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Personal injury cases take a notoriously long time to settle. They begin with someone falling due to the negligence of the cruise line and they end with a settlement or judgment.
When you first file a claim, the insurance company will want as much documentation of your injury and the resulting bills as you can muster. If they accept your claim, they are likely to offer you too little money as a settlement. Before you accept any settlement, you should always talk to a qualified personal injury attorney.
Choosing an Attorney
The Carnival Cruise accident attorney you select should be well versed in both personal injury law and maritime law. As Carnival has a headquarters in Miami, Florida, you will want to find a law firm that is located in the city. Lipcon, Margulies, Alsina & Winkleman, P.A., for instance, has distinguished itself among Miami maritime law firms.
Filing a Lawsuit
One of the reasons personal injury suits take so long is because of all the time both parties spend trying to avoid going to court. When your attorney first calls the insurance company, they will let the adjuster know what amount of money they think is fair. The adjuster will generally offer a larger sum of money than was originally on the table. If this is still not acceptable to you, a lawsuit will be filed.
Time is of the essence when using a cruise line. Although the state of Florida allows you four years to file a personal injury lawsuit, you may not have that long if you sue a cruise ship. Cruise lines will often make people sign agreements when they buy their tickets and these agreements will limit the amount of time you have to sue. Carnival Cruise Lines limits you to one year.
Going to Court
Your attorney will send a letter to the insurance company demanding the amount of money you think is fair. If the insurance company does not agree, you will file a suit in court and have them served with papers. Your attorney and the insurance company’s attorney will negotiate again.
If no agreement can be reached, your case will go into the discovery phase. This is where each side will collect information to support their case. Your attorney may be able to subpoena the ship’s security footage and any records they have of their maintenance schedule.
You should be able to provide documentation of bills and medical reports from your doctors, receipts for medications, and a letter from your employer stating how much money you have lost as a result of the accident.
You will also want to provide the names of any witnesses that saw the fall. They will be asked to give a sworn statement as to what they saw.
Your attorney will then attempt to negotiate with the insurance company again. If there is still no way to work out a deal, you will go to court. A judge or jury will decide who is right or wrong. If they decide in favor of the defendant, you can appeal.
If you seek medical attention right away, see to it that the cruise ship writes an incident report right away. Make sure to file your insurance claim as soon as possible, you will have a good chance of getting the money you deserve.
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