Trial-Tested vs Settlement-Only Firms
We handle trials and settlements with the client’s goals first
Some law firms push every case toward a quick settlement, even when the offer is too low. Others are ready to go to trial if that is what the case needs. At Hickey Law Firm, we do both. We prepare each case carefully, and we choose the path that makes the most sense for the client, not the one that is easiest for the firm.
The leader of our firm, John H. (Jack) Hickey, is Board Certified as a Trial Lawyer by the National Board of Trial Advocates. And he is Board Certified by The Florida Bar as a Civil Trial Lawyer and in Admiralty & Maritime Law. Hickey got his start representing cruise lines. He is now listed in Best Lawyers in America in Personal Injury, Medical Malpractice, and Admiralty and Maritime Law.
That means we are ready to negotiate when possible and to litigate when a trial is the better option. If you’re looking for a firm that truly has your best interests at heart, contact us today to schedule your free evaluation.
WAS A LAWYER FOR THE CRUISE LINES. NOW A LAWYER FOR YOU ®
Frequently Asked Questions
- Understanding the different paths a cruise ship injury case can take
- What is a pre-suit claim in a cruise ship case?
- What are pre-suit settlements?
- What happens when a case moves into litigation?
- Choosing the right approach for your case
- When filing a lawsuit becomes necessary
- Do you have a local attorney who can handle a cruise ship case?
Understanding the different paths a cruise ship injury case can take
A cruise injury case can follow a few different paths. Some claims begin with the cruise line’s claims department, some settle before a lawsuit is filed, and some have to be fought in court. Knowing the path matters because each stage affects the evidence you need, the pressure the cruise line feels, and the control you still have over the case.
WHEN PEOPLE NEED A SPECIALIST IN LIFE CHANGING INJURIES,
PEOPLE CHOOSE HICKEY LAW FIRM.
What is a pre-suit claim in a cruise ship case?
Some cruise injury cases begin with a claim submitted to the cruise line’s claims department. You and your lawyer submit information to the cruise company and their claims department, explaining your injury and what you’re demanding as far as compensation goes. You should include medical records, an explanation of what happened, and any incident reports that exist.
This allows them to examine what happened and respond before you decide to file a lawsuit or not. This could lead to an early offer that resolves the case.
What are pre-suit settlements?
Settlements prior to filing a suit are known as pre-suit settlements. They may resolve a case faster and also tend to cost less, saving everyone money. These talks are generally based on:
- Medical records and bills
- Evidence of how the injury occurred
- Liability analysis
- Early valuation of the claim
Some law firms focus heavily on settling a case early, while others also look closely at whether filing a lawsuit may be needed to recover fair value. The right answer depends on the facts, not on a one-size-fits-all approach. A settlement before suit can work well in many situations, but only if it truly reflects the harm.
What happens when a case moves into litigation?
If settlement talks do not lead to an acceptable offer for you, the next step is filing a lawsuit. In cruise injury cases, that means filing suit in federal court with a minor exception and almost always in Florida. This is because the Passenger Ticket Contract governs the location of where you have to file suit, the venue. Maritime law always applies.
Once the case is filed, both sides move into discovery. That can include depositions, document requests, expert review, and motions about what evidence can be used. The case continues to be prepared for trial, but many claims actually end up settling at this stage as well.
Jury Trial v. Judge Trial
Generally, the plaintiff or the defendant can choose whether to demand a trial by jury. Maritime cases generally can be decided by either a judge or jury. We have tried both jury and non jury (judge) trials.
In either a jury or a judge trial, the jury or judge decides whether the cruise line was negligent, whether the Plaintiff was negligent, and whether and to what extent that negligence caused the incident (fall, medical malpractice, sexual assault, etc) and what is the right compensation to the Plaintiff, that is, what did the Plaintiff lose.
Choosing the right approach for your case
The right path for your case depends on how serious your injury is, what the cruise line admits, and how much evidence is available. Some claims can be handled early. Others need to be filed in court before the cruise line takes them seriously.
How serious is the injury?
A minor injury and a life-changing injury are not treated the same way. If you have a minor sprain, a short recovery period, and little time away from work, early settlement may be worth considering.
But if you need surgery, physical therapy, follow-up care, or you are still in pain months down the road, the worth of the case is harder to know from the beginning. A settlement should take into account future treatment and how your daily life is affected, not just the first medical costs.
What evidence is available?
Cruise ship cases will be based on available evidence, such as:
- Incident reports
- Medical records
- Photos
- Surveillance footage
- Witness statements
These can all show what happened and who is responsible for the injury. If there's strong evidence early on, the cruise line may be inclined to settle for something that seems fair instead of going to trial.
What is the cruise line’s initial position?
The cruise line’s initial response will tell you a lot about their position and where the case may be headed. If they respond and seem willing to negotiate in good faith, a settlement may be possible.
But if it denies fault, blames you for the injury, or makes a low offer that does not reflect the harm, the case may need to move forward. Delays and excuses often mean the cruise line is trying to wait you out. That is when stronger legal pressure may be needed.
MAKING OUR WORLD SAFER ONE CASE AT A TIME ®
When filing a lawsuit becomes necessary
If the cruise line denies responsibility, the harm is serious, or the offer is too low, a lawsuit may be the better way to go. Filing a lawsuit gives you discovery, which can compel the cruise line to provide records and answer questions under oath.
The correct approach is the one that protects your claim, not the one that is simplest for the cruise company or the firm you have hired. Our Florida cruise injury lawyers can analyze your case, explain the risks and possibilities, and guide you in deciding whether settlement or litigation makes more sense.
Do you have a local attorney who can handle a cruise ship case?
Hickey Law Firm is a Florida-based firm that handles cruise ship injury cases, and we can help, whether the case should be settled or taken to trial. We do not force one approach on every client. We look at the facts, the injuries, the evidence, and what will be best for you. Our Florida offices are located at:
- 804 South Douglas Rd., Suite 373, Coral Gables, FL 33134
- 12150 SW 128th Ct., Suite 225, Miami, FL 33186
If you were hurt on a cruise ship, speak with us as soon as you can. Cruise cases can involve maritime law, strict deadlines, and evidence that should be preserved early, making them more difficult than some other types of cases.
Contact Hickey Law Firm to schedule a free consultation with a law firm that truly has your best interests at heart
A lawyer’s approach matters because cruise lines and insurance companies can tell when a firm is not prepared to fight a case in court. If the other side knows your lawyer will not take a case all the way to trial, this can significantly affect how they handle the settlement negotiations. They may be less likely to make a fair offer because they believe they can save money by offering less.
Our firm doesn't make that mistake. We build cases with a trial in mind from the very beginning. If you have a case and want a firm that can handle both settlement discussions and trial work, you've come to the right place. Contact us today to schedule a free consultation.