Oceania Cruise Ship Injury Lawyer
When physically, financially, and emotionally affected by a cruise ship’s negligence, injured passengers may seek compensatory damages.
Cruises and crew members who breach the duty of care they owe passengers can be sued and held liable for accidents, injuries, and damages. Compensable damages include any medical costs associated with rescuing, evacuating, or treating a passenger, and victims may get compensation for lost wages incurred because of an accident. Your claim’s total value is based on economic and non-economic damages, so we will also quantify your pain and suffering and fight for your recovery of intangible damages during settlement negotiations. These negotiations can result in fair settlements for victims, though compensation may also be available when victims take their claims to court, and juries hold defendants liable.
Call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 for a free case assessment from our Oceania cruise ship injury lawyers.
Can Passengers Sue Oceania Cruises for Onboard Injuries?
Cruise ship companies, including Oceania Cruises, owe a duty of care to passengers. This duty includes ensuring safe environments for passengers, promptly addressing hazards on deck, having the appropriate security measures in place, and checking that crew members have the necessary qualifications.
Passengers may sue cruise ship companies for breaching that duty of care and causing their injuries and damages. Identifying the breach of duty is important, as this will be the foundation for your negligence claim. For example, when passengers fall overboard, it could be because of insufficient guardrails, hazards on deck, or because a crew member overserved a passenger, resulting in their extreme intoxication. While cruise ship companies can be liable for egregious safety violations, like unsecured deck railings, they can also be liable for the individual negligent actions of their crew in certain situations. This is because of vicarious liability, which makes employers responsible for their employees’ actions while working.
Including Oceania Cruises in an accident claim for an injury caused by a negligent crew member could maximize your financial recovery, and our attorneys can make you aware of processes specific to maritime claims, like the one-year statute of limitations and that you might have to file your claim in the jurisdiction where Oceania Cruises is headquartered, which is in Miami. Getting compensation from a large company like a cruise ship may be a more involved process than seeking damages in other personal injury claims, and our attorneys can help victims in these situations take the appropriate steps to do so.
Compensable Damages in Oceania Cruise Ship Injury Claims
For especially traumatic accidents, like falls overboard or onto lower decks, victims might have to be medically evacuated from the cruise ship to a nearby hospital for urgent treatment. These costs should be compensated in your claim, and the cruise ship company should also handle any costs associated with search and rescue missions if a passenger falls overboard.
If you sought medical care onboard the cruise ship, we can help you obtain records from physicians aboard the vessel. These records can help confirm your immediate injuries and show the link between the cruise ship company’s negligence and your damages.
Any other necessary medical treatments you receive upon your return home are also compensable, as are anticipated future damages for the care you will need even after your claim ends. Non-fatal falls overboard or onto lower decks could result in traumatic brain injuries or paralyzing spinal cord injuries that warrant long-term intensive medical care. Assaults due to negligent security could have similar results, depending on the circumstances.
Suppose you have to take more time away from work than you originally anticipated for your cruise vacation because of an accident during your trip. In that case, our Oceania cruise ship injury lawyers can estimate your missed income based on tax returns and other information from your employer, like paychecks.
Getting seriously injured while on a cruise ship vacation while you are far from home can be traumatizing, presenting the opportunity for victims to recover non-economic damages from negligent cruises. These damages are subjective compared to economic damages, which can be proven through incurred bills, so our lawyers may convince juries they are necessary by presenting personal statements from victims and statements from mental health experts.
Anticipating the Course of Your Oceania Cruise Ship Injury Claim
Settling your case does not necessarily mean you must make concessions or accept a smaller recovery, and our attorneys can prepare for negotiations by identifying evidence to leverage and accurately calculating your total losses.
Knowing your claim’s true value before filing is important so that you do not automatically accept the first settlement offer, which may be low. This is typically the case, so do not be surprised or offended by a poor initial offer. This is just a starting point; we can continue negotiating and countering offers with supporting evidence of negligence.
The standard of proof in civil cruise ship injury claims is lower than victims might expect. Instead of proving it is beyond a reasonable doubt a defendant is liable, plaintiffs must prove it is more likely than not the defendant is liable. This standard is still difficult to meet and requires evidence, such as witness statements, surveillance footage, photographs, and medical records, so do not underestimate the importance of preparing a case capable of proving fault in court.
Just because many cruise ship accident and injury claims settle out of court does not mean you must take this route. Though discussing potential settlements is important, defendants might intentionally extend discussions or be non-communicative to frustrate victims and delay their recoveries. We can address such tactics during settlement talks, such as taking lawsuits to trial for victims to get the damages they deserve.
Call Our Lawyers for Help with Your Cruise Ship Injury Claim
Call (305) 204-5369 for a free case review from the Oceania cruise ship injury lawyers of Rivkind Margulies & Rivkind, P.A. today.
