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Do I have to pursue my claim in Miami for my cruise ship injury?
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Question: I fell while I was on board a cruise ship, due to a broken railing. It was clearly the cruise ships fault, and I want to sue them for my injuries, which include a broken back. I am injured, obviously, and can’t really travel very well, which I told the lawyer from the cruise ship that has been talking to me. He said that I have to file my case in Miami and go there to prove it, but I can’t travel there because of my back. Is this true?
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The answer to your question depends on the contract you signed when you purchased the cruise tickets. Many cruise ship contracts have something called a forum selection clause, which restricts the location where you can file a claim. As long as the location makes sense- for example, if Miami is the place your cruise left from or the cruise ship company does significant business in Miami- you may have no choice but to file your case there. Your best option would be to speak with a personal injury attorney who is experienced in cruise ship injuries, to discuss the injury and the potential location for a lawsuit.
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Posted by Christy Rakoczy on 21 Jan 2010
1 person found this useful
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