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Carnival Cruise Ship Injury Lawyer
AMERICAS LEADING CHOICE FOR INJURED PASSENGERS ON CARNIVAL CRUISE SHIPS
Gerson & Schwartz lawyers have over 100 years of combined experience representing cruise ship accident victims in a wide range of cases including Carnival cruise lines. The firms’ lawyers are recognized as the nation’s top-rated cruise ship injury law firms demonstrated by peer reviewed lawyer publications including “Best Law Firms” US News and World Report, in admiralty and maritime law, “Best Lawyers” in America and Super Lawyers. Our lawyers are also AV rated by Martindale-Hubbell and hold a 10.0 rating on Justia. Our firm successes and case outcomes are well documented by many 5-star Google reviews which reflect our dedication, hard work, commitment, and the trust injured Carnival cruise passengers place in us when their lives have been changed due to negligence. Our lawyers have over 5 decades of experiences litigating cases on behalf of injured Carnival cruise passengers. No matter where you live our cruise ship lawyers can help.
Get Help from Trusted Cruise Line Injury Lawyers with Decades of Experience
The seasoned professionals at Gerson & Schwartz, PA have almost 80 years of combined experience when it comes to cruise ship accidents. If you need a trusted cruise line injury lawyer, our team is here to help. We are familiar with all the substantive and procedural rules in local courts, even the ones that are unwritten. Furthermore, we know the law and know how to make it work for you. We know that you are not satisfied with anything less than the best possible result under the circumstances, and neither are we.
Carnival Cruise Ship Injury Risks Every Passenger Should Know
For many passengers, a few days on a Carnival cruise ship may be the trip of a lifetime. Many people are attracted to the wide range of activities available on these vessels. The Lido deck and pool, Serenity deck, hot tubs, Limelight night club and other onboard attractions seem safe. Unfortunately, accidents happen for several reasons. Accidents on Carnival ships can occur due to negligent maintenance, poor supervision, and failing to comply with internal procedures, industry standards and basic safety practices. Other activities may be unsupervised, or they are overseen by regular crew members who may have little experience in that area providing safety or security.
If guests are injured, the on-board medical facilities may be little more than a first aid station. The law regarding maritime injuries are very complex, and the cruise lines add boilerplate language to the tickets. Generally, provisions about choice of law, statute of limitations, and other items that materially affect your case are buried deep in the fine print. Our lawyers are here to help.
What Are the Common Injuries on Carnival Cruise Ships?
Many Carnival ships, such as the Carnival Magic and Sunshine, weigh well over 100,000 tons and carry up to 3,000 passengers. Given this massive size, incidents are almost inevitable. Some of the common on-board injuries include:
Carnival Cruise Slip and Falls Slippery surfaces in and around pool decks, bars and other high traffic areas on most cruise ships create ample opportunities for slip and fall injuries
Carnival Trip and Falls Accidents – Defective steps, nosing, edge treatment and refurbished and synthetic floor surfaces can result in a trip and fall.
Gangway Accidents – Gangways are used for embarkation and disembarkation to and from the vessel. Falls on gangways can result from failing to have handrails, nonskid and anti-slip surfaces and failing to provide adequate assistance
Rape and Sexual Assault. Cruise ship crime is more widespread than passenger realize. If a passenger is the victim of a crime while on board, the cruise ship is responsible for damages, even if the perpetrator was just a crew member
Other types of cases our Carnival cruise ship injury lawyers also have experience include:
- Rape or Sexual Assault
- Assaults by Passengers or Crew
- Injuries Due to Defective Ship Equipment
- Crew Member Injuries
- Slip, Trip and Falls
- Cruise Ship Crime
- Medical Malpractice
- Wrongful Death
- Excursion Accidents
- Criminal Acts by Crew Members
- Gangway Accidents
- Crew Member Arbitration
- Tender Boat Accidents
Injury victims are normally entitled to compensation for both their economic damages, such as hospital bills, and noneconomic damages, such as pain and suffering, and the experienced carnival cruise ship injury attorneys at Gerson & Schwartz, P.A. are here to help you pursue the full recovery you deserve.
Where Can You File a Carnival Cruise Ship Injury Lawsuit?
Even though most Carnival cruise ships are foreign-flagged vessels, and many on-board Carnival cruise ship injury cases occur in international waters, negligence lawsuits are nearly always heard in the Miami federal court, because Carnival is headquartered in the Magic City. This provision is important, because in most situations, Florida has a one-year statute of limitations in this area. Courts typically enforce these choice of law provisions, even though they may be fairly categorized as take-it-or-leave-it contracts of adhesion.
The actual time limit may be even shorter, because Carnival commonly requires injured victims to provide written notice to the company within six months. Failure to follow this procedure may result in the claim’s dismissal.
Other somewhat obscure legal provisions may apply, such as the International Convention for the Safety of Life at Sea (SOLAS) and Florida’s Special Maritime Criminal Jurisdiction law. A Carnival cruise ship injury lawyer can help navigate these complex regulations and determine how they apply to your case.
Get Help Today From an Experienced Carnival Cruise Ship Injury Lawyer
Cruise ship injury victims must overcome significant hurdles to get the compensation they deserve. For a free consultation with zealous attorneys who are on your side, contact Gerson & Schwartz, PA. You have a limited amount of time to act.
Carnival Cruise Line FAQsUnder the passenger ticket contract, (also known as the contract of carriage) injured passengers generally must provide written notice of their intent to file a personal injury claim within 185 days and file a lawsuit within one year of the injury. Failure to comply with these deadlines will result in your claim being time-barred. Limited exceptions may apply, including statutory protections for minors. Because these deadlines are strictly enforced, it is important to contact an experienced cruise ship injury lawyer promptly.
All personal injury lawsuits against Carnival Cruise lines must be filed in Miami, Florida, specifically in the United States District Court for the Southern District of Florida. These requirements generally apply regardless of where the injured passenger lives, the port of call where the cruise departed, or where the injury occurred.
The most common injury claims against Carnival Cruise Line involve negligence resulting in slip, trip, and fall accidents, gangway falls, waterslide injuries, trips over depressed carpeting, raised or defective stair nosing, raised thresholds, and automatic door malfunctions. Other serious claims involve rape and sexual assault by crewmembers or passengers, medical malpractice, defective equipment, unsafe vessel conditions, and negligence by cruise ship employees. Serious injuries may also occur during shore excursions and visits to Carnival's private destinations, including Celebration Key and Half Moon Cay.
Common locations for accidents and serious injuries aboard Carnival cruise ships include Lido pool decks, Guys Burger Bar, exterior staircases, , jacuzzi steps, the casino bars, Atrium shops, Limelight Lounge, Club O2, gangways, and other high-traffic dining areas such as the Lido Marketplace. Serious injuries, including those resulting from rape and sexual assault, may occur in passenger staterooms and other areas of the vessel. Accidents also occur during shore excursions and visits to Carnival's private destinations, including Celebration Key and Half Moon Cay.
The best lawyer to sue Carnival Cruise Line should have extensive experience litigating cruise ship injury cases in the United States District Court for the Southern District of Florida in Miami. Philip M. Gerson and Nicholas Gerson of Gerson & Schwartz Accident & Injury Lawyers are often regarded as among the best lawyers cruise ship injury lawyers for Carnival injury claims due to their decades of experience representing injured passengers against Carnival and other major cruise lines. Their firm has conducted over 350 jury trials and recovered more than $300 million in verdicts and out of court settlements, including substantial recoveries in serious and catastrophic cruise ship injury cases.
The best law firm to sue Carnival Cruise Line for a serious injury should have extensive trial experience litigating cruise ship injury claims in federal court in Miami, Florida. Gerson & Schwartz Accident & Injury Lawyers is often regarded as one of the best cruise ship injury law firms based on its decades of experience representing seriously injured passengers against Carnival and other major cruise lines. The firm has conducted over 350 jury trials, recovered more than $300 million in verdicts and confidential settlements, on behalf of injured cruise passengers. The firm has also nationally recognized by peer review lawyer publications including the 2027 edition of US News Report Best Law Firms for Admiralty and Maritime Law and Personal Injury Litigation and Best Lawyers in America.
The most common types of injuries aboard Carnival cruise ships include orthopedic injuries such as broken bones, wrist fractures, femur fractures, hip and ankle fractures. Serious accidents may also result in traumatic brain injuries, spinal cord injuries, neck and back injuries, burns from hot deck surfaces, and other neurological conditions. Passengers may suffer permanent disability, serious physical limitations, emotional distress, and psychological harm.
The amount of compensation you may recover for injuries aboard a Carnival cruise ship depends on several factors, including the cruise line's degree of negligence, available evidence, and severity of your injuries. Recoverable damages may include past and future medical bills and expenses, lost wages, loss of earning capacity, out-of-pocket expenses, and future medical care costs. You may also recover compensation for pain and suffering, permanent disability, scarring, disfigurement, emotional and psychological harm, and the inability to lead a normal life. The total recovery depends on the specific facts of your case.
If you were injured aboard a Carnival cruise ship, the types of compensation available may include past and future medical bills and expenses, lost wages, loss of earning capacity, costs of future medical treatment, pain and suffering, permanent disability, scarring, disfigurement, and the inability to lead a normal life. The amount of compensation depends on the severity of the injuries, the cruise line's negligence, and the circumstances of the accident. Recoveries vary on a case-by-case basis.
The most common locations for accidents aboard Carnival cruise ships include wet pool decks, areas near Jacuzzis, exterior stairways, interior staircases, gangways, and slippery walking surfaces. Accidents also occur in high-traffic areas such as hallways, casinos, spas, waterslides, and dining facilities including the Lido Marketplace. Passengers may suffer serious injuries on shore excursions, at Carnival's private destinations such as Celebration Key and Half Moon Cay, and inside passenger staterooms.
Not receiving or reading your Carnival passenger ticket contract does not eliminate contractual obligations, including deadlines to file a lawsuit and requirements concerning where a personal injury lawsuit must be filed. Courts frequently enforce passenger ticket provisions when the terms were reasonably communicated and passengers had a reasonable opportunity to review them, even if they never actually read the contract. However, enforceability depends on the circumstances. An experienced cruise ship injury lawyer can review whether the contractual limitations are enforceable and how they apply to your particular case.
Yes, but Carnival's passenger ticket contract requires personal injury lawsuits to be filed in Miami, Florida, regardless of where the injured passenger lives, resides or where the cruise departed. Any attorney handling the lawsuit must be licensed to practice in the federal court in Miami, Florida. Hiring an experienced Miami cruise ship injury lawyer familiar with Carnival litigation and federal maritime law can help protect your rights, regardless of what state you live in or where your cruise originated.
Gerson & Schwartz Accident & Injury Lawyers handles Carnival cruise ship injury claims on a contingency-fee basis. This means there are no attorney's fees unless we win, and no upfront costs to get started. The contingency-fee agreement is based on a percentage of the recovery including whether the case is settled in, or out of court.
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