Do I have to File the Lawsuit in Florida?
A quick glance at the headlines over the past several years shows that the unfortunate truth is that cruise ship accidents do happen. And not only do they happen – they are becoming more and more common. When you suffer an injury while on a cruise, in some cases you can hold the cruise ship responsible for your injuries and seek compensation from them. In general, your claim against the cruise ship will fall under the auspices of personal injury law – similar to the law that governs injuries sustained in an automobile accident. However, because of the unique nature of a cruise, cruise ship accident claims are particularly complex.
One are of complexity is the issue of jurisdiction, or which laws govern your claim for compensation. Jurisdiction will be determined by where the accident occurred. Just because your cruise starts and ends in Florida does not necessarily mean you will be able to file your lawsuit there. Often times the cruise ship company will be registered in a foreign country. For example, if the ship carries a Bahamas registration, then the law of the Bahamas could govern your claim. At the same time an argument can be made that the location of where the cruise ship travel agent is located is where jurisdiction should be. On top of this, you injury will have likely happened while out at sea, meaning maritime law could be applicable.
Clearly, a cruise ship accident claim is a complex matter. For this reason, it is advised that you seek the advice of an experienced cruise ship accident attorney. A cruise ship accident attorney will be able to examine your case, look at the possible scenarios for jurisdiction, evaluate which jurisdiction’s laws are most favorable to your claim, and create a legal strategy for arguing in favor of this jurisdiction.
Since 1977, James Cunningham has been helping cruise ship accident victims receive justice and fair compensation. To ensure you get the compensation you deserve for your cruise ship accident injuries, contact the Law Offices of James O. Cunningham, P.A., at 877-FL-INJURY (877-354-6587) for a free initial consultation.