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How long do I have to file my Cruise Ship Injury case?
How long do I have to file my cruise ship injury case?
Under general maritime law, you typically have three years to file a personal injury claim. However, for cruise ship accident cases, the statute of limitations is usually only one year due to the terms outlined in your cruise ticket contract.
When you booked your cruise, you agreed to the terms and conditions set by the cruise line. For example, if you sailed with Carnival, Royal Caribbean, or Norwegian Cruise Line, your ticket contract included a one-year statute of limitations. This means you must file your lawsuit within one year of the incident.
Additionally, most cruise lines require that your lawsuit be filed in the Southern District of Florida, specifically in the Miami Federal Court.
It’s crucial to act quickly and review your ticket contract, as some cruise lines may also require written notice of your claim within six months of the injury.
Here are the key points to remember:
- One-Year Filing Deadline
- Most major cruise lines, including Carnival, Royal Caribbean, and Norwegian, require injured passengers to file a lawsuit within one year of the incident.
- Pre-Suit Notice Requirement
- Some cruise lines also require passengers to submit written notice of their claim within six months of the injury.
- Mandatory Court Location
- The ticket contract dictates where the lawsuit must be filed. In most cases, this is the Southern District of Florida (Miami Federal Court), regardless of where the accident occurred.
- Exceptions & Special Circumstances
- Cases involving minors or certain claims under the Jones Act may have different rules.
- If a cruise ship was operating under a foreign flag, different international laws may apply.
If you’re considering filing a claim, it’s best to act quickly and consult with a maritime attorney to ensure compliance with all deadlines.