Costa Cruise Ship Injury & Accident Attorney
Cruise passengers are entitled to a certain level of safety and security on a cruise ship. While it is extremely rare for a cruise ship to sink and cause catastrophic injuries and loss, injuries from fires, illness, and everyday dangers on the ship are quite common, as are injuries from assault or crime committed by other passengers or cruise ship staff and crewmembers.
Generally, cruise ship companies are liable for injuries and damages victims suffer on board, even if they happen due to a crew member or other passenger’s negligent or intentional act. Filing lawsuits against Costa Cruises can be complicated because of jurisdictional issues and the shorter statute of limitations for maritime injury claims. In addition to ironing out these matters, our lawyers can also accurately calculate your losses from an onboard accident and injury so that you know what you deserve from an out-of-court settlement or potential jury award.
Call our Costa Cruise ship injury and accident attorneys today at (305) 204-5369 for a free case analysis from Rivkind Margulies & Rivkind.
Why You Can Sue for Injuries Sustained on a Costa Cruise Ship
The staff and crew on a cruise ship and the cruise line that owns and operates the ship must follow certain duties they owe their passengers, with the duty to provide proper security and safety aboard the ship being chief among these. When cruise ships allow dangerous conditions to cause accidents, foodborne illnesses to spread among passengers, and dangerous passengers or staff to commit assault and sexual assault on their ship, passengers are often entitled to sue the cruise ship for their injuries.
Injuries Due to Negligence
In many cases, it is clear how the ship’s crew would be responsible for passengers’ injuries. For instance, cases of slip and falls or other injuries brought about by dangerous conditions on the ship are the crew’s fault because they are responsible for maintenance and upkeep to keep the ship safe. Other injuries are also clearly the ship crew’s fault, such as injuries involving food poisoning or norovirus, injuries from negligent supervision in a pool or water slide on the ship, and overboard or drowning injuries from loose handrails.
Injuries Due to Recklessness or Intentional Acts
The cruise ship and cruise line can also be held liable for other mistakes their staff made that led to your injuries. For example, if you were overserved at a bar on the ship and suffered injuries because of a falling accident due to extreme intoxication, the ship could be liable for those injuries. Similarly, it is up to the ship’s crew and staff to provide adequate security on board. If you are the victim of a crime committed by another passenger or a member of the ship’s staff or crew, you could be entitled to sue the ship for failing to prevent the injury. This is common in cases of assault, sexual assault, or other crimes committed aboard a cruise ship. Failure to ensure non-passengers do not enter the ship when docked at ports along routes could also make Costa Cruises liable for intentional injuries.
How to Sue for Injuries on a Costa Cruise Ship
Although Costa Cruises is an Italian company headquartered in Genoa, it is a subsidiary of Carnival Corporation (Carnival Cruise Line), headquartered in Miami. In many cases, Americans injured on Costa Cruise ships who keep their port in the U.S. may be able to file their cases in the United States under U.S. maritime law. Our cruise ship injury attorneys will promptly analyze your case, determine whether you can sue in the U.S. for your injuries, and fight to get you the compensation available under U.S. law.
In maritime injury cases, plaintiffs typically sue the cruise ship company, such as Costa Cruises, as the defendant. This might surprise victims, particularly if the crew and staff committed negligent acts or omissions aboard the ship that injured passengers. Still, the cruise company can usually be held liable for its employees’ errors or intentional acts.
Cruise ships might include stipulations in passenger tickets that create roadblocks to recovering compensation, such as requiring victims to send a notice of a claim before officially filing a lawsuit in court. Our Costa Cruise ship injury and accident attorneys can quickly read your ticket, determine if you signed any liability waivers, and prepare your lawsuit to file before the typical one-year deadline for cruise ship injury claims runs out.
Examples of Evidence Used in Costa Cruise Ship Injury and Accident Claims
Gathering the appropriate evidence necessary to meet the standard of proof in cruise ship injury claims is challenging, and our attorneys can focus on preserving evidence at risk of getting lost, degraded, or possibly destroyed.
Onboard Surveillance Footage
Passenger safety aboard cruise ships is a general concern due to the relatively common occurrence of assaults on ships, falls overboard, and passenger disappearances. The increase in sexual assaults, theft, and other crimes on cruises lead to cruise ships needing onboard surveillance systems in place to deter such acts under the Cruise Vessel Security and Safety Act. Depending on where your injury or accident took place, there may be clear video footage showing it happening that could greatly strengthen your case. Our primary goal at the beginning of your claim will be to obtain video footage from onboard security cameras, and our Costa Cruise ship injury and accident attorneys may have to subpoena the court quickly to ensure it is not deleted.
Eyewitness Statements from Passengers or Crew Members
Cruises are heavily populated, and other passengers or crew members might witness accidents. When this happens, it is important to get their contact information immediately. While our lawyers may be able to identify witnesses after reviewing security camera footage, reading cruise ship incident reports, and using other investigation tactics, we can typically schedule interviews quickly when victims can obtain witnesses’ information at the scene. In addition to interviewing fellow passengers who witnessed you being injured, we may obtain statements from cruise ship staff who were also present at the time.
All Relevant Medical Records
Victims’ medical records from after cruise ship accidents outline their exact injuries and required treatment. Obtaining and organizing these records can be challenging for cruise ship accident victims, particularly since this information might come from different hospitals and providers. Victims might receive care from onboard medical staff, be medically evacuated from the ship to a foreign hospital, and have to continue their treatment with specialists upon their return home. We can contact all providers you have sought treatment from, compile all relevant medical records, and keep this information organized in preparation for settlement negotiations or a possible trial.
Damages for Injuries and Accidents on a Costa Cruise Ship
If you or a loved one was severely injured on a cruise ship, you could face substantial damages. In most injury cases, you can claim damages for medical bills, lost wages, and pain and suffering related to the accident. In cases involving the death of a loved one, these damages may include additional harm the victim’s surviving family faced because of their untimely death.
Damages for Personal Injuries
Damages for medical expenses can be claimed in an injury lawsuit. These damages should cover the full cost of treatment and recovery, including onboard care, medivac to a hospital on shore, surgeries, rehabilitation, and physical therapy you receive upon your return home. Suppose the care you received was sub-par at a foreign hospital or delays in medical evacuation caused the injuries to worsen. In that case, the ship might also have to cover these damages.
If you missed work because of your injuries, you could be entitled to claim damages for lost income and earning capacity. These damages can be paid to cover lost wages during your recovery, ongoing lost wages, and reduced earning capacity caused by permanent or long-term injuries.
Pain and suffering is a broad term to cover an injury’s physical pain and discomfort and the mental and emotional suffering victims experience after sustaining serious injuries. These damages might not be visible, and it may be difficult to show the jury paperwork or documentation proving them, but you can still claim compensation for intangible losses in court. To facilitate your recovery, we may urge you to keep a journal to document your daily pain and suffering or confide in mental health professionals who can offer expert testimony during a possible trial.
Damages for Wrongful Deaths
If a loved one was killed on a Costa Cruise, you and your family might suffer substantial damages, both economic and non-economic. In terms of financial damages, survivors may face the cost of lost wages, lost household services, funeral expenses, and burial expenses. Regarding non-economic damages, survivors may recover compensation for lost companionship, loss of consortium, and other harms they face from a loved one’s wrongful death due to negligence on a cruise ship.
Damages for Gross Negligence
When a liable party’s conduct exceeds ordinary negligence and a victim is hurt through gross negligence or intentional misconduct, the court may order them to pay punitive damages. This is somewhat common in cruise ship accident lawsuits, as courts may want to deter other cruise lines from engaging in similar egregious manners. When preparing your case and determining whether punitive damages are possible, we will review the cause of your injuries and the defendant’s conduct. For example, when crew members intentionally assault passengers, and their employers do not respond appropriately, fail to background check them, or otherwise disregard passengers’ safety, the court may award victims punitive damages.
Call Our Cruise Ship Injury Lawyers for Help with Your Claim Now
Call (305) 204-5369 for a free case review from Rivkind Margulies & Rivkind’s Costa Cruise ship injury and accident attorneys.
