According to an article posted on Law.com, “an Israeli tourist who had hoped to sue over a nasty fall aboard a Royal Caribbean Cruises Ltd. ship has retained Morgan & Morgan attorneys in West Palm Beach to accuse her former New York counsel of legal malpractice for allegedly missing a deadline to file suit, barring her claims forever.
The accident happened in November 2017, and in February 2018 the plaintiff retained New York personal injury firm Daniella Levi & Associates on a contingency-fee basis. But the complaint claims Levi sent her a letter terminating representation five months after the statute of limitations had expired.”
Apparently, Daniella Levi & Associates did not file a claim within the allocated time outlined in the original cruise line passenger ticket contract with Royal Caribbean. Royal Caribbean’s contract states that claims need to be received in writing within 6 months of the injury and a lawsuit filed within 1 year.
Again per the article, “the woman’s lawsuit against her former law firm seeks damages, costs and attorney fees for alleged professional negligence and breach of fiduciary duty – serious charges against a firm whose duty is to correctly and efficiently manage the claims of its clients.”
It’s not unusual for injured cruise ship passengers to reach out to their local attorneys for help. And while we don’t know the circumstances of this particular case, lawyers and law firms who are unaccustomed to working with the limited time frames and conditions set by the various cruise line ticket contracts are more likely to make errors in claim and case proceedings.
For a passenger who is has piled up medical debt and who has sought out the “experience” of an attorney, these errors could potentially lead to claims that can no longer be legally pursued – even if valid. That means the injured party has nowhere to turn for help with medical bills, lost wages or earning potential or compensation for physical pain and emotional damages.
Our advice to cruise ship passengers with injury claims – seek out attorneys and law firms who have specific experience battling the cruise lines. A local accident lawyer is probably not the best choice.
For more information and a free consultation, please contact our firm today.
Content Credit: Law.com and Raychel Dean of the Daily Business Review.