A: A Demand Letter (sometimes called a “settlement demand”) is the first formal step toward resolution. It presents the facts of your case, explains why the defendant is responsible, and outlines your injuries, medical treatment, and damages (medical bills, lost wages, pain and suffering, future care, etc.). It typically includes supporting documents like photos, incident reports, and medical records, followed by a specific dollar amount and a response deadline. Demand letters open the door for negotiation before a lawsuit is filed.
A: A Complaint is the legal document that officially starts a lawsuit. It identifies the parties, states the facts, explains the legal basis for the claims (such as negligence or unseaworthiness), and asks the court for specific relief—usually monetary damages. Once filed, the Complaint must be formally served on each defendant, who then has a limited time (usually 20–30 days) to respond.
A: Discovery is the evidence-gathering phase of litigation. Both sides exchange information through:
A: Mediation is a confidential meeting with a neutral mediator who helps both sides explore settlement options. It’s non-binding, which means that no one can force you to settle, but it’s often the most effective way to resolve a case before trial. Many courts require mediation before allowing trial.
A: It depends on the nature of your claim. Many maritime and cruise cases qualify for federal jurisdiction under either maritime law or diversity jurisdiction (when the parties are from different states or countries).
Most cruise line tickets also contain forum selection clauses requiring all lawsuits to be filed in the United States District Court for the Southern District of Florida—even if the incident occurred elsewhere. This is why the majority of cruise injury cases end up in Miami federal court.
If you have the option to file in state or federal court, we’ll evaluate which forum offers the best strategic advantage. Factors include access to a jury, procedural rules, case speed, and the nuances of maritime law. Our goal is always to choose the venue that maximizes your chances of success and efficiency.
A: Most cruise lines and many maritime companies include forum selection clauses in their contracts requiring that all lawsuits be filed in a specific court—most often the U.S. District Court for the Southern District of Florida (Miami). These clauses are generally enforceable under federal maritime law, even if you purchased your ticket or suffered your injury somewhere else.
As a result, passengers from across the United States—and even from other countries—must bring their claims in Miami federal court. Cruise lines centralize litigation there because their headquarters, records, and legal departments are typically located in South Florida.
A: In litigation, a motion is a formal written request asking the judge to make a specific ruling or take a particular action. Think of it as a structured way for lawyers to ask the court to decide an issue—before, during, or even after trial.
Motions can address almost any legal or procedural question. The main categories include:
Each motion requires written arguments supported by law and evidence. The other side responds, and the judge issues a ruling—either granting, denying, or modifying the request.
In short, motions are how attorneys move a case forward, protect your rights, and shape what issues the judge or jury ultimately decide.
A: Dispositive motions are formal requests asking the court to decide part or all of a case without a trial. They can drastically change the direction of litigation by resolving claims, limiting evidence, or narrowing the issues for the jury. The most common types include:
Other specialized motions—like motions to strike, motions to compel, or Daubert motions challenging expert witnesses—can also shape the outcome before trial.
In short, dispositive motions are the legal “chess moves” of litigation. They can determine whether a case proceeds to trial, which evidence the jury sees, and the leverage each side has in settlement negotiations. Our team closely monitors filing deadlines and crafts targeted responses to protect your right to a fair trial.
Q: What is a Daubert motion?
A: A Daubert motion is a pretrial request asking the court to exclude or limit expert witness testimony that doesn’t meet scientific or legal reliability standards. It comes from the U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc. and applies in both federal and many state courts.
Under the Daubert standard, the judge serves as a “gatekeeper”—deciding whether an expert’s opinions are based on reliable principles and methods, not speculation or junk science. Either side can file a Daubert motion:
A successful Daubert challenge can dramatically impact the case. If the defense loses their key expert, their liability or causation argument may collapse. Likewise, if one of your experts is excluded, we may need to supplement or adjust our proof.
Our firm prepares thoroughly for these motions by: