Miami- Hialeah
- (305) 261-7000
- HABLAMOS:
Español
MiamiHialeah Español
When we decide to go on a cruise, we never expect that this trip would turn into a nightmare and much less that our health would be compromised. Unfortunately, accidents also happen on cruise ships, often due to a lack of measures or oversight by the cruise company, its staff, or other passengers. If you, a family member, or a close friend has been injured while on one of these tourist vessels, we recommend that you contact a Miami cruise injury attorney immediately.
At Gallardo Law Firm, you can find the best legal advice to build your case and demand the compensation you deserve based on the economic, emotional, and physical damage you suffered. Our professionals know every aspect of the law and its application in this city, known as the cruise ship capital of the world.
Personal injury cases aboard one of these ships are extremely complex. First, because the statute of limitations is only one year from the date of the accident, and second, because, as it says on the back of the boarding ticket (also known as a passage contract), lawsuits must be filed in federal court in Florida, if the cruise line is registered here.
However, beyond the difficulties of a legal process, you deserve justice after being injured on a cruise ship. Among the most frequent claims are slips and falls accidents, as well as illnesses due to food poising, unsanitary situations or negligence of crew members.
The Cruise Lines International Association (CLIA) has said that the probability of being involved in a major accident on a cruise ship is low, which does not mean that they do not occur. In fact, in the ticket mentioned above, large cruise companies, such as Carnival or Royal Caribbean, include a section detailing that passengers assume certain risks inherent to a voyage on open seas.
The frequency of injuries is also influenced by the number of passengers in a port as important as PortMiami. Statistics show that in 2024, more than 8 million people passed through this city on their way to a trip on these luxury tourist ships.
At Gallardo Law Firm, our legal representation options are not limited to cruise accident victims but also cover the crew members if their injuries were the result of the negligent action of their superiors or problems in the construction and safety measures of the vessel.
In most cruise ship accidents, the Maritime Act provides jurisdiction for most of the legal lawsuits, and proof of negligence by either crew or operating company is needed. This regulation also establishes that passengers may be entitled to compensation for hospital expenses, pain and suffering, and loss of income.
It also states that although the term to file a lawsuit is one year, it is necessary to give notice of intent to sue after the first six months following the incident. When speaking of irresponsible behavior on the part of the large companies, it refers to the lack of reasonable measures to guarantee the safety of the people on board including maintenance, personnel training, and the placement of warning signs about certain dangers stand out.
Other regulations that apply are the Death at Sea Act when a passenger death occurs more than three nautical miles from the coast. This directive allows the immediate family members of the victim to seek economic compensation for the financial problems they are enduring after the passing of their loved one. It does not, however, put value on the psychological stress and suffering caused by the accident.
The ticket contract as well, which generally dictates the trip's legal conditions, the jurisdiction of the different cases, and the specific deadlines for filing lawsuits. It also determines the limits of liability between the companies that own the cruise ships and their clients.
During your stay on one of these cruises, you have the right to feel safe and receive compensation if the cruise line does not meet those safety conditions. In addition to this, the possibilities of immediate attention are limited, especially if the ship is on open sea, far from a safe port.
At Gallardo, we can help you build a solid strategy that considers the specific details of your situation and allows you to obtain the maximum possible compensation. Our team is bilingual, ensuring there are no communication barriers, and we can successfully assist you in both English and Spanish.
Without the guidance of an experienced cruise ship injury attorney, it becomes much harder to achieve justice or secure fair compensation. Cruise lines often impose strict rules about where and how claims must be filed, typically requiring legal actions to take place in courts near their own areas of influence.
These large firms deploy all their power to try to reduce their liability for possible accidents, so they establish confusing clauses about the compensation you may be entitled to if you were injured as a result of negligent actions on the part of the crew during your trip.
Another strategy often employed by these cruise lines is the use of independent contractor health services to avoid being blamed if a medical malpractice claim is filed. Likewise, they often fail to inform their clients of all the risks associated with the attractions on board the ship and the shore excursions included in their package tours.
If you have been injured on board a cruise ship, it is vital that you know what your rights are and how best to proceed to ensure that they are fully respected. Seeking the advice of a Gallardo Law Firm attorney experienced in these processes can tip the scales in your favor. Legally, you are entitled to
If a crew member is injured during one of the voyages, they also have legal rights, although these are different from those that apply to passenger accident cases. If the victim works on a U.S.-flag ship, they are covered by the Jones Act, which allows them to sue the company they are employed with if their injuries occurred while performing their duties.
In these cases, cruise lines are found at fault if they do not guarantee the crew member a safe working environment and may have to pay financial compensation to cover their worker's basic needs, such as medical expenses and lost earnings during the recovery process.
However, it is important for the crewmembers to seek legal advice, especially since there is a clause in their employment contracts that obliges them to resolve disputes through arbitration outside of court.
Our attorneys have profound legal knowledge in personal injury cases, including those occurring during a cruise ship cruise, particularly those that must be filed in federal court. Among the most common are:
Injuries aboard a cruise ship can be dangerous, among other factors, because of the considerable time that may be spent in the open ocean, limited access to health care, and being far from ports where injured passengers or crew members can receive more extensive treatment. These are combined factors that contribute to the sad incidence of wrongful death, where the victim's family, post-incident, may be entitled to file a claim and seek an economic settlement for the financial damages of such a tragedy.
The legal framework involved in such accidents is known as the Death on the High Seas Act and deals with deaths that occurred more than three nautical miles off the shoreline. This statute, devised in 1920, does not take into account emotional and psychological damages, hence minimizing its applicability to the maximum extent for covering the relatives of the dead.
Compensation includes expenses related to burial and funerals, loss of future income, and financial benefits that the victim would have provided. It also allows only immediate family members, such as children, spouses, or parents, to bring the claim.
The severity of your injuries should determine the way forward after the accident. However, we suggest several general steps that may influence the subsequent success of your case and the recovery process itself:
The statute of limitations for these cases is very strict. Outlined in the ticket contract, it specifies that the cruise line must be informed of the accident within six months after the fact to preserve the right to file suit and that the time limit for filing an official claim is one year from the date the injuries occurred.
Every cruise ship injury case is different because, in addition to the specific circumstances, the possible jurisdictions change, the regulations that come into play, and the damages received, so the type and form of compensation changes as well.
The overall success of your case and your chances of obtaining compensation high enough to help you with the costs of your medical treatments, lost wages during the time it took to recover, and the extent of physical and spiritual pain caused by your injuries depends mainly on having lawyers like those at our firm on your side.
We work with the speed required by the deadlines of these lawsuits and gather, in the shortest amount of time, a considerable body of material evidence and witness statements to support the story you present. Our purpose is to help you get through this challenging stage of your life with the maximum financial stability possible.
We do this by making every effort to negotiate with the major cruise lines and the powerful insurers behind them so that they understand the value of your arguments and assume the corresponding responsibility to compensate you. If this stage of talks is unsuccessful, we will aggressively represent you in court and make sure that your rights are put in the central place they deserve.