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Frequently Asked Questions to our Cruise Ship Rape Attorney
Information provided by cruise sexual assault
attorney Jack Hickey
Many clients ask questions regarding attorney fees and case value. We have outlined the questions asked to our Florida cruise ship rape lawyer most often.
- What
are my fees?
In personal injury cases, including cruise ship assaults,
fees are on a contingency basis. That is, if you do
not receive compensation for your personal injury,
we do not charge a fee. In complex commercial litigation,
our fees, of course, are on an hourly basis. We would
like to discuss them with you. All initial consultations
are free.
The Florida Bar requires that each Florida lawyer
provide you, the client, with a Statement of Client's
Rights, and that you sign the statement indicating
you have received it. We provide all of our clients
the Statement of Client's Rights with a written fee
agreement.
- Can
I settle out of court, and what is mediation?
A claim can be settled at any time, including before
the suit is filed, after the suit is filed, and, of
course, before trial is started. Suits and claims
can also be settled during or after trial. Statistically,
most cases settle before trial and few ever go to
trial. John H. (Jack) Hickey and The Legal Team can,
and do, take cases to trial.
Mediation is an informal procedure where all parties
and their lawyers meet in a conference room to attempt
to negotiate a settlement. At mediation, I will make
a brief presentation discussing our side of the case
with the mediator (usually a retired lawyer or a judge)
and, of course, with the lawyer for the other side
and his or her representative (usually the insurance
company adjuster). The lawyer for the other side will
then make a brief presentation about their side of
the case. You are required to attend mediation, but
you are not required to say anything or to settle.
After the initial presentations are made, the mediator
will meet with you and me separately from the other
side and their lawyer. The mediator will then discuss
the positives and negatives of our case and attempt
to persuade us to lower our demand. The mediator will
then meet with the other side, also in private, and
attempt to persuade them to increase their offer to
us. This process can be as short as one hour or can
go on for several hours. The court orders that mediation
takes place and that you and the other side appear
in person at the mediation. The court does not order,
of course, that the case settle at mediation.
- How
much is my personal injury case worth?
Every case is at least slightly different. In personal
injury cases, you are entitled to compensation for
such things as pain and suffering (past and future);
lost wages and ability to earn income (past and future);
medical expenses (past and future); disfigurement;
disability, and loss of enjoyment of life (past and
future). In order to evaluate your personal injury
claim, we will have to speak with you and ask you
some questions. Some of the questions we will ask
are the following (you can speed up the process by
providing this information in your e-mail or telephone
call):
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Full name, address, telephone
number, fax number, and e-mail.
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Date of birth.
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When did the accident or
incident occur (date and time)?
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Where did the accident happen?
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Describe what happened and
what caused the accident.
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Describe your injuries.
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When and how long were you
treated in a hospital or by physicians?
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Have you had surgery? How
many? What kind?
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What are your medical expenses,
including those that have been paid for and
those that have not (and what medical expenses
do you anticipate having in the future)?
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Have you lost time from
work as a result of your accident? How much
in lost wages have you incurred so far? How
much in lost wages will you incur in the future?
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Describe your disabilities
and what you can't do now that you could do
before the accident.
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Were you ever treated for
this type of injury or problem before this accident?
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SHOULD I, AS AN ACCIDENT VICTIM, NEGOTIATE WITH THE INSURANCE ADJUSTER (OR THE COMPANY, THE CRUISE LINE, OR THE RAILROAD), AND WHY NOT AREN’T THEY ON MY SIDE?
No. The insurance adjuster is not on your side. He or she is trained to negotiate and they know the law. Also, they are removed from the situation and you are not. You are personally involved, and you need to take yourself out of it. Get professional help. Call a Miami cruise ship rape attorney. If your case fits the type of case we take, we will represent you. If not, and if we are able to, we will help you get the lawyer you need.
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I
had an accident on a cruise ship and I live outside
Florida. Don’t I need a lawyer who is here
where I live? Don’t I need a lawyer where
the cruise ship left from?
You need a lawyer who is where the cruise ship requires you to sue, and you need a maritime attorney who knows the cruise lines. Where your lawyer should be located: MIAMI. In the ticket for the cruise, there is a lot of fine print. In that fine print, it says where you are required to file suit against the cruise lines. (It also says that you have to give them notice within a certain period of time –usually 6 months—and to file suit within a year). For Carnival, Norwegian Cruise Line, and Royal Caribbean Cruise Line, they require that you sue in MIAMI. WHAT KIND OF LAWYER: A cruise ship rape attorney who knows the cruise lines. The maritime law applies. We know maritime law. We know the cruise lines. Jack Hickey used to represent the major cruise lines for 17 years. Now he is here for you.
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If
I have been the victim of a sexual assault on a
cruise ship, what do I do and where can I turn?
Here are our 10 TIPS for what to do if you are sexually assaulted onboard a cruise ship:
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Report it immediately
to the security officer onboard the ship.
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Go to the ship’s
infirmary immediately for treatment of any
physical injuries and to report the incident.
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Get the names of all of
the crewmembers involved or who were nearby.
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Get the full names and
all contact information of all passengers
with any information.
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Report the incident immediately
to the FBI. Yes, they do investigate these
incidents.
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Go immediately to the
nearest rape treatment center. Every major
hospital has one. The ER’s of most hospitals
have rules and protocols for treating and
testing for rape.
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Go immediately to get
medical treatment for your physical injuries
or problems. This would include a gynecologist,
orthopedic surgeon, plastic surgeon, and family
doctor.
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Take photos of any physical
injuries or bruises. “A picture is worth
a thousand words”.
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Seek psychological counseling.
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CALL US TODAY TOLL FREE
AT 1.800.215.7117. We can help. We have experience
in representing the victims of rape, sexual
assault and sexual battery on cruise ships.
John H. (Jack) Hickey represented the major
cruise lines for 17 years and now represents
you the seriously injured person. Jack is
Board Certified as a Civil Trial Lawyer by
the National Board of Trial Advocacy and by
The Florida Bar; Past President of the Dade
County (Miami) Bar Association; and has been
recognized by his peers as a “TOP LAWYER”
by the South Florida Legal Guide in the areas
of Maritime and Personal Injury; as a “SUPERLAWYER”
(top 5% of lawyers) by Superlawyer Magazine;
and as a “LEGAL ELITE” (top 1.7%
of lawyers) by Florida Trend Magazine. Call
us for a free consultation today at 1.800.215.7117.
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Can
you tell me how much my case is worth?
No one over the phone can really
tell you how much your case is worth. It depends
on a whole set of factors. Generally, lawyers
and the adjusters for the big companies evaluate
a claim based on the liability, that is fault,
and on damages. Liability is who and how much
the company is at fault and how much you are at
fault. The jury in court gets to compare the fault
of the company and your fault.
Damages usually include compensation
for:
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Medical expenses in the
past and in the future
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Lost income in the past
and in the future which is actually the loss
of the ability to earn income
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Pain and suffering in the
past and in the future
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Loss of the enjoyment of
life in the past and in the future
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Scarring and disfigurement
in the past and in the future
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Disability in the past and
in the future
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Mental anguish in the past
and in the future
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Loss of consortium that
is the loss of the companionship and affection
of a spouse in the past and in the future (this
generally is not available in maritime law).
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WHY SHOULD WE HIRE YOU?
You should hire any Florida cruise ship rape lawyer only after you have looked at their background, education, and experience, and, of course, their results. All of this is on our website. Jack Hickey has a unique blend of Experience, Leadership, and Results. He is recognized as one of the nation’s leading trial attorneys, is a leader in the legal community, and has achieved outstanding results for his clients. You be the judge. Call us for a free consultation today: 1.800.215.7117.
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How
can I afford an attorney? How do you charge?
3 points:
(1) FREE CONSULTATIONS:
We offer free consultations about your case.
Call us; we like to ask a lot of questions about
what happened.
(2) NO OBLIGATION.
When you call us about your case, you are
not committed or obligated in any way. Of
course anything you tell us is strictly confidential
even if you never hire us.
(3) CONTINGENCY
FEES. This is how we charge. If
we do not recover, you do not pay. The full
terms of all of this are in our fee agreement
which we will give you a copy of and which
we can explain to you.
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If
I call you, are you going to charge me?
No. All consultations are free. Of course,
everything you tell us is confidential even if you
never hire us.
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What
do you do after I hire you, and will I be required
to do anything for my claim or my lawsuit?
With every case, we have a
game plan, a plan of action. First, we get as
much information from you and your family as possible.
We do this by our in office or over the phone
interview of you. We also send you a checklist
of things to do and to get us. This is your homework
assignment. Next we investigate. That may mean
that we talk to witnesses, including you and your
family and friends. That also may mean getting
whatever reports are out there on the incident.
We also take photos or have them taken of you
and of the scene. Then we get other records like
medical records and bills. If necessary we prepare
a complaint to file in court. After that, in the
lawsuit, we will send out what is called discovery
to the other side. That is primarily interrogatories
(written questions to be answered under oath),
request to produce (a request for documents and
items), and notices of deposition (a notice to
the other side that we are going to take the deposition
of their representative. This is a sworn statement
where the witness in the presence of his or her
attorney, and all of the attorneys on the case,
and a court reporter and sometimes a video camera
answers questions about the case, their involvement
and knowledge).
You will be required also
to participate in discovery as well. You also
will have to answer interrogatories, and provide
documents, give a deposition, and go to a doctor
hired by the insurance company.
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My
medical bills are piling up; what do I do about
those? Can’t we just send them to the cruise
line/insurance company/company/railroad?
Generally, the company will
not pay these, unless there is a settlement or
a jury verdict. Unfortunately you have to deal
with them.
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How
do I get started? What is the first step now?
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Are
there time limits on when I have to act? What
time limits do I have?
-
There are always time limits
and deadlines in the law. This is not legal advice
and the only way we can tell you accurately what
your time limits are is to speak with you and
learn about your case. However, we want you to
know the basics.
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When you sue a government or
the cruise lines there are time limits on giving
notice of the claim. This notice is before you
file a lawsuit.
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There is always a deadline
for actually filing a lawsuit. This deadline is
called a “statute of limitation”.
The deadline or statute of limitation, usually,
begins to run from the date of the accident or
incident.
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For a cruise ship accident,
or any accident or incident involving a passenger
on a cruise ship, the deadline is 1
year. For an accident on land, the
deadline in Florida usually is 4 years.
For medical malpractice, the deadline is 2
years. The medical malpractice deadline
begins to run from the incident or from when you
the patient knew or should have known of the negligence.
You need to hire an attorney
well BEFORE these deadlines expire. That is why
we recommend that you CALL TOLL FREE
TODAY: 1.800.215.7117.
- I
sent a letter to the cruise line or to the store or
to the place where I had my accident. Isn't that enough
to the file a claim?
If you file in the wrong court
or past the deadline, you have no claim. We know
what court is right. At HICKEY LAW FIRM, P.A., we
have the staff and attorney to assist you. The lead
trial lawyer is John H. (Jack) Hickey. He has 28
years of experience practicing law; is Board Certified
as a Civil Trial Lawyer; is rated A/V by the international
legal directory Martindale-Hubbell (the highest
rating, achieved by only 5% of lawyers); and is
Past President of the Dade County Bar Association.
Hickey represented the cruise lines, railroads,
and insurance companies for the first 17 years of
his practice. For the last 11 years, he has represented
the seriously injured against the cruise lines,
railroads, and insurance companies. CALL
TOLL FREE TODAY 1.800.215.7117.
- I
don't live in Florida. Can't I hire a lawyer here
and file a lawsuit against the cruise lines here where
live?
No. You have to file suit against
the cruise lines where the ticket requires you to
file. For Carnival Cruise Lines, Norwegian Cruise
Lines, Royal Caribbean Cruise Lines, and Celebrity
Cruise Lines, Costa Cruise Lines, and some others,
the place is Miami, Florida.
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Do
I have a claim? Do I have a good case?
We can tell you about your case when we talk to
you. And we do not charge for consultations. That’s
right; ALL CONSULTATIONS ARE FREE.
That is why we say: CALL TOLL FREE TODAY:
1.800.215.7117.
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What
are the top 10 things to do if I have been the victim
of sexual assault?
- Report it immediately to the security officer
onboard the ship.
- Go to the ship’s infirmary immediately
for treatment of any physical injuries and to
report the incident.
- Get the names of all of the crewmembers involved
or who were nearby.
- Get the full names and all contact information
of all passengers with any information.
- Report the incident immediately to the FBI.
Yes, they do investigate these incidents.
- Go immediately to the nearest rape treatment
center. Every major hospital has one. The ER’s
of most hospitals have rules and protocols for
treating and testing for rape.
- Go immediately to get medical treatment for
your physical injuries or problems. This would
include a gynecologist, orthopedic surgeon, plastic
surgeon, and family doctor.
- Take photos of any physical injuries or bruises.
“A picture is worth a thousand words.”
- Seek psychological counseling.
- CALL US TODAY TOLL FREE AT 1.800.215.7117.
We can help. We have experience in representing
the victims of rape, sexual assault and sexual
battery on cruise ships. John H. (Jack) Hickey
represented the major cruise lines for 17 years
and now represents you the seriously injured person.
Jack is Board Certified as a Civil Trial Lawyer
by the National Board of Trial Advocacy and by
The Florida Bar; Past President of the Dade County
(Miami) Bar Association; and has been recognized
by his peers as a “TOP LAWYER” by
the South Florida Legal Guide in the areas of
Maritime and Personal Injury; as a “SUPERLAWYER”
(top 5% of lawyers) by Superlawyer Magazine;
and as a “LEGAL ELITE” (top 1.7% of
lawyers) by Florida Trend Magazine. Call
us for a free consultation today at 1.800.215.7117.
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Where
do I have to file my claim?
Miami, Florida if it is Carnival Cruise Lines (owned
by Carnival Corp.), Royal Caribbean Cruise Line
(owned by Royal Caribbean Cruises, Ltd.), Celebrity
Cruise Lines (owned by Royal Caribbean Cruises,
Ltd.) or Norwegian Cruise Lines (owned by NCL (Bahamas)
Ltd. or NCL America, Inc.).
- Why DO I HAVE TO FILE MY CLAIM THERE?
Because the ticket in small print requires you to
file there. These clauses in the tickets are called
in the law venue selection clauses. They tell you
what venue, that is what location, you have to file
suit in.
These clauses have been tested in court. They are
enforceable. The United States Supreme Court in Carnival
Cruise Lines v. Shute, the Court affirmed the
Ninth Circuit Court of Appeals which held that the
venue selection clause in the Carnival ticket was
enforceable.
The venue selection clause in those tickets requires
you to file suit no matter where the ship left from
or where the ship was going to. In other words, the
cruise lines get to select where you have to sue them
under our law. The cruise lines above have selected
Miami, Florida because they are based here.
The ships owned and operated by Carnival Corporation
under the trade name of Carnival Cruise lines are:
- Carnival Conquest
- Carnival Destiny
- Carnival Dream
- Carnival Ecstasy
- Carnival Elation
- Carnival Fantasy
- Carnival Fascination
- Carnival Freedom
- Carnival Glory
- Carnival Imagination
- Carnival Inspiration
- Carnival Legend
- Carnival Liberty
- Carnival Miracle
- Carnival Paradise
- Carnival Pride
- Carnival Sensation
- Carnival Spirit
- Carnival Splendor
- Carnival Triumph
- Carnival Valor
- Carnival Victory
- Holiday
The ships owned or operated by
Royal Caribbean Cruise line (owned by Royal Caribbean
Cruises, Ltd) are:
- Adventure of the Seas
- Brilliance of the Seas
- Enchantment of the Seas
- Explorer of the Seas
- Freedom of the Seas
- Grandeur of the Seas
- Independence of the Seas
- Jewel of the Seas
- Legend of the Seas
- Liberty of the Seas
- Majesty of the Seas
- Mariner of the Seas
- Monarch of the Seas
- Navigator of the Seas
- Radiance of the Seas
- Rhapsody of the Seas
- Serenade of the Seas
- Sovereign of the Seas
- Splendour of the Seas
- Vision of the Seas
- Voyager of the Seas
The ships owned or operated by
Celebrity Cruise Lines (owned by Royal Caribbean
Cruises, Ltd.) are:
- Celebrity Century
- Celebrity Constellation
- Celebrity Equinox
- Celebrity Galaxy
- Celebrity Infinity
- Celebrity Mercury
- Celebrity Millennium
- Celebrity Solstice
- Celebrity Summit
- Celebrity Xpedition
The ships owner or operated by
Norwegian Cruise Lines (owned by NCL (Bahamas) Ltd.
or NCL America, Inc.) are:
- Norwegian Dawn
- Norwegian Dream
- Norwegian Gem
- Norwegian Jade
- Norwegian Jewel
- Norwegian Majesty
- Norwegian Pearl
- Norwegian Sky
- Norwegian Spirit
- Norwegian Star
- Norwegian Sun
- Pride of America
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| If you are a raped crew member or if you are the victim of rape on cruise ships, our cruise ship rape attorneys can help; call our Miami law firm now for a private, free discussion of your case and to answer any additional questions you have.
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