Is There a Damage Cap on Cruise Ship Injuries?
When your damages from a cruise ship injury are substantial, you might worry that compensation caps could limit your recovery and leave certain losses uncovered.
Fortunately for victims, there typically aren’t caps on damages in cruise ship injury cases. Victims’ recoveries should match the damages they incurred, which our lawyers can track and prove on victims’ behalves. Economic damages aren’t capped, nor are non-economic or punitive damages, which could lead to larger recoveries if victims go to court. Damages aren’t available indefinitely following accidents on cruises, and not filing your case within a year could block you from getting compensation. Our lawyers can heed the statute of limitations for your lawsuit and send a notice of a claim if necessary, so there are no roadblocks to you getting the damages you’re due.
Call (305) 204-5369 for a free and confidential case assessment from Rivkind Margulies & Rivkind’s cruise ship injury attorneys.
Are Damages Capped in Cruise Ship Injury Cases?
U.S. maritime law doesn’t cap damages for cruise ship injury cases, meaning your compensation will be directly based on the losses you have incurred and can prove in court.
Any cruise ship that makes port in the United States is subject to maritime law, so this is what will dictate the course your case takes. There are no federal maritime caps on economic or non-economic damages for injury lawsuits, which typically benefits victims rather than negligent cruise lines.
Economic damages include expenses like medical bills and lost wages, while non-economic damages attempt to cover victims’ physical pain and mental suffering from the ordeal.
In addition to no caps on compensatory damages, punitive damages are not limited either. Punitive damages exist to punish defendants who show gross negligence when injuring victims. In cruise line injury cases, gross negligence could take many forms. For example, knowingly keeping a crew member on staff who has previously assaulted passengers could constitute gross negligence if the crew member went on to assault another victim. Physical and sexual assaults are some of the most common causes of injuries on cruise ships, in addition to slips, trips, and falls. We can assess the at-fault party’s conduct to determine if it reaches the level of gross negligence to prepare you for your potential recovery of punitive damages.
There being no caps on damages for cruise ship injury lawsuits does not guarantee victims’ fair recoveries. Our attorneys can gather and preserve evidence capable of meeting the standard of proof so that we can show liability for your many losses.
Proving Damages from a Cruise Ship Injury So You Can Recover Them
Because damages for cruise ship injuries aren’t capped, you can recover full compensation for all financial and intangible damages, provided we submit sufficient proof that you incurred them.
Victims must present proof of their damages in all cruise ship accident and injury claims. Proof of economic damages often includes medical bills, income statements, and invoices or records of other out-of-pocket expenses. We can consider smaller ways the accident may have affected you, such as needing transportation accommodations after returning home so you can get to and from doctor appointments. The cost of cutting your trip short and leaving the cruise to get medical care should also be covered.
While we are preparing your case, do not stop getting medical care for your injuries despite its possibly high cost. This could lead to gaps in your medical records that complicate matters, so avoid this by getting continuous treatment from physicians.
The fact that non-economic damages aren’t capped either can increase victims’ recoveries substantially. Non-economic damages try to compensate injured passengers for their physical pain and mental suffering. This can include the emotional distress associated with the accident and the challenges they have experienced during their physical recoveries. Quantifying subjective non-economic damages is a tall task, but our lawyers can assess your losses appropriately by considering your age at the time of injury, the circumstance of the accident, and the type of injury you sustained. We can support relief requests for non-economic damages with mental health expert witness statements after having them evaluate you and your pain and suffering.
Your personal testimony explaining the accident’s effect on your life could be especially compelling if your case goes to trial. Our lawyers can prepare you to give testimony if necessary, as doing so could let you better express your intangible losses from the cruise ship accident.
Are Compensatory Damages Available Indefinitely After Cruise Ship Accidents?
Compensatory damages are not available indefinitely after accidents on cruises. Maritime law restricts how long victims have to file lawsuits, and cruise lines generally complicate matters by stipulating passengers give notice before they do so.
Damages for cruise ship injuries are only available for one year after accidents, in general. Having our lawyers review your case as soon as possible is crucial so we can read your passenger ticket. The ticket could contain a requirement to send a notice of a claim six months after your injury and before you file your lawsuit in court. We can make sure to meet this requirement before filing your official injury complaint in the appropriate court, as the venue will likely also be stipulated in the passenger ticket.
Filing lawsuits on time has its challenges, especially with the shorter restrictions that apply to cruise ship injury claims. The sooner victims contact our cruise ship injury attorneys, the better, as this will give us time to prepare and write complaints without having to rush the process. Waiting to contact our lawyers could lead to issues preserving and obtaining evidence, which could make it harder to prove liability for your damages.
Call Our Cruise Ship Injury Lawyers About Your Accident Claim Today
Call (305) 204-5369 to have Rivkind Margulies & Rivkind’s boat injury attorneys review your case for free.
