What is the statute of limitations for a cruise ship accident injury in Florida?

Millions of passengers travel on pleasure cruises each year. There are different types of protocols, safety policies, and procedures to protect this vast number of passengers. Still, different types of incidents can occur aboard the ships, such as:

• Various types of injuries
• Assaults
• Violent illnesses

Typically, claims need to be filed in the state/location indicated on the back of the ticket, in the venue chosen by the cruise ship company.

Unfortunately, it is a common mistake that cruise accident victims try to file their cases at the location of the incident or at their home residence. Crucial information about the time frame within which passengers can file a valid claim is handed to them from the first moment, through the ticket or contract signed with the cruise line, which states:

• The location where a claim may be filed.
• The manner in which a claim must be filed – based on the terms and conditions.
• The time by which the cruise line needs to be informed about injuries and the intent to file a claim.

Evaluating your cruise ship accident case

Cruise ship accidents need to be thoroughly documented in order to help maximize the chance of a successful injury claim:

• Photograph the scene of the accident.
• Seek immediate medical attention after informing crew members.
• Request a copy of your medical records.
• Record the names of witnesses.

Usually, the statutes of limitations are established to provide ample time to investigate matters and file the appropriate type of claim. However, upon signing the contract, most cruise ship lines restrict the period in which the passenger can sue them. This leads to the shortening of the statute of limitations from four years, the typical time frame to file a Florida accident or injury claim, to a period of one year from the date of the sustained accident.

Some cruise lines go as far as to require a notice of the personal injury claim within six months of the date of the incident. This can also be called a “statement of particulars.”

Exceptions and Unique Cases: Though the statute of limitations is generally set at one year, certain special situations and legal exceptions may extend or alter this period.

• Exceptions for Minors and Those with Mental Impairments: In cases where the injured person is a minor or mentally incapacitated, the legal timeframe for filing a claim may be extended until the minor turns 18 or the individual’s mental capacity is restored.
• Jurisdictional Considerations in Legal Claims: Jurisdictional complexities can sometimes alter the statute of limitations. For instance, if a claim is filed in a location other than the one specified in the passenger contract, the time limits may be dictated by that jurisdiction’s laws.
• Extension Due to Fraud or Concealment: When a cruise line engages in fraudulent activity or hides key facts about an injury, the statute of limitations may be prolonged. However, proving such claims is often complex and requires compelling evidence.

Getting legal representation from an experienced lawyer is crucial for obtaining the compensation you deserve while focusing on your recovery. The attorney will help you understand your options while:

• Investigating your case, assisted by reconstructionists.
• Interviewing crew members and other passengers.
• Determining the negligence of the ship operating company.
• Negotiating with the defense to get you adequate compensation.

A cruise ship accident settlement can ensure compensation for:

• Medical and hospital expenses
• Lost wages and reduced future income
• Pain and suffering
• Permanent or long-term disability

If you suffered a cruise injury in the Miami area, it is recommended to contact cruise injury lawyer Sean M. Cleary and determine together when to act and what legal course to take.