Can I get compensation from a cruise line we sailed on if my 10 year-old daughter was injured due to the crew's negligence?
Question Details:
She was walking by a stairway up on the pool deck and 2 workers decided (on a windy day) to carry a stack of 2 chaise lounge chairs down from the deck above. The 2 workers dropped the chairs onto my daughter's arm, which in turn became badly bruised. If it were 2 steps over they would have dropped it on her head which could have been serious. The 2 workers at first lied and said it blew off and then admitted to the supervisor they did drop them. The cruise line did apologize in person but nothing in writing (almost like they didn't want to admit fault) and didn't compensate us.
It can be complex if it was an international cruise. What cruise line? Did she have any problems after the bruising or did it heal correctly?
You should obtain the medical bill and medical report for your daughter. Compensation for the medical bill is straight reimbursement. The medical report will document the nature and extent of your daughter's injury and will be used to determine the amount of compensation she receives for pain and suffering. Compensation for pain and suffering is an amount in addition to the medical bill.
Your daughter's personal injury claim consisting of the medical bill and medical report should be filed with the insurance carrier for the cruise line. If you are dissatisfied with settlement offers from the insurance carrier, you can reject the settlement offers and file a lawsuit on your daughter's behalf for negligence against the cruise line. You will need to be appointed guardian ad litem to sue on behalf of your daughter since your daughter is a minor. If the case is settled, no lawsuit is filed. If the case is NOT settled, you will need to file the lawsuit for negligence prior to the expiration of the applicable statute of limitations or your daughter will lose her rights in the matter forever.
