suing the cruise line. This notice informs the company that you intend to pursue compensation from them. The deadline to submit this notice is often only a few months after the incident. Failing to file this notice on time could result in the loss of your right to sue.

Your Florida personal injury lawyer will manage this process, draft the notice, and file it according to the instructions as long as they are aware of your case in time to do so.

Once you file this notice, the cruise line will begin its own investigation. This process could lead to a settlement offer, or you may need to sue them and prepare to take the case to trial.

Filing the Lawsuit and Meeting all Deadlines

Florida sets the deadline for filing wrongful death lawsuits under Florida Statutes § 95.11. However, the ticket contract often provides a timeline that is significantly shorter than the state’s statute of limitations. Under maritime law, you might only have one year from the date of death to sue.

Your attorney will determine the timeframe that applies in your case and ensure that they file the lawsuit on time and in the correct jurisdiction.

Possible Damages in a Wrongful Death Lawsuit Against a Cruise Ship Line

The damages recoverable in a wrongful death lawsuit against a cruise ship line will depend on the specific types of expenses and losses your family incurs because of your loved one’s death. Some common examples include:

• Lost income and potential future earnings
• Loss of services usually performed by the victim
• Non-economic damages, such as loss of companionship, pain and suffering, and emotional distress experienced by surviving family members
• Final medical bills
• Funeral expenses and burial costs

Your attorney will assess the potential settlement range of your claim and ensure you do not settle for less than your family deserves.

Recovering the Wrongful Death Compensation: Settlement Negotiations or Trial

Cruise lines often settle wrongful death claims out of court to save money, reduce how long the case takes, and avoid media attention. If the cruise line makes a settlement offer, your attorney will provide you with the necessary information to decide whether you want to accept.

Sometimes, families must take their case to trial. In court, a judge or jury will decide the outcome. Your attorney will represent you throughout this process. A third way many cases are resolved is through arbitration, which is required by some ticket contracts.

Talk to Our Team of Cruise Ship Wrongful Death Lawyers About Your Case

A cruise ship wrongful death attorney can manage your legal case and pursue compensation based on your loved one’s death. However, you must act quickly. Contact our team at Chalik & Chalik Injury Lawyers today for a free consultation.