Many individuals go on cruise ships but are not aware of the distinct issues that can happen. If a crew member or team takes you out on an excursion, you could be seriously hurt. It is the responsibility of the cruise ship company to ensure that you are not injured during these trips, but unfortunately, accidents do happen. If you have been hurt on a cruise ship excursion, you should pursue legal action. Our cruise ship excursion injury attorneys at the Downtown LA Law Group can help you file your claim and get you the fairest compensation available.
Types of Excursion Injuries
When a cruise ship docks somewhere, the crew can take people out on an excursion. These excursions range in type and length, but most are overseen by crew members and those who are heading the trip. For example, if you were to go on an excursion to go whale watching, you would be with the crew members and with seasoned sailors and maritime workers who can maneuver around whales and take you to the proper distances.
Some examples of injuries on excursions include:
- ATV accidents, motorbike incidents, and others
- Jet ski incidents, motorboat accidents, parasailing issues, and more
- Bus accidents and other transportation incidents when going from one location to another
- Scooter and moped accidents in crowded streets
- Animal attacks and nature injuries
- Tender boat accidents, sailboat accidents, and other sea-related incidents
- You could suffer any number of injuries from excursions. Some include:
- Traumatic brain injury
- Broken bones
- Closed head injuries
- Internal organ damage
- Internal bleeding
- Nerve damage
- Muscle damage
- Neck and spinal cord injuries
- Bite wounds
It is important to be extremely careful when out on an excursion from a cruise ship, and if you are hurt, immediately seek medical treatment.
How to Sue a Cruise Company for Excursion Injuries
If you wish to file a lawsuit against a cruise company because you were hurt on an excursion, you will need sufficient evidence on your side. It can be hard to gather this evidence in the moment, especially if you were severely injured. You should attempt to do so, or have someone gather proof on your behalf.
First, it is important, no matter what, that you go to the doctor for medical assistance. You may be in a foreign land and the medical treatment may not be the best quality, or a doctor on board the cruise ship may treat you. You should get whatever treatment is necessary but see your primary care doctor when you return. It is important that you do not wait too long between the incident and the treatment, as your health may get worse and the validity of your claim will be called into question. If you leave a cruise ship but a month later go to the doctor, the insurance agent may believe that you were hurt in another separate incident.
Hold on to all medical receipts, doctor’s notes, MRI and X-ray results, prescriptions, medication receipts, and more from the medical visit.
It is important that you take as many photos as possible of the injuries you suffered, the scene of the incident, the involved vehicles or items, who was involved, and more.
You can add eyewitness testimonies and statements to your claim as well. The more perspectives and support you have, the stronger your claim will be. It is possible to join a class action lawsuit if numerous individuals were also hurt in the excursion. The good aspect of class action lawsuits is the pooling of evidence, as the amount of proof against the cruise ship company can greatly increase the chances of success. However, the total compensation will decrease per person.
You will need receipts of your cruise, such as proof of purchase, boarding passes, tickets, credit card statements, and more. This will show that you were a rightful passenger.
You can file an incident report with the cruise ship company after you have been hurt, but do not take any promotional materials or refunds. If you do, the company can say you were already reimbursed and a lawsuit is extraneous.
Finally, you should call a cruise ship excursion injury lawyer who can handle your claim for you. You may not have any legal experience at all, which can be detrimental to your claim. If you try to proceed with no previous knowledge, your lawsuit will not be a success. Our attorneys will fight on your behalf and ensure that you are properly represented. You can focus on healing from your injuries and returning to your daily activities and normal life.
Compensation from a Lawsuit against a Cruise Ship for Excursion Injuries
You could potentially receive a large settlement from the cruise ship company if you were hurt while out on an excursion during a trip. The value of your case is largely determined by the insurance agent handling it; he will look at the injuries you suffered and see how impactful they were, the effect they had on your life and career, the responsibility you had in the incident, and more. He will then make an offer based on his findings. Insurance agents generally want to protect their company’s profits, so they do not make large offers. They will wait a few weeks or months before they even give you an offer at all, and the offer will likely be very small – this is an attempt to get you to accept whatever they want. Our lawyers will circumvent this practice and ensure that you are given the fairest settlement possible. We will fight wo in you the following damages:
- Medical bills from the past and future for any hospital stay, surgery, prescription medication, physical rehabilitation, and more
- Missed income if you were unable to return to work in the past or in the future
- Property damage if your personal items and belongings were lost in the incident or if they must be repaired or replaced
- Pain and suffering damages to account for mental anxiety, fear, PTSD, psychological trauma, and more
In the event that a loved one passed away in the incident, you could receive wrongful death damages. These expenses include funeral and burial fees, loss of consortium, loss of relations, pre-death medical bills, pre-death pain and suffering, and more.
Our attorneys will not quit until you are fully compensated for the injuries you suffered due to the negligence of the cruise ship company.
Statute of Limitations to Sue a Cruise Ship Company
The statute of limitations is the time during which you can file a lawsuit. If you fail to sue within this time period, your claim will expire and you will be unable to receive any compensation in the future. It is imperative that you act quickly – not only do you run the risk of missing out on restitution, but the longer you wait, the more likely it is that your evidence will get lost or will become corrupted. Some witnesses may move or not remember key details, for example, and that can be the difference maker in a case.
Normally, the statute of limitations for personal injury lawsuits is 2 years from the date of the injury, in California. However, maritime law dictates that cruise ship companies are exempt from state laws regarding statutes of limitations. Therefore, any injury on a cruise ship must be brought up with the cruise ship company within 6 months of the incident and the lawsuit must be filed within 1 year. This is not a lot of time and is the primary reason that many individuals fail to receive ample restitution.
There are a few ways that the statute of limitations can be extended. For one, minors cannot legally sue, so the statute of limitations will not begin until they turn 18 years old. Additionally, anyone who is left incapacitated after the incident, such as someone left in a coma, can wait until he returns to functionality before he sues.
You can ensure that you adhere to the deadline for your excursion injury lawsuit if you come to our firm. Our attorneys are punctual and attentive and we will never let the deadline on your claim pass.
The Firm for You
The Downtown LA Law Group is known as being one of the premier law firms in California. We have decades of combined experience and our attorneys are well versed in maritime law and cruise ship injury lawsuits. We have recovered hundreds of millions of dollars for our clients and know the best methods for success. Our aggressive lawyers will stop at nothing to win you the damages you deserve.
Call today for a free legal consultation on your claim. Your consultation is totally private – none of your personal information or case details will be shared elsewhere. You can ask us whatever you like and we will tell you what we think the value of your claim is. Further, if you hire us to represent you, we’ll give you our zero fee guarantee. You won’t have to pay a single dime out of pocket for our services – we will only get paid if we win, and the money will come from the cruise ship’s settlement. If we lose, we are paid nothing.
Don’t hesitate to reach out to the Downtown LA Law Group if you were injured on a cruise ship excursion accident.