what type of lawyer do you get to sue a cruise line

Full Answer

Where can I get a free cruise ship lawyer in Miami?

Contact us in Miami today at (305) 371-8000 for a free consultation. We serve clients from around the country and are located in Miami, Florida which is where many cruise ships begin their journey. Who Files a Cruise Ship Lawsuit & Where?

Can you sue a cruise ship for injuries or sexual assault?

You, the passenger, are required to file suit for an injury suffered on a cruise, or a cruise ship assault or sexual assault that happened while onboard against the cruise line where the ticket says you have to.

Where do I file a lawsuit against Crystal Cruises?

This luxury cruise line is headquartered in Los Angeles and offers all-inclusive packages for river, ocean, and expedition trips. Lawsuits for injury aboard one of the Crystal, Ltd. boats must be filed in the United States District Court for the Central District of California in Los Angeles ( Terms and Conditions)

Where do I file a lawsuit if my ship touches a port?

If the ship touched a US port, a lawsuit must be filed in the United States District Court for the Central District of California (Los Angeles, California) Viking Ocean Cruises and Viking River Cruises maintain the following ships:

Can I sue Carnival Cruise Lines?

Cruise ship employees are no longer able to file suit in the United States. Most of these cases were being filed in Florida because that's where the ships would stay in port when not in use. However, employees must now apply for international arbitration. Only cruise passengers can file suit.

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 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.

Who has jurisdiction over cruise lines?

The Federal Maritime Commission (FMC) requires operators of passenger vessels carrying 50 or more passengers from a U.S. port to be financially capable of reimbursing their customers if a cruise is cancelled.

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 ship?

It depends on the cruise ship and the provisions contained in your passenger ticket. Although there is a three year statute of limitation for most maritime negligence cases, most of the major cruise lines, and many of the smaller ones, require passengers to file suit within one year of the date of their injury.

Can I take cruise line to small claims court?

Your user agreement with the cruise line will probably contain language that prohibits you from engaging in most lawsuits against the company but the one thing you can do is small claims court.

Do cruise lines have to refund your money?

If a cruise is canceled by the cruise line, passengers are entitled to a full refund or credit for a future cruise. If a guest cancels due to a public emergency, a positive COVID-19 test or exposure, they are entitled to a refund or cruise credit.

Why is my cruise refund taking so long?

Credit Card Timelines Most cruisers will see a series of charges returned to their credit cards, rather than a single lump sum. "Cruise refunds have taken so long to disburse because of the thousands and thousands of transactions a day, compared to maybe a hundred a day before," Foster said.

How do you file a complaint against a cruise line?

The easiest way, according to Jennifer Gartlan, deputy director of CADRS, is to send a fax (202-275-0059) or email (complaints@fmc.gov) explaining the nature of the complaint, how you hope to be compensated (e.g. a specific dollar amount or free cruise), cruise details and names of everyone involved.

What law governs cruise ships?

The Jones Act has a portion of the law that specifically covers cruise ships and their passengers. This law, the Passenger Vessel Services Act or PVSA, applies to ships carrying passengers, versus ships carrying cargo. Learn more about the Jones Act Law/PVSA and how it applies to cruise ships in the U.S.

Who prosecutes crimes on cruise ships?

the Federal Bureau of InvestigationWho is responsible for investigating the crime? According to the State Attorney's office and federal court, section 7 of title 18 of the US code states that the Federal Bureau of Investigation will be responsible for investigations of crimes onboard cruise ships.

How much is the Carnival Cruise Lines class action lawsuit?

The attorney for the class action lawsuit, Philip Charvat, created a Settlement Fund of $7,000,000 to $12,500,000. This means the Carnival Cruise class action lawsuit payout would be paid to all qualifying claimants. Each telemarketing phone call made by Resort Marketing Group (on behalf of Carnival Corporation) would pay a maximum of $300 per call. You could file a claim of up to three calls per telephone number to give you a maximum payout of $900.

Should I read a cruise agreement before signing?

If you are planning on taking a cruise, carefully read over any agreement before you sign. A cruise line will make sure they protect themselves, so it is important to know what your options are if you were to sustain an injury during a cruise.

Is Carnival a class action?

Carnival Corporation is not the only cruise line that has faced a class-action lawsuit. In 2015, American Cruise Lines was hit with a class-action lawsuit for failing to pay its stewards minimum wage and overtime pay. The class-action lawsuit covered the time period between May 21, 2012, to January 9, 2016.

Is Carnival Cruise Lines a class action?

In addition to criminal and civil lawsuits, Carnival Cruise Lines has also faced class-action lawsuits. In 2012, the Carnival Corporation was involved in a class-action lawsuit for making prerecorded telemarketing phone calls offering a free cruise with the Carnival Corporation. These pre-recorded telemarketing phone calls violated the TCPA (Telephone Consumer Protection Act).

Choose Us to Fight NCL For You

At the Flanagan & Bodenheimer Personal Injury & Wrongful Death Law Firm, we have handled many cases against NCL. We are aware of several common problems on NCL’s ships from the defective materials used on the pool decks to the quality of the medical care provided onboard.

When to Sue NCL

NCL’s ticket contract requires that it be provided with written notice of your claim “with full particulars” within 185 days of your incident. Courts have enforced this provision.

Who Is Liable?

NCL has the legal duty to maintain safe ships for passengers. Ship-related hazards or negligent employees are often the cruise line’s responsibility. Going up against a cruise company like Norwegian, however, isn’t always easy. Norwegian expends significant resources to fight passenger injury claims.

Why You Need a Lawyer to Sue NCL Cruise Ships

A cruise ship injury lawyer can help you fight back against a cruise company’s negligence. NCL will often claim that it is “not liable” for your accident and will only offer minimal compensation to resolve your case. NCL often attempts to take advantage of passengers who are unrepresented by lawyers by encouraging unfair settlements.

How long can you sue a minor for sexual assault on a cruise?

This time limit of up to 3 years would apply to a case of sexual assault of a minor child. If someone sexually assaulted a minor child on a cruise, the time for bringing a claim may not now be gone even though most cruise ships have not sailed with passengers in over a year.

Who can help if you have been assaulted on a cruise ship?

If you or someone you know has been injured or was assaulted by a cruise line employee or another passenger while on a cruise ship, our Maritime attorneys at Hickey Law Firm can help. Contact us in Miami today at (305) 371-8000 for a free consultation.

How long does a cruise ticket last?

The time limit in the cruise passenger ticket is almost always 1 year.

How long can a minor be on a cruise line?

The statute says that if a minor child or someone who is incompetent is injured, or for the family of someone who dies from the negligence of the cruise line, the time limit is extended up to 3 years.

How long do you have to file a claim against a cruise line?

But for injuries to certain people or for a death, the time limit can be up to 3 years. There is a Federal statute which applies to this.

Where to file assault claims on Carnival Cruise Lines?

Cruise ship accident and assault claims on Carnival Cruise Lines must be filed in The United States District Court for the Southern District of Florida in Miami-Dade County. Carnival is one of the most popular cruise lines, and you’ve likely seen the commercials that promise a relaxing, fun vacation for the whole family. However, accidents onboard such as head injury, slip and falls, broken bones, back injury, loss of limb, sexual assault, assault, and other injuries occur on all cruise lines. Carnival also owns other cruise ships including Costa, Princess, Seabourn, Cunard, and Holland America Line.

Where to file a cruise ship accident claim in Florida?

Cruise ship accident claims for Bahama Paradise Cruises must be filed in The United States District Court for the Southern District of Florida in Broward County. According to the cruise ticket contract, the timeline for filing a personal injury lawsuit or sexual assault/assault claim is similar to ones listed above.

Consider Whether Your Claim Qualifies for Small Claims Court

For starters, think about whether your claim will qualify for small claims court in the first place. Small claims courts always have maximum dollar amounts for claims that can be brought forward. Double-check with your state, as the range is usually between $2500 and $10,000.

Send Your Demands in a Letter

On the other hand, if you do find that you can bring a small claims court forward, it’s time to spell out your demands. This is important because you are legally required to ask the organization you are suing to solve the problem before the claim is pressed.

Complete Your Court Forms

If Carnival doesn’t acquiesce to your requests, you can fill out the paperwork necessary to press a small claims court lawsuit.

File Your Forms

After this, go ahead and file your court forms with the small claims court in question. This will usually require you to show up during specific hours and days to hand over the forms physically. However, some places may allow you to email or fax the forms over. Be prepared to pay a small fee to complete your claim process.

Attend Your Court Date

Lastly, just be sure to show up on your court date after filing your forms and serving Carnival. Double-check that you know which courthouse you need to go to and be sure to have a copy of all your forms and other evidence to back up your case against Carnival.

What Kind of Lawyer Do I Need to Sue a Contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000.

Common Reasons to Sue a Contractor

Every case is unique. Still, some motivations are more common than others, especially where contract work is concerned. This is because most contractual law involves the same assumed rights and responsibilities.

Do I Really Need a Lawyer?

Yes. It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

What Kind of Lawyer Do I Need to Sue a Contractor?

The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

Can you sue a lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.

James Donald Garrett

I don't know of any lawsuit for failing to make an arrest. You could hire a criminal lawyer who could interface with the police and find out what the problem is and put pressure on them if necessary to do their job. You nay also be misinterpreting what the police are telling you. More

David Ian Schoen

Are you holding something back from the police? Crime victims compensation form - Oregon Department of Justice: In the aftermath of a crime, the Oregon Crime Victim's Compensation Program works to ease the financial burden suffered by victims and their family members...

James Regan

Some evidence of the crime would typically be needed before an arrest is made. Try to locate any possible witnesses.

Christian K. Lassen II

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Michael R Crosner

You cannot sue the police department for not investigating a crime against you. Private citizens have no right to legally compel the police to investigate anything. However, if you could determine who it was that attacked you, you could sue them for the costs incurred as a result of your injuries. If the police won't tell you who that...