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by Guillermo Lemke IV 6 min read

What kind of lawyer do you need for a cruise accident?

Our cruise ship passenger injury attorneys and cruise accident lawyers are licensed to practice in the Southern District of Florida and are members of the admiralty law section of the Federal Bar Association. We are very familiar with the Federal court system which enables us to provide quality representation for our clients.

What happens when cruise ship passengers suffer injuries on land tours?

When cruise ship passengers suffer injuries while on land tours/excursions, the resulting litigations are some of the most complex maritime injury cases. They are unique and complicated as incidents which occur in foreign countries and involve foreign tour operators.

Can a cruise line be held liable for a shore excursion accident?

When a shore excursion incident occurs to a passenger, the cruise line usually rejects blame and attempts to force him/her to seek recovery against the tour operator. However, experienced maritime lawyers can successfully battle such legal deceits, establish jurisdiction over the tour company, prove the cruise line's and tour company's negligence.

How many sex crimes happen on cruise ships?

In the period 2012-2014, a total of 74 rapes on cruise ships and a total of 29 assault crime cases involving serious body injuries were officially reported. Fact is that in only 1 year period (Oct 2007 through Oct 2008), the FBI received from Carnival Cruise Lines alone a total of 93 reports on sex-related crimes on cruise ships.

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What happens if you get hurt on a cruise ship?

Report your accident and make sure it is documented. Most likely, if you've been injured, you will go to the medical office. There, you will fill out an accident report and the investigation will automatically be triggered. If you don't go to the medical office, be sure to visit the Purser's desk.

What is the most common injury on a cruise ship?

Slip-and-fallsSlip-and-falls are the most common cause of serious cruise ship injury. In one study completed by the National Center for Biotechnology Information (NCBI) that was conducted over a three-year time period, nearly 45 percent of all injuries aboard were caused by slips, trips, and/or falls.

How do I sue a Carnival Cruise?

Suing Carnival Cruise LineSUING CARNIVAL CRUISE LINE. AVAILABLE 24/7, CALL US AT 1-866-597-4529. ... TIME IS OF THE ESSENCE. AVAILABLE 24/7, CALL US AT 1-866-597-4529. ... DO YOU HAVE A CLAIM AGAINST CARNIVAL CRUISE LINE? AVAILABLE 24/7, CALL US AT 1-866-597-4529.

Are there lawyers on cruise ships?

The California cruise ship lawyers at the personal injury law firm of Gerson & Schwartz have represented passenger and crewmembers injured in California cruise ship accidents on many occasions.

Can I sue a cruise line?

If you were the victim of a cruise ship accident, excursion accident or even medical negligence, you may be able to sue the cruise line that was responsible.

Can you sue a cruise line for a refund?

Many travelers have resolved their issues with the companies, receiving refunds or other compensation. But others have not and are turning to the law for help. Since March, a number of law firms have filed class-action lawsuits against the airlines and individual lawsuits against the cruise lines.

Can you sue a carnival?

If you've suffered a personal injury while sailing with Carnival and believe that your injury was sustained due to the negligence of the crew, the cruise line or even a fellow passenger, you may have a potential claim and can sue the Carnival Cruise Corporation for damages related to your injuries.

If Royal Caribbean company wants me to sign paperwork after my injury, am I required to do so?

Do not sign any paperwork, with the Royal Caribbean crew, or anyone else, until you are working with an attorney and they are able to advise you on...

What should I do if I am injured on a Royal Caribbean cruise liner and must remain on the ship for a...

It can feel very claustrophobic and overwhelming if you are injured on a cruise ship and do not have a way to get off the ship for a few days until...

Should I accept the settlement offer from Royal Caribbean Cruise Liners?

As with all other steps in the injury claims process after being hurt on a Royal Caribbean cruise, you should not accept any offers or agree to any...

What Is the Statute of Limitations for Filing a Lawsuit Against Royal Caribbean?

Cruise lines have specific ticketing conditions that require injured passengers to take legal action within one year of the injury accident. By com...

Where Do I File My Royal Caribbean Lawsuit?

In addition to limiting the time you have to file a lawsuit, most cruise lines impose restrictions on where you must file. Royal Caribbean, for exa...

What Is the Average Royal Caribbean Lawsuit Settlement Value?

Every injury accident case is unique. The value of your claim will depend on the details of your case. You may be able to recover compensation for...

Can I File a Royal Caribbean Class Action Lawsuit?

Historically, injury victims have joined together successfully to pursue class-action lawsuits against Royal Caribbean and other cruise lines. Toda...

WE FOUGHT ON THEIR BEHALF, HEAR WHAT THEY HAVE TO SAY

I was in pain for a good 6 months, it was just a nightmare…It wasn’t until I got Mr. Brais that I really started getting the help I needed from the doctors. You need somebody you can trust, somebody to give you some guidance. They stuck in there with me the whole way.

Hire an Attorney Who Specializes in Maritime Law

There are all types of attorneys who practice law, but not all attorneys are best suited to handle your maritime injury or cruise ship accident case.

Board Certified Experts in Maritime Law

Keith Brais was the first of a limited number of attorneys to become board certified in maritime law by the Florida Bar in 1996 .

Keith S. Brais

Having graduated with a B.S. degree in Marine Engineering from Massachusetts Maritime Academy, acquired three U.S. Coast Guard licenses and worked on offshore oil drilling platforms for more than seven years, Keith Brais brings an uncommon degree of real world experience to his clients’ personal injury and wrongful death claims.

Eliot T. Brais

Eliot T. Brais is the sole and managing shareholder in his North Attleboro, Massachusetts office. He began his law career in 1988, joining his father, Ronald A. Brais, who had enjoyed a 40 year practice primarily concentrating on estate planning and small business law.

Michelle Y. Gurian

Michelle has concentrated in the area of plaintiffs’ civil trial practice since the beginning of her legal career. Her experience includes land-based and admiralty/maritime personal injury, wrongful death, and class action litigation.

WHY CLIENTS HIRE US

The attorneys within and “of counsel” to our firm have more than 70 years and 100 trials of collective experience trying cases before judges and juries.

How long does it take to get a personal injury claim on a cruise?

Cruise lines have specific ticketing conditions that require injured passengers to take legal action within one year of the injury accident. By comparison, the Florida statute of limitations for personal injury claims is four years. This shortened window makes it essential that you speak with a lawyer right away.

What happens if you lose a loved one on a cruise ship?

If you lost a loved one in a cruise ship-related accident, you may be entitled to recover compensation for funeral expenses, lost income and inheritance, loss of companionship, and other damages. Although a settlement or award won’t bring your loved one back, it will give you peace of mind for the future.

What happened to Royal Caribbean cruise guests?

This decision by Royal Caribbean placed guests in the path of one of the worst storms in history, only to be trapped in Houston hotels for days, at their own expense. Cruise guests were surrounded by floodwaters, stuck in leaking hotels, and gravely concerned over food shortages.

How many ships does Royal Caribbean have?

Known for naming its ships with the phrase “Of the Seas” at the end of each name, Royal Caribbean has close to 30 ships either currently operating or commissioned for construction in the future.

What are the different classes of Royal Caribbean ships?

Royal Caribbean divides its ships into different classes, including the Quantum class, the Oasis Class, the Freedom Class, the Radiance Class, the Voyager Class, the Vision Class, and the Sovereign Class. Ships include: Adventure of the Seas. Allure of the Seas.

How long do you have to file a claim with Royal Caribbean?

More importantly, depending on the small print of your ticketing limitations, you may be required to submit written notice of your claim to Royal Caribbean within six months of the injury.

What happened to the finger on the Liberty of the Seas?

While aboard a Royal Caribbean ship, Liberty of the Seas, our client’s finger was severed in a mechanical door . The ship’s doctor reattached the finger rather than evacuating the victim for immediate treatment. The victim ultimately required amputation due to the ship’s doctor’s negligence.

How much does an attorney charge for a car accident?

It depends on the state of the car accident. For example, in Florida, attorney’s cannot charge more than 33 1/3% of any settlement before a lawsuit. In most car accident cases, the attorney only takes a fee on the personal injury claim. In other words, attorneys rarely charge a fee on a settlement for damage to the car.

How much is a personal injury case worth?

Most personal injury cases are worth under $1 million. If your case settles for an amount above $1 Million, our fees on any amounts above the first $1 Million are reduced according to the maximum amount allowed under the Florida Bar rules.

What does a doctor say about a personal injury?

You usually want your doctor to say that the accident caused or worsened your injury. Of course, this assumes that it really did.

Do you need a permanent injury in Florida?

Florida is one of these states. Sometimes you need a permanent injury to get compensation for pain and suffering. On other occasions you don’t. Your car accident lawyer will know when you need a permanent injury. Second, you need to know when an insurance company is offering you less than the claim is worth.

Is a personal injury attorney ethical?

Hopefully, most personal injury attorneys are ethical. However, some lawyers are simply unaware of the costs for which a personal injury attorney cannot ethically or legally charge. When I was a young attorney, I had a very basic understanding of injury lawyer fees and costs.

How much does a personal injury lawyer get?

In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award. For example, if you receive a settlement offer of $30,000 from the at fault party's insurance company, you will receive $20,000 and your lawyer will receive $10,000.

What is sliding scale in legal?

Many lawyers will draw up a fee agreement in which the contingency fee percentage varies depending on the stage at which the case is resolved. This is often called a "sliding scale.". For example, your lawyer might send a demand letter to the other side fairly early on. If you have a good case, the other side might make a counteroffer, ...

What happens if you fire a lawyer?

If You Fire Your Lawyer Before the Case Is Over. If you switch lawyers or decide to represent yourself, your original lawyer will have a lien for fees and expenses incurred on the case prior to the switch, and may be able to sue both you (the former client) as well as the personal injury defendant for failing to protect and honor ...

Do personal injury lawyers get paid?

This ensures that your lawyer will get paid for his or her services. Many personal injury lawyers only take contingency cases and, therefore, risk not getting paid if they do not receive the settlement check. The lawyer will contact you when he or she receives ...

Do personal injury lawyers charge for expenses?

Most personal injury lawyers will cover case costs and expenses as they come up , and then deduct them from your share of the settlement or court award. It's rare for a personal injury lawyer to charge a client for costs and expenses as they become due.

The Range of Compensation in Personal Injury Cases

Less than a third (30%) of the readers in our survey received nothing for personal injury claims. Of those who did receive a “payout” (an out-of-court settlement or a court award after a trial), the overall average was $52,900. Payouts typically ranged from $3,000 to $75,000, but a few readers received considerably more.

What Affects the Payout Amount?

The vast majority of payouts in personal injury claims are the result of an out-of-court settlement rather than a trial. (Only 4% of our readers with completed cases went to trial.) As most lawyers will tell you, jury verdicts are unpredictable.

Legal Representation in Personal Injury Cases

Hiring a lawyer can significantly affect the outcome of your personal injury claim. Readers with attorneys received settlements or awards that were $60,000 higher, on average, than those who proceeded on their own.

Negotiating Injury Settlement Offers

It may seem obvious that you’ll end up with a higher settlement by negotiating rather than simply accepting the first offer from the other side. This may not be true in every case, but it’s still one of the most effective strategies for getting more money.

Filing or Threatening a Personal Injury Lawsuit

Just over half of our readers settled or otherwise resolved their personal injury claims without filing a lawsuit or even notifying the other side that they were ready to do that. But readers who did take one of those steps were more likely to receive payouts compared to those who didn’t (81% compared to 67%).

Protect Yourself and Your Personal Injury Claim

When it comes to getting the most out of your personal injury claim, our survey results show that there’s no substitute for standing up for your rights and fighting for the best result. For many readers, that meant putting their case in the hands of an attorney rather than leave thousands of dollars on the negotiating table.

How to report a cruise crime?

Victims of cruise crimes/incidents should take the following steps: Immediately report the incident to the ship's security department (in writing). Document who you reported it to, when, who was with you. Obtain a copy of your report. Take photos of the crime scene - if possible, before it changes.

What is shore excursion accident?

Shore excursion accidents and incidents. When cruise ship passengers suffer injuries while on land tours/excursions, the resulting litigations are some of the most complex maritime injury cases. They are unique and complicated as incidents which occur in foreign countries and involve foreign tour operators.

How long can you survive on an overboard cruise?

The surviving rate is nearly 22% (1 in 5). The longest time an overboard cruise passenger managed to survive (found alive and recovered) was 18 hours.

What is a ship grounding accident?

Ship grounding accidents. Ship grounding is a marine accident in which the vessel impacts on the seabed. When the grounding is severe, it applies extreme loads upon the ship's whole structure. In less severe incidents, running aground results in stranding and minor hull damages.

What type of helicopter is used on cruise ships?

During standard missions, the nearest USCG air station dispatches an MH-65 Dolphin helicopter ( twin-engine, single-rotor search and rescue helic opter) to the cruise vessel. The helicopter usually lands on the ship's helipad (Heli Deck) or (on smaller ships) just hovers over its top deck.

What causes a cruise ship to be sick?

Most cruise ship illnesses are the result of norovirus that causes inflammation of the stomach and large intestines as well as regular trips to the “head.”. If you’re wondering how to stay healthy on a cruise with sick passengers, plenty of handwashing (and avoiding ill people) is key.

Which cruise ship has the most sick passengers?

In 2014, the Royal Caribbean’ s Explorer of the Seas cruise from New Jersey to the Caribbean earned the dubious honor of being the ship with more sick passengers than any other boat trip since the Centers for Disease Control and Prevention started keeping statistics more than 20 years ago.

What is the most famous ship wreck?

The Titanic may be the most famous ship disaster, but surprisingly, it’s not even close to being the deadliest wreck that ever occurred on a luxury liner. If you’re trying to dissuade someone from taking a cruise, you should show them this list of maritime misadventures, which is presented in no particular order.

What would have happened if the Titanic had only gone through four lifeboats?

If it had only gone through four, the boat would have reportedly remained afloat. The Titanic’s lifeboats, similar to other systems at the time, were designed to shepherd passengers to nearby rescue ships, not take them to shore.

What were the passengers in the Gustloff?

The passengers included Nazi officers, wounded soldiers, and thousands of civilians, many of whom were children. A Russian submarine saw the Gustloff, which was moving slowly and wasn’t marked as a hospital boat, and shot three torpedoes at it.

What was the deadliest ship in history?

1. MV Wilhelm Gustloff. The deadliest maritime disaster in history wasn’t exactly an accident. The MV Wilhelm Gustloff was built as a cruise ship for Nazi Germany’s state-operated tourism organization, yet later served as a hospital ship for the German Navy and floating barracks. By January 30,1945, the Germans were losing World War II ...

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