If a vacation on a Royal Caribbean ship turns into a medical emergency, the legal world you enter is very different from the one on land. Because cruise ships operate in international waters, your case falls under Maritime Law, a specialized set of rules that often catch people off guard.
Based in Miami – the heart of the cruise industry – the attorneys at Waks and Barnett, P.A. have spent over 35 years helping injured passengers navigate these “rough seas.” If you are seriously hurt, here are the three most important things you need to know.
1. You Have a Very Short Deadline to Act
On land, you might have years to decide if you want to file a lawsuit. On a Royal Caribbean cruise, that time is cut drastically by the “fine print” in your passenger ticket contract.
The 6-Month Notice:
You are generally required to give the cruise line formal, written notice of your intent to file a claim within six months (180 days) of the accident.
The 1-Year Lawsuit Deadline:
You must formally file your lawsuit within one year (1 year). If you wait even a day longer, you lose your right to seek compensation forever.
Because these deadlines are so tight, firms like Waks and Barnett, P.A. recommend contacting a lawyer as soon as you get home. They can help ensure you don’t miss these critical windows while you are still focused on your physical recovery.
2. Your Case Must Be Filed in Miami, Florida
It doesn’t matter if you live in New York, California, or London. It also doesn’t matter if your cruise left from New Jersey or stopped in Italy. Royal Caribbean’s contract includes a Forum Selection Clause.
This clause states that any legal action against them must be filed in the United States District Court for the Southern District of Florida, located in Miami. This is why it is so important to work with a Miami-based firm. Waks and Barnett, P.A. is located right where these cases are litigated, giving them the local home-field advantage and deep familiarity with the federal judges who handle maritime claims.
3. You Must Prove the Cruise Line was “At Fault”
Simply getting hurt on a ship isn’t enough to win a case. Under maritime law, you have to prove that Royal Caribbean was negligent. This means you must show they knew (or should have known) about a dangerous condition and failed to fix it or warn you.
Evidence is Key:
The cruise line will have their own security and medical reports that often favor their side. You need your own evidence—photos of the scene, witness contact information, and medical records from the ship.
The “Reasonable Care” Standard:
The law requires cruise lines to provide “reasonable care under the circumstances.” Whether it’s a slippery deck, a broken handrail, or medical malpractice in the ship’s infirmary, proving a breach of this duty is complex and requires a legal team that understands the specific “tactics” cruise lines use to defend themselves.
Why the Right Law Firm Matters
With over $100 million recovered for their clients, Waks and Barnett, P.A. focuses exclusively on representing passengers and crew members – never the cruise lines. They understand that after a serious injury, you aren’t just looking for a settlement; you’re looking for accountability and a way to pay for the medical bills the cruise line won’t cover.
For more information from our attorneys, please call us today. There is no-obligation with the call – and – the call with our attorneys is free. Call today at 1-305-271-8282.
Our cruise ship accident lawyers have been helping injured passengers and crew members for more than 35 years. We help you understand your rights and will assist you in filing an injury claim against the cruise line. If you believe negligence played a role in your injury – or just have questions about the your accident – please contact our office today.