Where to File a Cruise Claim
Our Florida cruise passenger injury lawyers have handled hundreds of cruise injury claims. If you were injured on a Carnival cruise, or Royal Caribbean, Celebrity, NCL or Disney Cruise Lines, you may have a cruise passenger injury claim. You may only have between 6 months to a year to bring your claim, and you may be limited to where you can actually file the claim, often in Florida.
As a cruise injury victim, it is important to find out where to bring your cruise accident case. Most passenger contracts have a provision which states where a lawsuit should be brought. This is called a Forum Selection Clause. Some forum selection clauses in cruise contracts require that a claim be brought in a certain city, while others are more specific and require a lawsuit to be brought in a particular courthouse.
Carnival Corporation, for example, generally requires all injury cases to be filed against them in the US District Court for the Southern District of Florida, Miami Division. This means if you file suit in the US District Court for the Southern District of Florida, Ft Lauderdale Division, your case may be dismissed.
Royal Caribbean may allow a lawsuit to be filed in either State or Federal Court in Miami, depending on the value of the case.
The choice of venue in a cruise injury case is usually based on contract. That is, when you agree to go on a cruise, you are agreeing to the terms in the passenger contract. Whether you live in Illinois, New York, Texas, Oklahoma, California, or even England or Italy, if your cruise contract requires a lawsuit to be filed in Miami, Florida and you sue them somewhere else, your case could be barred forever.
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