Cowen Edwards, PLLC helps people that have been injured on cruise ships in Fort Lauderdale. There’s a lot of questions that come up in these situations, and while every claim has its own unique path, many of our clients wonder if they’ll end up in court. The answer depends on a lot of different factors, but our team will be there to help you through it all. Set up a free consultation with us today to learn more about your options.
Will My Cruise Ship Injury Claim End Up in Court?
You have enough to worry about when you’re injured on a cruise without worrying about how your actual claim will play out. While going to court is certainly an option, most can wrap up well before that outside of court. However, it’s still important to understand how things work. You generally have two options for filing a claim once you’re injured:
- Filing an insurance claim out of court – The process typically begins with an insurance claim filed against the cruise line’s liability insurance company outside of court. This claim gives you a chance to present your evidence, tell your side of the story, and request financial support for your injuries and losses.
- Filing a lawsuit – Like any other injury claim, if the insurance company won’t cooperate or tries to lowball you, you can move forward with a lawsuit in civil court. Our team represents you from start to finish and handles all the paperwork, hearings, and other things you’ll need.
The primary goal of this claim is to recover what’s legally referred to as “damages.” These damages are meant to cover the full impact the accident has had on your life, including:
- Medical bills (both immediate and long-term)
- Lost wages or income if you had to miss work
- Costs to repair or replace damaged property (like a phone or luggage)
- Pain and suffering caused by the injury
- Emotional distress or trauma
- Loss of companionship or quality of life
- Wrongful death-related expenses (in fatal cases)
Whether you’re filing an insurance claim or taking your case to court, time is critical. Cruise ship injury claims in Florida are subject to a statute of limitations—currently two years from the date of your injury. However, many cruise lines include shorter notice and filing deadlines in the fine print of your ticket. Some require you to notify them within just a few months of the incident.
Why Would I Need to Go to Court?
Filing a claim doesn’t always mean you’ll have to go to court. In fact, many cruise ship cases are resolved through out-of-court settlements, especially when the evidence is strong and negotiations are handled by experienced legal counsel.
That said, it often comes down to how the cruise line’s insurance company approaches the situation. You might end up in court if they:
- Offer an unfair settlement
- Try to use statements or evidence against you.
A lawsuit gives you the chance to present your case in front of a judge or jury, backed by documentation, witness testimony, and other supporting evidence. Lawsuits are generally more time-intensive and formal than claims, but they’re also a great way to get fuller financial support if the cruise line refuses to take responsibility for what happened.
What Kinds of Accidents Can Happen to Me on a Cruise Ship?
Trying to figure out whether or not you’ll end up in court after getting hurt on a cruise can be difficult, but one marker is what actually happened. Unfortunately, though, a lot of things can go wrong on one of these trips:
- Slipping on wet decks – Slipping near the pool, at the buffet, or on a wet floor with no warning signs is common. If the area wasn’t cleaned or marked properly, the cruise line may be at fault.
- Falls from poor maintenance – If you fell on stairs or near a balcony because a handrail was loose or missing, and the crew ignored it, that could be grounds for a lawsuit.
- Trip and falls – Tripping over bad flooring might seem small—but if you were seriously hurt and the cruise failed to fix it, that’s negligence.
- Getting hurt during shore activities – If you were injured on an activity the cruise promoted–like a snorkeling trip or zipline–and it wasn’t properly managed, the cruise line may still be responsible.
- Getting sick – Food poisoning or illness from dirty water can ruin a trip. If the cruise didn’t follow safety rules, you may have a case.
- Sexual assaults or other criminal acts – If you were assaulted by a crew member or another passenger, and the cruise line failed to provide proper security, you may need to go to court to hold them accountable.
- Elevator or escalator accidents – If one of these malfunctions and causes injury, the cruise or maintenance company might be liable–especially if the issue was preventable.
- Drowning or near-drowning – Even if no lifeguard was present, the cruise line still has a duty to keep the area safe. If they didn’t act quickly or ignored dangerous conditions, you may have a claim.
- Falling objects – Getting struck by something like a light fixture or shelf item is usually a sign of poor maintenance–and the cruise may be held responsible.
If any of these happened to you–and the cruise line won’t take responsibility or pay what’s fair–you may need to go to court to get the financial support you’re going to need to get better. That’s where our team at Cowen Edwards can step in and support you. Reach out today for a free consultation and to learn more about your next steps.
