Dealing with Cruise Ship Injuries The plaintiff's attorney will have their work cut out when they are trying to make a claim for injuries suffered on a cruise line.
Instead of the tort principles the courts normally go to the cruise ticket system.
The state of New Jersey has sought to address the issues that arise when there is a possibility of cruise ship liability but many states have just left the law to develop on its own.
The principle that has been used in these cases is that the cruise ticket will create a binding contract between the guest and the career or their representatives.
The terms of the ticket will generally govern the progress of the dispute.
This can cause problems if the dispute is held up by the lack of implied terms in the contract.
That is when the lawyers will have a field day trying to work out the right course of action for these cases.
First of all you will need to file a notice of claim.
This should be written in most cases in order to remove the possibility of ambiguity in the way that the case is dealt with.
You might have a period of 185 days in order to complete the process.
Some people required a thirty day maximum of notice after the cruise has completed its journey.
That is why it is imperative that the customers read their tickets carefully.
There is a lot of information that is contained in those tickets which might prove crucial at a later stage.
You have to check out the jurisdiction that will be handling the case and this might be put onto the terms that accompany the ticket.
Florida is a favored designation for these sorts of cases.
If there is any way that you can settle out of court then it might save the costs.
In any case the litigant has to be clear about their objectives when making a claim.
They cannot just stab in the dark and hope that something will come out of it.
The courts want to see whether you are injured and the level of compensation that they can reasonably award in view of that injury.
They also need evidence that you bought the ticket and that you traveled.
The plaintiff lawyer will need to gather all the documentary evidence as well as expert witnesses if that is what is required.
Sometimes that cruise might make an offer to settle out of court.
It is imperative that the lawyers are involved in any such agreements because they will have a fair idea of what is reasonable.
They will also understand the implications if they are unable to meet the requirements of the full litigation suite.
The cruise line may want to avoid the publicity so they could offer an amount that is above that which is contemplated by the court.
They might also state that it does not mean that they accept liability.
You need to consider the offer carefully before proceeding.