The Uniqueness of the Litigation Process in Cruise Ship Injuries

Oct 17
09:51

2007

Lala C. Ballatan

Lala C. Ballatan

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Difference of cruise ship injury cases' litigation process

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Taking a vacation by way of a cruise is such a great opportunity and adventure for anyone. However,The Uniqueness of the Litigation Process in Cruise Ship Injuries Articles much as you try to prevent accidents and other such unexpected incidents, what can you do when you suffered from injuries and other damages while on a cruise ship?

 

For those who may not know it yet, the applicable laws imposed on operators of the cruise ship have a considerable difference for most other personal injury provisions for other cases.

 

Even if you are not a victim, it is quite important that you understand the different rules involved in the litigation processes of cruise ship personal injuries.

 

On the other hand, if you or a loved one of yours is victim of an accident while on a cruise ship, being able to know and discern the different rules is essential. You also have to confer with a professional litigation lawyer with extensive experience in Maritime and Admiralty Laws. He / she will be the qualified one to determine the best strategies to take in order to obtain just compensation.

 

Here are the important and unique factors you have to know and figure out:

 

Contracts of Adhesion – this is among the most important factor that affects the passengers' personal injury claims against the cruise ship companies. These contracts are non-negotiable and are established by the time a passenger purchased a cruise ship ticket. 

 

The following are but several of the most significant points in these agreements:

 

  • Choice of law - cruise lines are operating out of several "ports of call" located in many different areas around the globe. To avoid divergence, most of them have contract stipulations that indicate which laws of a country that covers their lines can be used when resolving conflicts that may arise.

 

The forum selection stipulation is different from this. This concerns the laws, which the court will use to decide on your case and not the actual location where your case can be heard.

 

  • Forum selection – this is a provision stipulating a possible solution to the cases involving two locations or more in which the cruise ship injury case could be submitted for trial. This is actually a lawful principle wherein two parties concur on the basis of a contract, to resolve whatever grievances in specific venues or locations.

 

  • Shortened SOL or statutes of limitations – SOL concerning maritime incidents is usually three years. Conversely, cruise lines already have contractual stipulation indicated in their tickets shortening the SOL into just a year.

 

If you find that the cruise line you were in have shortened the SOL for the filing of cases, then make sure that you quickly seek expert legal advice.

 

A contractual agreement gives light to each of the factors given. Normally, they are already described on the cruise tickets. Each of these stipulations can have significant effects on the possibility of your receiving a just settlement.

 

Still, there is also a probability that your litigation lawyer work within the stipulations of the contract. Several instances may arise wherein these contract provisions could be ruled as invalid. You only need to find an injury litigation lawyer with capability and experience of these cruise ship cases.

Our professional LA litigation lawyers have significant records of accomplishment in handling Los Angeles personal injury litigation. Please visit our website at http://www.mesrianilaw.com/Los-Angeles-Personal-Injury-Litigation.html for more information.