What happens after you file a cruise injury lawsuit in Miami federal court?

Last updated October 5, 2026.

The case moves through a set series of federal court steps. After the complaint is filed in the U.S. District Court for the Southern District of Florida, the cruise line is served and responds, the lawyers confer and propose a schedule, the judge assigns a case track, both sides exchange evidence, the case goes to court-ordered mediation, and if it does not settle, it is set for a pretrial conference and trial.

This page walks through each step in the Miami federal court, explains who does what, and says what the injured passenger is asked to do along the way. For the time each step takes, see how long a cruise injury lawsuit takes in Miami federal court. For the court itself and its courthouses, see our page for a cruise injury lawyer in Miami. All of this sits within our overview of cruise injury claims.

What are the steps, in order?

1. The complaint. Your lawyer files a complaint that states the claims and the basis for federal jurisdiction, with a civil cover sheet (Local Rule 3.3). A claim designated as an admiralty claim under Federal Rule of Civil Procedure 9(h) must show the words "IN ADMIRALTY" after the name of the court (Local Admiralty Rule A(4)).
2. Service or waiver. The cruise line is served with the summons and complaint, or is asked to waive formal service (Fed. R. Civ. P. 4(d), 4(h)).
3. The response. The cruise line answers or files a motion, such as a motion to dismiss for not stating a claim (Fed. R. Civ. P. 12). A cruise line can challenge, for example, whether a complaint alleges enough facts about notice of a hazard.
4. The planning conference and report. The lawyers meet, by phone or video if they choose, and then jointly file a report and a proposed scheduling order that addresses settlement prospects, other parties, deadlines, electronic records and the proposed track (Local Rule 16.1(b)).
5. The scheduling order. The judge assigns the case to a track and sets deadlines for adding parties, motions, discovery, the pretrial conference and trial.
6. Discovery. Each side makes initial disclosures, then exchanges documents and electronic records, answers written questions, takes depositions and, where appropriate, arranges a medical examination (Fed. R. Civ. P. 26 to 37).
7. Mediation. The court refers the case to a mediator, and mediation must take place no later than 60 days before trial (Local Rule 16.2).
8. Pretrial. Discovery closes, the lawyers meet to discuss settlement and prepare a joint pretrial stipulation, and the judge holds a mandatory pretrial conference attended by the lawyers who will try the case (Local Rule 16.1(c) to (h)).
9. Trial and appeal. The case is tried, and either side may appeal to the U.S. Court of Appeals for the Eleventh Circuit.

What does the complaint have to say?

The complaint tells the court and the cruise line what happened, what claims are made and why the federal court has jurisdiction. Federal courts have original jurisdiction over admiralty and maritime cases, and the court's local rules govern admiralty claims designated under Rule 9(h). How the complaint is framed affects later steps. For example, under Federal Rule of Civil Procedure 38(e), the rules do not create a right to a jury trial on issues in a claim designated as an admiralty claim under Rule 9(h). That is one of the strategic decisions made at the start. Filing a civil action in this court costs $405, and who advances that fee depends on your fee agreement; see how cruise injury lawyers get paid in Florida.

The facts in the complaint also matter early. In Holland v. Carnival Corp. (2022), the Eleventh Circuit affirmed the dismissal of a fall case because the complaint did not allege enough facts about whether the cruise line knew or should have known of the hazard. Read whether you have to prove the cruise line knew about the hazard, and, where a crew member's act caused the injury, how crew negligence claims are framed.

What happens in discovery?

Discovery is how each side gets the other's evidence. Initial disclosures come at or within 14 days after the lawyers' planning conference (Fed. R. Civ. P. 26(a)(1)(C)). Then come requests for documents, including video, incident reports and maintenance records; written questions; and depositions of you, crew members and other witnesses. The court can order a physical or mental examination by a licensed examiner (Fed. R. Civ. P. 35).

Depositions can be taken by telephone or other remote means if the parties agree or the court orders it (Fed. R. Civ. P. 30(b)(4)). Our page on whether you have to travel to Miami for your case explains which steps usually happen remotely. If the cruise line lost video it should have kept, the court has tools under Rule 37(e); see how to get the cruise line's video before it disappears.

What happens before trial?

Under Local Rule 16.1, discovery must be completed no later than 14 days before the pretrial conference. At least 30 days before trial, each side files its pretrial disclosures. No later than 14 days before the pretrial conference, the lawyers meet to discuss settlement, simplify the issues, examine trial exhibits and prepare a pretrial stipulation, which must be filed no later than 7 days before the conference. The stipulation includes each side's statement of the case, the uncontested facts, the issues for trial, exhibit lists with objections, witness lists and the estimated trial time.

A pretrial conference is held in every civil case unless the court orders otherwise, and each party is represented by the lawyer who will try the case. After the conference, the pretrial stipulation, as modified, controls the trial.

What changes the answer?

A limitation of liability action

A vessel owner can file its own federal action to cap its liability, and Local Admiralty Rule F sets the local procedure, including an injunction that stops other proceedings. Read how the Limitation of Liability Act works against passengers.

Other defendants

Adding a foreign tour company or another business brings its own service and jurisdiction questions, and the cruise line may bring in a third party under Rule 14.

The track

The judge's track assignment sets the discovery window: 90 to 179, 180 to 269 or 270 to 365 days from the scheduling order (Local Rule 16.1(a)).

Settlement

A case can settle at any point. If it does, the lawyers file a notice of settlement within 2 court days (Local Rule 16.4). Read what happens at mediation in a cruise injury case.

A child or a death

Claims for minors and for wrongful death bring added steps, such as a representative to act for the child or the estate. See what is different when a child is hurt on a cruise.

What does this look like in practice?

For example, imagine a passenger from New Jersey injured when a crew member pushing a luggage cart strikes her in a corridor. Her lawyers file a complaint in Miami federal court naming the crew member's conduct and the cruise line, and the cruise line waives formal service. Its answer denies fault and argues she was not looking where she was going.

The lawyers hold their planning conference by video and propose the standard track. In discovery, the cruise line produces the corridor video and the crew member's schedule, she answers written questions, and her deposition is taken by video from New Jersey by agreement. The cruise line's chosen doctor examines her near home. Mediation by video does not settle the case, so the lawyers file the pretrial stipulation, attend the pretrial conference, and the case is set for trial in Miami, where she will testify in person.

This example is hypothetical, not a past case or a result.

What mistakes do plaintiffs make during the case?

• Posting about the case online. Social media posts can become evidence in discovery.
• Not keeping records current. New treatment, bills and lost work should be passed to your lawyer as they happen.
• Guessing at a deposition. If you do not know or remember, say so; your testimony is under oath.
• Missing medical appointments. Gaps in treatment can be raised by the defense.
• Not planning for trial dates. Trial is in Miami, so plan travel well in advance once the trial period is set.

What should you do this week?

1. Make a folder for every medical record, bill and receipt related to the injury.
2. List the dates in the coming year when you cannot attend a deposition, exam or mediation.
3. Write down everyone who saw the incident or your recovery, with contact details.
4. Pause or make private any social media posts about the trip and the injury, and do not delete anything.
5. Keep your ticket contract, boarding records and messages with the cruise line together.
6. Ask your lawyer which track the case is likely to be assigned and what that means for the schedule.

Frequently asked questions

Which courthouse will the case be in?

The court lists three Miami courthouses: the Wilkie D. Ferguson, Jr. U.S. Courthouse, the C. Clyde Atkins U.S. Courthouse and the James Lawrence King Federal Justice Building. Hearings are held where the assigned judge sits.

Will I have to testify?

Usually at a deposition, which can often be taken remotely, and at trial if the case is tried. At trial, witnesses' testimony must be taken in open court unless a statute or rule provides otherwise (Fed. R. Civ. P. 43(a)).

Can the case be dismissed early?

Yes, if the complaint does not state a plausible claim, as happened in Holland. A dismissal may allow an amended complaint, depending on the ruling.

Does the judge or a jury decide?

It depends on how the claims are filed. The federal rules do not create a jury right for claims designated as admiralty claims under Rule 9(h) (Fed. R. Civ. P. 38(e)).

Why is my case in Miami at all?

Most cruise tickets contain a forum clause. Read why your cruise ticket says you have to sue in Miami.

This page is general information, not legal advice. Each judge's orders control the details of a case. Contact a lawyer about your specific situation.