Suing to recovery money damages for accidents that occur in other countries while traveling abroad is no simple task. Similarly, there are tribulations if you are injured while on a cruise and decide to bring a lawsuit. Here are some things you need to know before your next bon voyage says Vito Cannavo a leading New York City personal injury lawyer.
New York City, NY (NewYorkInjuryNews.com) The first problem involving accidents on cruise ships, including ones that are U.S. based, are contractual agreements you enter into upon the purchase of your ticket(s). That’s right – you probably don’t even know what you agreed to but it is considered binding by the courts. These tickets usually have three (3) provisions on them that can tie your hands in some key respects:
1. A requirement that you file a “Notice of Claim” within a very short amount of time (few months).
2. A short statute of limitations to bring case.
3. A requirement of where you can bring suit – such as a federal court in Florida or California – even if you don’t live there.
The lesson to be learned from this is that even though it may be insurmountable to fight it, you should consult a lawyer right away after an injury on a cruise ship to protect your rights due to the complex legal nature of the matter.
Cruises on foreign based ships can have similar problems compounded by the fact that you are in another country with rules that restrict what you can prove and recover. And remember, not all countries allow contingency fees, in other words your lawyer can’t be paid exclusively on a share of the sum you recover. Some countries in fact make you responsible for all the other side’s attorney’s fees if you lose. And of course, many countries do not allow you to have your case decided by a jury of your peers as we do in the United States. Numerous nations have judicial systems where they leave decisions completely up to a judge sitting without a jury.
By: Vito Cannavo New York personal injury lawyer