Step 1: Report the Incident Immediately
The first and most important step after being injured on a cruise ship is to report the incident to the ship's guest services desk or a crew member as soon as possible. Ask that a written incident report be created and request a copy for your records.
Cruise lines maintain detailed records of reported incidents, and failing to report your injury promptly can be used against you later. Most cruise line ticket contracts require passengers to report injuries within a specific timeframe, so do not delay. Make sure the report accurately describes what happened, where it happened, and the nature of your injuries.
Step 2: Seek Medical Attention
Visit the ship's medical center as soon as possible after your injury, even if your symptoms seem minor. Some injuries, such as concussions and internal injuries, may not show obvious symptoms right away but can become serious if left untreated.
The ship's medical staff will document your injuries and the treatment provided, creating medical records that will be important evidence in your claim. If your injury is serious, request a medical evacuation to a shore-based hospital. Keep all medical records, receipts, and documentation of any treatment you receive both on the ship and after you return home.
Step 3: Document Everything
Thorough documentation can make or break a cruise ship injury claim. The more evidence you collect at the scene and during your recovery, the stronger your case will be.
- Photograph the scene: Take photos and videos of the exact location where the injury occurred, including any hazardous conditions such as wet floors, broken railings, or poor lighting.
- Photograph your injuries: Take clear photos of any visible injuries immediately after the incident and throughout your recovery to document the progression.
- Collect witness information: Get the names, cabin numbers, and contact information of any passengers or crew members who witnessed the incident.
- Keep a journal: Write down the details of the incident while they are fresh in your memory, including the date, time, location, weather conditions, and exactly what happened.
- Save all receipts: Keep receipts for any medical expenses, medications, transportation costs, and other expenses related to your injury.
Step 4: Review Your Ticket Contract
Your cruise ticket contains a contract of passage that includes important legal provisions affecting your right to file a claim. Most cruise line ticket contracts include strict time limits for providing written notice of your claim and for filing a lawsuit, as well as forum selection clauses that require lawsuits to be filed in a specific court, typically in Miami, Florida.
These contractual deadlines are much shorter than typical personal injury statutes of limitations. Many cruise lines require written notice of a claim within six months and filing of a lawsuit within one year. Missing these deadlines can permanently bar your claim, regardless of the severity of your injuries.
Step 5: Contact an Attorney Before Speaking with Cruise Line Representatives
After a cruise ship injury, the cruise line may send a representative or adjuster to speak with you about the incident. While they may seem helpful and concerned, their primary goal is to protect the cruise line's interests and minimize its financial exposure.
Before providing a recorded statement, signing any documents, or accepting any settlement offer from the cruise line, contact an experienced cruise ship injury attorney. An attorney can advise you of your rights, ensure you meet all contractual deadlines, and negotiate with the cruise line on your behalf.
Do not accept an early settlement offer without legal advice. Initial offers from cruise lines are almost always far below the full value of your claim. An experienced attorney will evaluate the full extent of your injuries and damages before negotiating a fair resolution.