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 50 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 50 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.
Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.
Sue from Carlingford, a client of our Common Law division.
What would of we done without the wonderful team from Brydens Lawyers? During a very difficult time in our life they were able to ease a situation with professionalism, compassion and positive support. The Brydens Lawyers team have the ability to connect with people and have a drive of excellence in everything they do. We highly recommend Brydens Lawyers, we are very grateful to the wonderful team.
Tracie and Adam C, clients of our Common Law division.
Thank you SO much! Lee, Bill, Steven, Natalia and Carly are extremely helpful at a time of extreme stress! Lee what you did today, blew me away! I cannot thank you enough!
Joanna C, a client of our Common Law division.
Recently I concluded a very long Common Law case against my employer for a significant injury I received in the workplace. Brydens Lawyers worked tirelessly to get the best possible result. I was kept informed during the process & they ensured that my input was respected every step of the way. It is a long and at times stressful process, however I always felt my legal team had my very best interest in the forefront at all times. I cannot thank them enough.
Sharon B, a client of our Common Law division.