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35+ Years of Success for Clients
Gaining a successful result and recovering the appropriate compensation for your injuries requires the help of skilled attorneys. It’s our job to represent you against the big cruise lines while you focus on getting better. We want to hear about your accident. Don’t hesitate – please call us today for a free case review.
Successful Case Results
Our lawyers are absolutely determined to get you the compensation you deserve for your injuries. Over the past 35 years, we’ve achieved numerous, positive settlements and verdicts after cruise ship accidents for the benefit our clients.
$2M
Medical Negligence Claim – Norwegian Cruise Line
$5.5M
Head Injury – Stairway Accident on Cruise Ship to Teen Boy
$2.4M
Severe Injuries – Stair Railing Accident on Cruise Ship
$1.2M
Herniated Disk – Result of Serious Fall on a Cruise Ship
For example, a passenger who suffers a broken wrist and makes a relatively quick recovery may have a very different claim from someone who suffers a traumatic brain injury, permanent disability, or an injury requiring multiple surgeries and years of medical treatment.
Several factors can influence the amount of compensation available in a cruise ship injury case.
The severity of the injury is one of the most important considerations. Serious injuries that require extensive treatment or result in permanent limitations may involve substantially greater damages than temporary injuries.
Medical treatment and prognosis are also important. Medical records, diagnostic testing, treatment recommendations, and physician opinions can help establish the nature of the injury and whether additional treatment may be necessary.
Lost income and earning capacity may be significant when an injury prevents someone from working or affects their ability to perform the same job in the future.
Pain, suffering, and loss of enjoyment of life may also be part of a claim. An injury can affect a person’s ability to participate in activities, travel, work, exercise, or spend time with family.
Finally, liability and evidence can have a substantial effect on the value of a claim. A serious injury does not automatically establish that a cruise line is legally responsible. The evidence must support the claim that the cruise line or another responsible party was negligent or otherwise legally liable.
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An experienced cruise ship attorney cannot guarantee that a claim will be successful or promise a particular settlement amount. What experience can provide is a better understanding of how to properly manage the legal process and the issues that commonly arise in cruise injury cases. Cruise injury claims can involve maritime law, passenger ticket contracts, short deadlines, forum-selection provisions, evidence controlled by the cruise line, and sophisticated defense counsel.
One of the unusual aspects of cruise ship injury litigation is that the lawsuit may need to be filed somewhere other than where the passenger lives or where the cruise departed.
Many major cruise lines use passenger ticket contracts containing forum-selection provisions that designate Miami and the U.S. District Court for the Southern District of Florida as the location for certain passenger injury lawsuits.
For example, Norwegian Cruise Line’s current guest ticket contract provides that injury, illness, and death claims arising from cruises that embark, disembark, or call at a U.S. port must generally be filed in the U.S. District Court for the Southern District of Florida in Miami, subject to the terms of the contract and applicable jurisdictional requirements.
Courts have also enforced similar forum-selection provisions involving Carnival and Royal Caribbean. In Carnival Corporation v. Garcia, the Florida Third District Court of Appeal addressed Carnival’s provision requiring certain passenger lawsuits to be filed in the Southern District of Florida in Miami. A federal court likewise transferred a Royal Caribbean passenger injury case to the Southern District of Florida based on the cruise ticket’s forum-selection provision.
This is why passengers should not assume that an injury claim can simply be filed in their home state. The exact requirements depend on the cruise line, the applicable ticket contract, the voyage, and the nature of the claim. An attorney should review the contract before determining where and how a lawsuit should be filed.
$5,500,000 for 14 year old boy who suffered a head injury in a fall on a stairway.
$2.4 Million for two passengers seriously injured in separate accidents when they fell over a stair railing.
$1.2 Million recovery for hair stylist on cruise ship who suffered a herniated disc from fall on negligently maintained stairway.
A federal jury awarded more than $2,000,000 in damages to a 47 year old passenger when Norwegian Cruise Line medical staff failed to properly treat him after a heart attack.
$550,000 for 51 year old diabetic man who had below knee amputation as the result of the alleged negligent medical care he received onboard the ship.
$450,000 for 54 year old man who suffered mild brain damage from the alleged negligence of a ship’s doctor in diagnosing and treating a stroke.
$410,000 for 43 year old man who broke his ankle from slip and fall on wet bathroom floor.
$950,000 for 11 year old who suffered a mild head injury in a fall on a stairway.
$225,000 for 58 year old woman who fractured her ankle from fall on wet stairs.
$212,500 for 39 year old woman who tore ligaments in her knee from fall on wet deck.
Cruise lawsuit settlement of $210,000 for 47 year old man who broke his ankle from fall on wet deck.
$192,500 for 74 year old woman who broke her wrist from slip and fall on wet deck.
However, a settlement offer is not necessarily a fair settlement. A cruise line and its attorneys will evaluate the evidence, liability issues, medical records, and potential damages when deciding how to approach a claim. An experienced attorney can evaluate the offer in light of the evidence and the potential strengths and weaknesses of the case.
If a reasonable agreement cannot be reached, filing a lawsuit may be necessary. Litigation can involve discovery, depositions, expert testimony, motions, negotiations, and potentially a trial. The fact that a case is filed does not necessarily mean it will go to trial. Settlement negotiations can continue throughout litigation.
There is no standard timeline for a cruise ship injury settlement. Some claims may resolve relatively quickly. More complicated cases can take months or longer, particularly when the injuries are serious, liability is disputed, multiple parties are involved, or extensive investigation and medical documentation are required.
It may also be important to understand the applicable deadlines before focusing on settlement negotiations. Federal law establishes certain minimum periods for notice and filing of claims involving covered seagoing vessels, but passenger ticket contracts and the specific circumstances of a case can impose important requirements that need to be reviewed carefully.
A lawyer’s job is not simply to settle a case as quickly as possible. The objective is to protect the client’s legal rights while pursuing a fair resolution supported by the evidence.
Waks and Barnett has published examples of settlements and verdicts from cruise ship injury cases handled by the firm.
Reported results include:
These examples demonstrate the range of potential outcomes in cruise ship injury litigation, but they should not be interpreted as a prediction of what another passenger’s case will be worth. Every injury, accident, medical history, liability issue, and financial loss is different. The facts of a particular case ultimately determine what compensation may be available.
Past settlements and verdicts can demonstrate an attorney’s experience handling cruise ship injury cases, but they cannot guarantee or predict the result of a future case.
A settlement involving a severe head injury, for example, should not be used as a direct comparison to a case involving a broken ankle or back injury. Even two cases involving similar injuries can have very different outcomes because the evidence, liability, medical treatment, and long-term consequences may be different.
For that reason, an attorney should evaluate your actual accident and injuries before giving you an opinion about the potential value of your claim.
If you were injured on a cruise ship, you may have questions about whether the cruise line is responsible, how much compensation you may be entitled to receive, and whether your case should be settled or taken to court.
Waks and Barnett, P.A. has represented injured cruise passengers and crew members for more than 35 years and reports more than $100 million recovered through settlements and verdicts. A free consultation can help you understand your legal options, the potential challenges involved in your claim, and the steps that may be necessary to pursue compensation.
Settlement of $185,000 for 56 year old man who broke his ankle in slip and fall on wet deck.
$185,000 for 55 year old woman who broke her ankle from slip & fall on wet stairs.
$185,000 for 58 year old woman who broke her leg from slip and fall on wet deck.
$175,000 for 72 year old woman who injured her shoulder from slip and fall on wet deck.
$150,000 cruise ship settlement for 61 year old woman who broke her wrist from slip and fall on wet deck.
$235,000 verdict on behalf of a 61 year old woman who tripped and fell over a threshold on the Bimini Superfast and broke her arm.
$300,000 for widow of 60 year old man who died at sea of heart failure for alleged negligence of ship’s doctor.
$325,000 cruise ship settlement for 74 year old woman who broke her hip from trip on drain cover.
$260,000 for 73 year old woman who suffered soft tissue injuries and head injury from trip over electrical wire.
Cruise lawsuit settlement for $150,000 for 70 year old woman who broke her hip from trip over base of stair.
$125,000 for 65 year old woman who broke her arm from trip over food tray in hallway.
$435,000 policy limits for 62 year old boat captain who was injured in fight with deck hand.
EXPERIENCE YOU NEED. RESULTS YOU WANT.
If you were hurt in a cruise ship accident and are considering filing an injury claim, you may also be interested to know about cruise ship injury settlements and what happens after you file a lawsuit. The injury settlement is the amount of money the cruise ship company will pay you if it can be proven that your injuries were directly caused by the negligence of the cruise line, it’s employees or potentially a third party associate with the cruise line.
An experienced cruise attorney can represent you during the claims process. After an initial injury claim and demand letter are made, which outlines your injuries and your reasons for wanting compensation, you may receive a settlement offer from the cruise line. The claims process could take some time – weeks or months even – as both parties collect information related to the case.
Most likely, a settlement will be offered by the cruise line rather than going to court. Again, an experienced attorney will help you navigate the settlement negotiation and advise you on your chances of success in the courtroom for a injury verdict if a settlement offer is not desirable to you. Cruise ship injury settlement amounts can range from just a few thousand dollars to tens of thousands of dollars or even millions of dollars depending on the severity of your injuries and the factors involved with your case.
determining responsibility is our job
$2 Million+ recovery by settlement and verdict for multiple crewmembers, from many countries, injured in lifeboat drill on cruise ship.
$2 Million for crewmember who underwent unnecessary abdominal surgery without general anesthesia, resulting in permanent intestinal damage.
$900,000+ settlement for crewmember seriously injured as result of an assault by a fellow crewmember.
$175,000 for 72 year old woman who injured her shoulder from slip and fall on wet deck.
$800,000 for 36 year old man who suffered neck injury from negligently administered massage.
$375,000 for 49 year old man who suffered a back injury on a pool slide when struck from behind by another passenger.
$650,000 for widower of 64 year old woman who fractured her shoulder from fall into tender and later died after returning home from blood clot.
$20 Million in expected annuity payments for an infant child rendered paraplegic by a negligently performed medical procedure.
$1.8 Million settlement after favorable liability verdict for family of police officer who died several years after exposure to carbon monoxide during cargo ship rescue effort.
At Waks and Barnett, P.A., we make it a point to devote our full attention and resources to each of our clients. That begins with the first phone call and carries through until your case is resolved. This is the approach we’ve taken for over 35 years and across thousands of personal injury cases.
Our clients, who are often the victims of terrible accidents or utter negligence by the cruise lines, benefit from our dedication to their cases and the compassion and understanding we provide to them.
With our meticulous approach to casework and extensive experience dealing with personal injury claims – especially as it relates to maritime and cruise injury law – we can help you resolve your case in the most effective manner possible.
aggressive representation for each and every client
The following are just a few results from the thousands of cases our cruise ship injury law firm has worked on over the last 35 years.
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Thank your for considering our law firm. We’re here to help you and can answer any questions you may have.