Can You File a Lawsuit Against Norwegian Cruises if You Were Injured on a Ship?
Norwegian Cruise Line is one of the biggest cruise companies in the world. Its ships offer tours in Alaska, the Caribbean, Hawaii, and other places worldwide. Passengers on these cruises are owed a certain level of care and respect, and when the cruise ship staff and crew fail to provide this care, people can be seriously hurt.
Should this happen, victims may respond by filing lawsuits based on negligence. To prove liability, our lawyers must show that the cruise line owed you a duty of care and breached it, whether because of a crew member’s negligence, a serious safety violation, or a lack of adequate security. Maritime law governs these cases, and our lawyers can help victims navigate all aspects of their lawsuits, including filing in the appropriate jurisdiction, negotiating settlements, or proving negligence in court.
For a free evaluation of your case from our cruise ship injury lawyers, call Rivkind Margulies & Rivkind, P.A. today at (305) 204-5369.
When Can You Sue for Injuries Sustained on a Norwegian Cruise Line Cruise?
Most injury lawsuits are brought based on “negligence.” Rather than suing for intentional bad actions, most injury victims allege that a responsible party had some responsibility to keep a victim safe but failed to. This means alleging that the defendant used improper skill or care to keep the victim safe, leading to injuries.
Injuries Due to Negligence
This often means holding the staff and crew responsible for mistakes that caused your injuries on a cruise ship. Some of the most common examples of negligence involve everyday mistakes and issues that happen to occur on a cruise ship. For example, negligent kitchen staff could contaminate food and cause a food poisoning outbreak. Negligent maintenance and upkeep could lead to broken hand railings, steps, or even slippery floors that injure passengers.
Failing to provide lifeguards at swimming pools and water slides could result in drowning or other injuries on these rides. Bartenders and servers who overserve patrons or fail to speak up could be responsible for a passenger who was assaulted while intoxicated or fell overboard because of their intoxication.
Safety and security staff could be responsible for failing to intervene in disagreements or violent situations on board or for failing to prevent non-passengers from entering the ship while docked at a port.
If the boat or other vehicle is caught in a storm, the crew responsible for excursions and off-ship entertainment could be held responsible for failing to cancel trips because of inclement weather.
Injuries Due to Intentional Acts
While passengers are often hurt during preventable accidents, they could also be injured by other passengers or crew and staff on the ship. The cruise line may be liable for issues they should have prevented through repairs or maintenance, but they can also be responsible for issues of intentional violence caused by other passengers or crew. For crew members, the cruise ship could be responsible for failing to train or screen their staff properly or for errors crew members committed while on duty. The cruise ship could be liable for assaults by other passengers because of negligent security aboard the ship.
Unfortunately, physical and sexual assaults are relatively common causes of injuries on cruise ships, and victims may seek compensatory damages for any medical expenses or psychological trauma associated with such events. Though the individual assailant may have injured you, the cruise ship company could be liable for failing to provide adequate security to prevent the assault from happening.
Because each claim is different, talk to our cruise ship accident lawyers so that we can examine the specific facts of your case to help determine how the ship owners and operators were responsible and how to go about suing Norwegian Cruise Lines or another cruise company for your injuries.
How to Handle an Accident on a Norwegian Cruise Ship
Depending on the severity of the incident, it could be challenging to remain calm, but try your best to do so. For all accidents other than falls overboard, which victims may be unable to report themselves, immediately involve the appropriate crew members. Cruises typically have protocols to address various accidents, and if they ask you to file any reports, ask for copies so we have records.
The cruise ship should have adequate medical facilities to treat most injuries. Still, you might have to be evacuated and taken to a hospital for especially traumatic injuries so that you can get the appropriate level of care. When we eventually file your claim, we will seek compensation for any costs associated with the accident, including onboard medical care and treatment upon your return home. At that point, you should continue your medical care and get your injuries confirmed by other physicians.
Because cruises are mandated to have surveillance systems for passenger security, our cruise ship injury lawyers may be able to obtain footage of the accident before it is deleted. Other photographic evidence, like pictures taken at the scene, is also useful. Do your best to take photos of the area, especially if you were injured because of a hazard. Identifying eyewitnesses after the fact could be difficult, so try to speak with witnesses at the scene and request their contact information. If you cannot do this, our lawyers can review surveillance footage and use other tactics to identify witnesses whose testimony may help prove liability in your case.
Timeline of Lawsuits for Injuries and Accidents on Norwegian Cruise Ships
When you take a cruise line to court for injuries, the process ahead may be long and daunting. Our experienced maritime injury attorneys have decades of experience handling maritime injury lawsuits against cruise companies and getting our clients the compensation they need for serious injuries. We can explain the process and help you understand what you are in for and what compensation you might get from a potential lawsuit.
Filing Your Complaint
The actual process of filing a lawsuit against a cruise ship and the cruise line that operates it starts with filing your case in court. A maritime injury case, like a cruise ship injury claim, is often filed in a maritime court where the ship’s home port is located. For example, Norwegian Cruise Line is headquartered in Miami, so that is likely where we must file your complaint. It is also important to note that because cruise ship injury claims are governed by maritime law, victims are often held to a shorter filing deadline, typically one year. Because of this, promptly initiating compensation claims is crucial, as missing it could bar victims from recovery.
Discovery
Lawsuits usually start with basic allegations of the facts and an explanation of why the cruise line is responsible. These are often challenged with legal arguments before the case moves to “discovery.” During this step, each side might hold depositions to question witnesses and collect evidence to build the case. After this, the case may proceed to settlement negotiations or a trial. Our attorneys will present your claim at trial and call witnesses to prove your case to a jury.
Settlement Negotiations
Cruise lines may want to keep injury claims out of court to limit the publicity, and this may benefit victims when seeking compensation via settlements. Our lawyers can explain which damages you need to be covered and leverage evidence connecting the defendant’s negligence to your injuries. For example, falls onto lower decks because of faulty guardrails might lead to expensive, traumatic brain injuries, fractures, and other injuries, and our lawyers can remind the cruise ship company of its negligence with proof of inadequate railings, like photos from the scene.
Initial settlements may be low, so do not be surprised by a poor first offer. Our cruise ship injury lawyers will respond with counteroffers, negotiate higher settlements, or, if necessary, take claims to court.
The Trial
To get compensation from a jury, you must prove that the at-fault party breached the duty they owed you and that that breach caused you damages the court can order compensation for. Typically, compensation in a cruise ship injury case involves financial compensation for medical bills you suffered because of the accident, lost wages the injury cost you, and pain and suffering damages.
Proving some of these damages is simple enough through financial records like medical bills and pay stubs. However, proving future lost wages and reduced earning capacity may require financial experts to calculate the damages and testify as to how much you are owed. Proving pain and suffering damages is also complex because there are no financial records of these damages. Our attorneys can help calculate these damages and provide the necessary experts to prove your damages to a jury.
One potential benefit of going to court rather than settling is if punitive damages are possible. Cruise ship companies that commit acts of gross negligence meaning they showed a reckless disregard for passenger safety, may be made to pay punitive damages in addition to compensatory damages. Juries award punitive damages to punish defendants and deter others from engaging in similar behavior. These damages are only available in court when a defendant’s negligence goes beyond ordinary negligence.
Call Our Maritime Injury Attorneys for Injuries on a Norwegian Cruise
For a free case assessment from our cruise ship injury lawyers, call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369.
