Recently, I got an email from someone in New York asking if we represent people, namely cruise line passengers, who live out of state, in that case New York. The answer is YES.

The would be client asked if she needed a New York attorney. The answer is NO.

At HICKEY LAW FIRM, P.A. we do represent people, cruise line passengers, who live all over the United States and in fact the world. Why? How? THE BOTTOM LINE: Because you the passenger are required to file suit where the ticket requires, not where you live, not where you got on the ship. So, you need a maritime law specialist in the place where the ticket requires. If you sailed on a ship of Carnival Cruise Lines, Norwegian Cruise Lines, Celebrity Cruise Lines, or Royal Caribbean Cruise Lines, you are required to file the suit in Miami, Florida. Writing a letter is not filing suit. Only filing suit will stop the clock on the time limit to file suit which usually is one year from the date of the accident. If you go beyond that limit without filing suit, you will be out of luck; you will have no claim. Only an attorney licensed to practice in Florida can file suit here. Only an attorney who knows martime law-and the cruise lines- should be filing a suit against the cruise lines.

If you were a passenger on a cruise ship and were injured on the ship or on the tender going to or from shore, as a result of the negligence of the ship or cruise line or their employees, call us toll free today at: 1.800.215.7117. We will talk to you and all consultations are free.

We can help you and we are the ones who are qualified to help. We are here in Miami, Florida, the cruise line capital of the world and the place where most passengers will have to file suit. I know. I used to represent the cruise lines, for 17 years. I am a maritime specialist. I am the lawyer who your local lawyer will call for advice and help when the cruise lines deny your claim or refuse to settle with you. Do not waste anymore time. Call us today: 1.800.215.7117. www.hickeylawfirm.com.

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We have been involved in litigation against Carnival Cruise Lines, and other cruise lines, in regard to swimming pool accidents. Specifically, the cruise lines drain the swimming pools every night. When they drain the pools they fix a net over the pool, but the netting is not designed to hold the weight of a person. The crewmembers typically do not tie the netting up so that it would hold the weight of a person.

Yet, some cruise lines, such as Carnival Cruise Lines, continue to use these nets and this method of preventing people of injuring themselves by falling into an empty pool. Further, Carnival knows that passengers typically congregate around the pool deck (Lido Deck). Carnival, and other cruise lines, know that passengers drink, sometimes to excess, on that deck. In fact, there is a pool bar that typically is open and serving drinks at night.

Carnival and other cruise lines also know from their experience over the years, that passengers who drink on the pool deck tend to play with the netting over the pool. The passengers either play with the netting using it as a trampoline or they fall back into the net like an acrobat using it as a landing net. The only problem is that the nets are not designed for that and the crewmembers do not tie it up in such a way that will hold a person’s weight.

This is a combination that has resulting in very serious injury, including traumatic brain injury from a result of passengers hitting their head on the bottom of the pool. We are experienced in handling cases like this and in handling traumatic brain injuries.

Call us today for a free consultation at 1-800-215-7117 so that we can provide you with the advice you need, the representation you want, and the compensation you deserve. Hickey Law Firm P.A. is led by John H. (Jack) Hickey, who is Board Certified as a Civil Trial Lawyer by The Florida Bar and by the National Board of Trial Advocacy.

See our website for information on what to do in the event of an injury on a cruise ship: www.hickeylawfirm.com. See also www.cruiseshipassault.com. The bottom line is get medical care immediately, take photos of the area where you were injured, get the names and contact information of witnesses, and report the accident or incident at once. Also, CALL HICKEY LAW FIRM, P.A., TOLL FREE AT: 1.800.215.7117. Our consultations are always free. We work on a contingency fee basis; if we don’t recover, you don’t pay. Personal injury, wrongful death, sexual assaults, and medical malpractice. This all happens on cruise ships and we have handled these types of claims for 28 years.

STATUTES OF LIMITATIONS: WHAT IS THIS AND WHEN DO I HAVE TO ACT?

I got a call the other day from an attorney in Pennsylvania. He said that his client was raped (“sexually assaulted”) on a cruise ship and that she-the client- had reported it to the FBI. So far, the client did what she should have done.

Then he said that the sexual assault took place about 2 ½ years ago. Oops. I told the lawyer that the one year statute of limitations in her ticket (the cruise line “passenger contract ticket”) had passed and there is nothing I could do now. It is too late to bring a claim.

The cruise lines have included in the fine print on all of the passenger tickets the terms under which you have to bring a claim against them. They say when (usually within one year of the accident or incident) and where ( Miami, Florida if it is Carnival Cruise Lines, Norwegian Cruise Lines, Royal Caribbean Cruise Lines, or Celebrity Cruise Lines). By the way, in order to bring a claim in Florida, it is best to contact a Florida attorney. Each state licenses attorneys to practice only in that state.

Then I asked why she waited so long. He said that the passenger was told by the FBI agent investigating the rape that the statute of limitations was 3 years. Oh well. So much for advice from someone who is not a maritime lawyer. (It is true generally that the statute of limitations for maritime claims is 3 years. However, the cruise lines can limit that to one year, and of course they do in the ticket terms).

This is not meant to be legal advice or to explain everything about statutes of limitations or something you can rely on to determine what your statute of limitations is. To know about that, call a lawyer who knows about the field in which you have a claim.

But here are some of the concepts: The “statute of limitations” for a claim is a general term which means the time within which you have to file a lawsuit. First, it is not always expressed in a statute. Sometimes it is in a contract like a passenger ticket. And there are provisions in some statutes, commonly in medical malpractice statutes, that it starts (“begins to run”) from when you knew or should have known about the medical malpractice. This does not apply to claims for medical malpractice against the cruise lines.

Second, there are different periods of time or statutes of limitations for different types of claims, and the statute can be different in each state. Generally, for maritime seaman’s claims the statute is 3 years; for passengers it is 1 year. Generally, in Florida, for general negligence it is 4 years; for wrongful death it is 2 years; and for medical malpractice it is 2 years.

Third, the only way to stop the clock, beat the deadline, or as the law says “toll the statute” is to file a lawsuit. The clock is not stopped just by reporting the accident. You have to file suit. That means that you have to contact an attorney in time for him or her to evaluate and investigate the claim and to prepare and file a complaint in court. If you wait until the day the statute runs out or the day before it may be too late to do anything.

The best way to determine the statute of limitations is to call an attorney and to tell him or her about your case. The attorney will tell you. Do not rely on someone else or the internet or this blog even. Call the attorney’s office today. You can call us here at Hickey Law Firm, P.A. toll free at 1.800.215.7117. Barbara Hernandez, Karla Huertas, Sandy Talavera, Darby Mitchell, and attorney John H. (Jack) Hickey are here to take your call, get your information, and listen. Thanks.