After Your Cruise Ship Illness or Injury

The accomplished maritime accident lawyers at Lipcon, Margulies & Winkleman, P.A. bring decades of experience to advocating for the rights of victims in maritime incidents. Since our establishment in 1971, we have consistently secured the maximum available compensation for our clients. With a collective recovery of over $450 million and a team of 16 dedicated maritime and personal injury attorneys spread across seven office locations nationwide, we stand ready to fight for you.

Our firm boasts numerous accolades and honors, including four of our maritime accident attorneys being recognized in “Best Lawyers® in America” and our selection to “Best Law Firms®” by US News & World Report for nearly a decade. This recognition underscores our unique expertise and capability in maritime litigation. Whether you’ve suffered catastrophic injuries or lost a loved one in a maritime accident, our track record of success gives us the confidence and ability to obtain a favorable outcome on your behalf. Over the decades, we’ve successfully represented thousands of crewmembers and cruise ship passengers with an unwavering dedication to the pursuit of justice.

When you choose our firm, you can trust us to hold responsible parties accountable and safeguard your rights throughout the legal process. While navigating the aftermath of a devastating maritime accident can be daunting, our team will handle the investigation and guide you through every step, allowing you to focus on healing. To learn more about how our maritime accident attorneys can support you during this challenging time and what to expect from the claims process after you or a loved one is injured or becomes ill, reach out to schedule a free consultation. Take the first step towards reclaiming control of your life by contacting our office today.

What You Need To Know If You Get Sick Or Hurt On A Foreign Cruise

Traveling by cruise ship offers a unique opportunity to explore multiple destinations while enjoying a range of amenities onboard. However, like any form of travel, it comes with its own set of risks, including the possibility of getting sick or injured. Cruises can expose passengers to various health risks, ranging from minor sickness to more serious conditions such as infectious diseases. Two commonly encountered issues are seasickness and norovirus, both causing discomfort and requiring different approaches for management and treatment. Injuries may also occur due to slips or falls, especially on rough seas.  In our decades of practice, we’ve literally seen it all and we’ve successfully handled virtually all of the cases that we have been retained to handle.

Many cruisers often wonder what will happen to them if they get hurt or sick while cruising outside of the United States. Cruise passengers certainly have a right to be concerned, as just about any maritime lawyer will tell you that the rules and laws tend to be a bit more complex when dealing with personal injury and sickness on foreign cruises.  Having said that, that is precisely what we do on a daily basis.  We handle cruise ship injury claims that happen all around the world.  To this end, there are a few things of which cruisers should be aware prior to setting sail on the high seas.

Pay Close Attention to the Language Used on the Ticket

Passengers are entitled to certain rights regarding medical care on cruises. These rights include access to medical services and the expectation of a reasonable standard of care from the ship’s medical staff. It’s important to review the cruise line’s policies before departure to understand what is covered and what additional support might be necessary.

Generally speaking, foreign cruises are those that do not originate from or end at a U.S. port. Depending on the ticket language, a cruiser might or might not have a right to sue in the U.S. Unfortunately, it is common for individuals who are cruising for the first time (or even repeat cruisers) to forgo taking the time to thoroughly read the cruise ticket. But reading the document is crucial because it advises passengers of the exact terms and conditions of the trip, including who can be sued, as well as the location of where an individual will be permitted to file a lawsuit.

For example, the document might select as the place in which a lawsuit must be brought, a country that may or may not be the country of origin or destination for the cruise. This could be problematic for a U.S. cruiser; however, under the law, there may be a way around that particular requirement. That is why it is important for anyone who has been injured or gotten sick while on a foreign cruise to work with a skilled maritime lawyer who may be able to find a legal loophole in the language of the ticket. With the help of a well-versed attorney, cruisers will be able to gain an understanding with regard to potential parties to a lawsuit and the possible limitations that might be placed on the damages sought.

Having said that, the vast majority of cruise ship cases are required to be filed in Federal Court in Miami, Florida. This is pursuant to the terms of the ticket contract. And Miami, Florida is where our global headquarters are. Equally important, most cruise ship passenger injury cases must be filed within one year of the date of the incident.

Exercise Caution

These days, there are countless new and exciting ways to spend time on a cruise. From water parks to ziplining and everything in between, the cruise industry continues to create bigger vessels, offering more activities in order to attract a wide range of clientele. However, with these increased opportunities for fun, also comes a slew of additional potential safety risks.

Although you may expect the cruise line to have your best interest at heart, the truth of the matter is that this is not always the case. Cruise lines often put profits before passenger safety.  Whether you are a guest or an employee, you have the right to cruise in a reasonably safe  environment. In the past, we have helped both passengers and crew members navigate the often complex and uncertain world of maritime law. From eye and back injuries, to slip and fall accidents and even rape and sexual assault, one cannot underestimate the potential for an incident to occur when you least expect it. We always say: don’t leave your common sense at the port!

Possible Defendants and Limitation of Damages

Medical centers on cruise ships resemble small clinics that offer urgent and emergency care. They are typically staffed with at least one licensed doctor and two nurses, capable of treating minor to moderate conditions. Larger cruise vessels may have more comprehensive medical facilities, comparable to urgent care centers, and staff multiple doctors and nurses. These centers are suitable for managing various illnesses and injuries, from minor cuts to more serious conditions such as heart attacks. However, they might not be equipped for major surgery or intensive care, and in such cases, a medical evacuation may be necessary.

When passengers get sick or injured on a cruise, specific legal principles apply, distinct from those on land. It’s important for passengers to understand their rights and the complexities of maritime law. For instance, the ticket language might include terms that discuss who may be sued if a passenger gets hurt or sick while on a cruise; however, the reality of who those defendants might be may differ under the actual law. In general, individuals who sustain injuries or experience sickness while onboard a cruise ship will be entitled to sue the owner of the ship, the ship operator, and the employers of the crew members who caused the injury or illness. Given the potential number of individuals and entities that may be brought in as part of the suit, a thorough investigation will need to be done into the  incident. The investigation may ultimately reveal that one or more parties might have an affiliation with the United States that will allow you as the injured or harmed individual to sue in the U.S.

With respect to the possible limitation of damages, cruisers should note that if the cruise is subject to an international treaty known as the Athens Passenger Convention, their damages could be substantially limited. But again, the language of the ticket must be very specific in order to invoke such a limitation.  The Athens Convention is but one of many of the unique intricacies of maritime law that passengers and crew face.  This is why it is critically important to immediately contact an experienced maritime attorney when an incident occurs at sea.

Passengers may pursue legal action if they believe their illness or injury was due to the cruise line’s negligence or medical malpractice. They must prove that the cruise line or its employees breached a duty of care that resulted in harm. Initiating a lawsuit typically requires adhering to strict statutes of limitations, which vary depending on the cruise line and ticket contract.

Contact Our Maritime Injury and Illness Lawyers

The legal advocacy of our founding attorney, Charles Lipcon, has significantly influenced how the U.S. legal system addresses water-related injuries, illnesses, and accidents. This is why our attorneys frequently serve as expert guests on esteemed talk shows and national news programs, further solidifying our reputation as industry leaders.

The accident attorneys at Lipcon, Margulies & Winkleman, P.A. have more than 250 years of combined experience and have been named to “Best Law Firms” ® by US News & World Report for the last seven years, and we are proud that four of our personal injury attorneys were selected as one of the “Best Lawyers” ® in America.

If you or someone you love has sustained an injury or gotten sick while on a foreign cruise, contact a knowledgeable maritime lawyer at Lipcon, Margulies & Winkleman, P.A. today.  You can do so by contacting us via our website or calling our office at 877–233–1238 for a confidential and free consultation and connect with a reputable maritime personal injury lawyer.