If you have been injured while on a cruise, it is critical that you know the deadline for filing your personal injury action. Failure to file within the deadline, or statute of limitations, may result in dismissal of your action. Each state sets its own statute of limitations and deadlines will vary depending on the type of legal claim. However, for cruise ship accident cases, the time period set out in your cruise ticket, which comprises your contract with the cruise line, will generally take precedence. Most cruise ship tickets require that plaintiffs file their personal injury action within one year, but it is critical that you refer to your specific cruise ticket as deadlines may vary. Additionally, our cruise ship injury attorneys have found that many cruise tickets require you provide notice of your injuries within a certain amount of time.
At Greenberg, Stone & Urbano, we have assisted thousands of injured cruise ship passengers in timely filing their cruise ship accident case. We understand how confusing it can be to meet all mandatory deadlines and notice requirements. Our firm will carefully assist you in meeting the deadlines and preserving your legal rights. As an injured cruise ship passenger, you may be eligible to receive compensation for your medical expenses, lost wages, pain and suffering, and more.
Tolling the Filing Deadline
Under certain circumstances, the deadline to file a personal injury claim may be “tolled” or essentially placed on pause. Plaintiffs that file outside of the time limitation therefore still be able to bring their action. However, tolling is not a guarantee, and our Miami cruise ship attorneys always recommend that you act quickly to file within the appropriate time frame.
The case of Newell v. Carnival Cruise Lines illustrates the concept of equitable tolling. In this case, the plaintiff filed suit against Carnival after suffering serious injuries when she tripped over a metal stand improperly placed in the walking area. The cruise ship ticket set out two important deadlines: plaintiff had to notify the defendant of her injuries within 185 days and file any claims against defendant within one year within the United States District Court for the Southern District of Florida in Miami.
Plaintiff timely notified defendant of her injuries and filed suit within one year, but the action was improperly filed in the Eleventh Judicial Court for Miami-Dade County. By the time plaintiff re-filed her complaint, it was past the one year mark and Carnival moved to dismiss it. The court held that equitable tolling should apply in this case since the plaintiff diligently took action to file the suit and filed an otherwise valid suit in an improper venue. The interests of justice accordingly require that the time limit be tolled and the action allowed.
Contact the Miami Cruise Ship Attorneys at Greenberg, Stone & Urbano Today to Schedule Your Free Consultation!
If you have been injured while cruising, it is critical to act fast to protect your legal rights. Failure to act within the requisite time period could result in dismissal of your claim. The Miami Cruise Ship Lawyers at Greenberg, Stone & Urbano assist those injured in any manner of cruise ship accident. At Greenberg, Stone & Urbano, we bring over 130 years of combined professional experience to your important cruise ship accident case. With our assistance, you can rest assured that you will not miss critical deadlines or compromise your legal recovery. We have received an AV rating from Martindale-Hubbell and have been named a Top South Florida Law Firm by the Miami Herald. Call us today at (888) 499-9700 or (305) 595-2400 to schedule your free consultation with one of our top rated attorneys or you can contact us online.