What Is the Statute of Limitations for a Cruise Ship Accident Injury in Florida?

Typically, claims need to be filed in the state/location indicated on the back of the ticket. Usually, the passenger’s cruise ticket informs in its fine print that claims and lawsuits for bodily injury must be brought within one year of the accident in the US District Court for the Southern District of Florida, in Miami-Dade County, Florida. For example, if you were injured on August 1, 2020, you must file a Florida cruise ship accident claim by August 1, 2021.

Millions of passengers travel on pleasure cruises each year. There are different types of protocols, safety policies, and procedures in place 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 to this day a common mistake that cruise accident victims try to file their cases on 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: the ticket or contract signed with the cruise line states not only the location where a claim may be filed but also the time by which the cruise line needs to be informed about injuries and the intent to file a claim.

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 in order to provide an ample amount of 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 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 usually six months of the date of the incident. This can also be called a “statement of particulars”.

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. Call our Miami based office today.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.