Injured on a Cruise Ship
Injured on a Cruise Ship
There has been a significant increase in the popularity of cruise ships as a holiday option for Australians particularly over the last few years. Cruises are now available in Australian waters, the South Pacific, the Americas, the Caribbean and the Mediterranean.
Regrettably, like all other aspects of our lives, accidents do happen. Cruise ships are no exception. It has been our experience in that there is always a cause. If an accident occurs on a cruise ship as a result of which you suffer injury then you may be entitled to bring a claim for damages.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
Depending on where the cruise ship was at the time of the accident can determine the law that applies. If the accident occurred in international waters, then Maritime Law applies. This can be a very complex and complicated area of law to apply so far as the claiming of compensation is concerned.
Also, many cruise ships will have within their travel documentation a disclaimer or waiver which will try and limit or negate the liability of the cruise ship operator for any injuries sustained during the course of the cruise.
Claims can also be brought under the Australian Consumer Laws which can offer us protection even when we are overseas. Your cruise ship ticket/contract may also contain an exclusive jurisdiction clause which can determine the court you are able to bring your claim in, so it is important to keep a copy of your travel documents.
If you had taken out a valid travel insurance policy, your travel insurance may assist with the payment of medical expenses, however this will not preclude you from bringing a claim for compensation.
WHAT ARE YOU
ABLE TO CLAIM?
Your cruise ship contract and the location of your accident (whether it was at sea or in local waters) will determine under what legislation your claim is brought.
If you are eligible to make a claim for damages under one or more of the statutory regimes, you may be able to claim:
- General damages for pain and suffering.
- The costs of past and future medical expenses
- Past and future lost wages
- The value or cost of past and future care or domestic assistance required as a result of the accident.
- A contribution towards your legal costs.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
Strict time limits apply with respect to bringing a claim for injuries you sustained on a cruise ship. Generally, you have two years from the date of the accident to bring proceedings against the cruise line and after such time, your claim could be statute barred.
WHAT IS YOUR
Once those who have been injured have been provided with proper medical treatment Brydens Lawyers should be consulted for the purpose of determining whether any claim is available for compensation for the injury sustained.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers have for over 40 years been prosecuting personal injury claims on behalf of persons injured on cruise ships to ensure that they receive the compensation to which they are entitled.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
LATEST NEWS FROM LEE
It was recently reported (SMH 23 February 2020) that the NSW State Government is considering changes to the workers compensation scheme which will provide for injured workers having to pay a "gap fee" for some medical treatment.
Apparently the State Insurance Regulatory Authority is considering the proposed changes and submissions made by Icare. Icare is the insurer responsible for about 75% of all claims made by injured workers and therefore submissions made by Icare would appear to carry a significant amount of weight with the government.
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