Coronavirus and Princess Cruise Lines

Cruise ship injury cases can be very complex because you don’t know where to file the lawsuit. Having an attorney read the fine print of the documentation the cruise ship sent you when you booked will be important for determining the venue in which you are required to file a cruise ship injury accident claim.

You might be able to argue for emotional damages as a result of severe personal injury accidents, including those that happen on cruise lines. Each case is unique and it’s not guaranteed that you will receive compensation in this form, but you’ll want to share how this accident has shaped your life with your injury lawyer so that you can decide whether or not you intend to fight for compensation.

Your personal injury lawyer can help you figure out the expected input from your personal injury expenses, including your medical costs. When you go into court or settlement discussions, the idea is to capture what is anticipated in your future medical expenses as a result of where you’re at right now with treatment. This is why you need an experienced PI lawyer who can help you calculate this number and fight for a fair settlement.

You use maritime laws when dealing with legal issues that arise while at sea, i.e., these laws provide you with guidelines on filing maritime personal injuries lawsuits on land-based courts. Also known as Admiralty law, maritime laws differ from regular state laws in that they cover both domestic and international laws, rules and regulations. This grants maritime laws far greater jurisdiction than regular state laws. Furthermore, federal maritime law allows you to sue more than one party in a personal injury lawsuit, a provision not found in regular state laws.

No. While it is possible to enforce a fixed time frame for filing personal injury cases on land, it is impractical to implement these fixed statutes for injuries that occur at sea. Sea voyages often vary in their duration which can introduce delays in filing injury lawsuits at ports with proper judicial jurisdiction. Consequently, maritime statutes of limitations range between 1 to 3 years unlike the 4 years stipulated in regular state law. Time frames can even exceed 4 years, as observed with medical malpractice cases which remain valid for up to 5 years from the injury.

Cruise ship tickets contain clauses that define the extent of liability of the cruise provider. These clauses define

● What you can or can’t bring along as personal luggage

● Cash limits for lost or damaged personal items

● Limited liability for any harm to your person while engaging in on-shore activities

● Right of the carrier to cancel, alter or substitute scheduled activities during the cruise

● Refund policy if the provider cancels the cruise

● Judicial jurisdiction where you should file a lawsuit if you encounter issues during your cruise

Yes. Being in Florida or not does not hinder you from suing a cruise ship company for negligence that resulted in personal harm. However, your ability to do so is determined by the statute of limitations that apply to your personal injury case. Luckily, you can file a personal injury lawsuit within up to 3 years after the occurrence of the negligent act. Furthermore, you can only sue the cruise ship company in the judicial jurisdiction stipulated on the ticket you used while boarding.

Class action lawsuits typically have a single plaintiff representing other individuals affected similarly by an act of negligence. Once the plaintiff wins a class-action lawsuit, the defendant is compelled by law to create a settlement fund whose task is to compensate every person involved in the case. Each person represented in the class action lawsuit then receives an equal share of the total settlement money paid by the defendant. However, payment only occurs after eligible individuals present themselves before the body managing the settlement fund.

Admiralty law, which is synonymous to maritime law, refers to laws governing legal issues aboard seafaring vessels, i.e., cruise ships, yacht, freight tankers, etc. These laws encompass aspects of both domestic land-based laws and private international maritime law. Admiralty law outlines the statute of limitations for land-based litigation proceedings, i.e., procedures for filing personal injury lawsuits in land-based courts. This law differs from regular law in that it offers a judicial jurisdiction that encompasses all ports of call for seafaring vessels.

Cruise ships that ignore orders not to sail are responsible for the spread of COVID-19. They’re also negligent for not providing onboard passengers adequate fresh air or exercise. Passengers with previous medical conditions that go untreated would contribute to COVID-19 vulnerability. Many factors could cause the cruise ship to be responsible for a COVID-19 diagnosis. We recommend talking to a lawyer if you tested positive after being on a cruise ship.

One major challenge you may face in a claim against a cruise ship is knowing where to file a lawsuit. Cruise ships operate internationally and are often registered in different countries. Some cruises require suits against them to be filed in a particular court that might be in a foreign country to yours. To understand the cruise’s liability towards you and where to file if you’re entitled to compensation, contact an appropriate lawyer.

One of the essential pieces of documentation you’ll need is your cruise line ticket. It shows the extent of liability that the cruise provider has towards you. To win against the cruise ship in a COVID-19 lawsuit, you’ll need proof of negligence in handling the situation. Other evidence you can provide is that you had a pre-existing medical condition and it wasn’t attended to while on the cruise.

To file any case against a cruise line, you may have to travel out of state. The company usually has a base in the same place as its port. If you claim from anywhere else, it’ll most likely lead to a failure before any procedure can start. Some companies may dock in one state but only accept filings in another. Make sure you know where the cruise line’s base is before filing.

Forum selection clauses determine how and where a contract disagreement will be resolved. In personal injury cases, where the employer and employee disagree, the clause can restrict proceedings to arbitration or mediation. This is usually done to avoid a lengthy lawsuit or determine what court will hear the case. If there is no dispute to your claim, then everything should proceed as usual.

The Framework for Conditional Sailing Order applies to anybody operating or looking to operate a cruise ship in United States waters, and to anybody operating a cruise ship outside U.S. waters if the cruise ship operator intends for the ship to return to operating in U.S. waters while the Order is still in effect. The Framework for Conditional Sailing Order defines a cruise ship as any commercial passenger ship that can carry over 250 passengers and where an overnight stay onboard is expected.

CDC has already expressed its commitment to help any cruise ship keep its crew members safe and healthy while onboard and upon disembarkation. The agency has also made it clear that the process for crew disembarkation during the Framework for Conditional Sailing Order will be the same as that of the No Sail Order.

Chief among them is the added burden on hospitals across the United States to cope with the pandemic. The priority is not only to provide treatment for those sick with the coronavirus but also ensure that healthcare workers remain safe while working on the front lines. Moreover, there is the issue of financial viability for hospitals. Some that operate on tighter budgets will likely see their financial capabilities stretched to the limit while dealing with COVID-19.

Certain conditions must be met for Medicare to cover a cruise ship claim. On the other hand, Medicare doesn’t cover the health care services you get when the ship is more than 6 hours away from a U.S. port.

Depending on its coverage, some insurance will cover medical bills from a cruise ship. If they do, they will cover emergency evacuations and can help you reimburse your costly medical bills.

The framework for conditional sailing order aims to prevent the further introduction, transmission, and spread of COVID-19 into and throughout the United States through cruise ships and maintain the safety of shipping and harbor conditions.

After the settlement, you should not expect long enough before the check arrives. Most insurers want to close out case files as soon as possible, so they usually send the check within a week or two after you sign the settlement agreement. There are instances when the insurer will send the check immediately even if they haven’t received their copy of the agreement, but there are also insurers who wait for their copy before releasing the check.

No. It is best if you let a reviewer examine the release before signing it. A release basically is a document that confirms that you release all of your legal claims against a defendant and their insurer. That is why you should always make sure that your lawyer has given the go-signal before signing it.

Filing a personal injury claim during this pandemic is almost the same as when there was no pandemic. The only difference now is that you will have to follow Covid-19 protocols when you file a claim.