A trip on a boat or ship should be a pleasant adventure. However, like all forms of transportation, there are risks to personal safety. Ferry accident claims for compensation could apply if those responsible fail to meet the health and safety requirements and you’re injured.
There are eligibility criteria that apply to making a personal injury claim, which we explain. Compensation always differs, but your evidence can be used to calculate a fair and full amount. We outline the process and provide all the key information you need to know, including claim time limits, accidents in international waters, and the process for claiming as an employee on a ferry.
The guide concludes by explaining how our solicitors could help. They have decades of expertise handling ferry accident claims for compensation. By offering their services under a type of No Win No Fee agreement, they make expert legal representation accessible for everyone, regardless of financial status. Read on to learn more or:
- Call our advisors on 0800 073 8804 to discuss now.
- Contact us online.
- Ask a live chat question below and find out how to claim.
Frequently Asked Questions
- Can I Make A Claim For A Ferry Accident?
- How Much Compensation Is Paid In Ferry Accident Claims?
- What Are Some Examples Of Accidents And Injuries On A Ferry?
- What Should I Do After Being Injured In A Ferry Accident?
- How Long Is Given For Making Ferry Accident Claims?
- No Win No Fee Ferry Accident And Injury Claims
- Why Choose Legal Expert
- Frequently Asked Questions
- Learn More
Can I Make A Claim For A Ferry Accident?
In local UK waters, the Occupiers’ Liability Act 1957 details the duty of care. This is a piece of legislation that applies to occupiers and owners of public spaces. It states that these entities must ensure that the space or service provided keeps the public reasonably safe.
You can make a ferry accident claim if your case meets certain criteria. You need to show the following:
- A duty of care protected you at the time of the accident.
- Those responsible breached their duty of care.
- You can prove you suffered injury as a result.
Ferries In International Waters
The Athens Convention is an international treaty that sets out the rights of passengers who are injured, killed, or who lose luggage while travelling on ships engaged in international sea voyages.
Its purpose is to make ferry and cruise operators legally responsible for passenger safety and to give travellers a clear route to claim compensation after an accident at sea.
The UK is a signatory, so it applies to many ferry journeys starting or ending in the UK.
Can I Claim If I Was Injured Whilst Working On A Ferry?
As a worker on a ferry, your employer owes you a duty of care as detailed under the Health and Safety at Work etc Act 1974 (HASAWA). Employers must take reasonable steps to ensure the safety of workers as they perform their duties.
Failure to carry out the appropriate protocols could result in injuries to a ferry worker. For example, the operator may fail to train staff on the correct procedures for dealing with an emergency. Or fail to provide them with safe-to-use equipment. Also, inadequate workplace lighting might cause a worker to slip and give rise to a claim.
If you would like free guidance, please reach out to our advisors. They can assess the strength of your claim in one call. If it’s valid and you want to proceed, they will connect you with our ferry accident claims solicitors.
How Much Compensation Is Paid In Ferry Accident Claims?
To understand how much compensation is paid in ferry accident claims, we look at two areas called general and special damages. Special damages looks at financial harm whilst general damages place a value on the following:
- The physical pain and suffering.
- Any psychological harm.
- The severity and extent of the injury.
- The long-term impact on the person’s quality of life and damage to things they enjoyed (loss of amenity).
Those responsible for evaluating general damages often use medical evidence to assess these issues. Additionally, they frequently consult publications such as the Judicial College Guidelines (JCG). This publication provides compensation guidelines for a wide range of injuries, categorised by their severity. They come from past cases that were successful, but are strictly suggested guidelines and not guaranteed amounts.
Importantly, if your claim for compensation is being made after an accident in international waters, the Athens Convention tariff amounts will be different to the Judicial College ones shown. Also, the first line in our table is not from the Judicial College Guidelines.
Compensation Guidelines
| INJURY AREA | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Several severe injuries and Special Damages awarded for care, medical treatment and lost income. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 increasing to £493,000 |
| (c) Moderate (iii) | £52,550 increasing to £110,720 | |
| Leg | (ii) Very serious | £66,920 increasing to £109,290 |
| Knee | (a) Severe (ii) | £63,610 increasing to £85,100 |
| Back/Spine | (a) Severe (iii) | £47,320 increasing to £85,100 |
| Neck | (a) Severe (iii) | £55,500 increasing to £68,330 |
| Hips/Pelvis | (b) Moderate (i) | £32,450 increasing to £47,810 |
| Wrist | (b) Significant | £29,900 increasing to £47,810 |
| Hand Injuries | (f) Severe | Up to £44,840 |
| Ankle | (c) Moderate | £16,770 increasing to £32,450 |
Alongside general damages, you could include financial harm as part of your claim. Special damages consider the monetary loss or expense caused by the ferry injury. Therefore, to include anything like this in your claim, you need documented evidence such as the following:
- Any payslips or bank statements that prove a drop or loss in earnings after the accident.
- Proof of private medical costs.
- Receipts and invoices for the care provided to you by professional carers, family or friends.
- Tickets, taxi receipts, parking and petrol for essential journeys.
- Proof of damage to personal items (like eyewear or a smartphone).
- The costs of current or predicted physiotherapy.
- Estimates for any changes needed at home or to your vehicle to deal with the injuries.
Our solicitors are experts at helping claimants gather proof of financial harm. They will also calculate general damages in a thorough and detailed way. Combined, you could get a much more accurate idea of the total compensation owed to you. Call to learn more.
Will All Ferry Accidents Be A Result Of Negligence?
Not all ferry accidents are the result of negligence. There can be instances where an accident is the result of rough seas and nothing the ferry operator could do would prevent harm or damage. Also, mechanical failure and human error can occur in a way that isn’t automatically negligent. For example, adverse weather may mean that poor visibility prevents the captain from docking the ferry safely or correctly.
It might not be immediately apparent who was responsible for your accident and injury. Or you might feel you contributed to the accident as well. A claim could still apply. It’s helpful to check with a knowledgeable source. Simply speak to our advisors about ferry accident claims and negligence to get a clearer idea.
What Should I Do After Being Injured In A Ferry Accident?
Immediately after being injured in a ferry accident, it’s important to seek medical attention and raise the alarm with the ferry operator. Once you have time to gather yourself, you should seek evidence that proves how the accident happened. For example:
- Request copies of onboard CCTV footage.
- Get the contact information of any witnesses. A solicitor acting for you can obtain a statement from them to strengthen your claim.
- Get a copy of any onboard accident log kept by the ferry operator.
- Take photos of the injury and the cause.
- Obtain copies of medical records that detail the injuries you sustained.
- Keep a small amount of the food, or a copy of the menu, in cases of suspected food poisoning.
Understandably, in the aftermath of an accident, you might not be able to gather evidence. It is possible to gather some proof after the event. Our solicitors can help with this if you appoint one. Call our team for more information.
How Long Is Given For Making Ferry Accident Claims?
Ferry accident claims are typically subject to a 3-year time limit, as outlined in the Limitation Act 1980. However, if you are claiming under the Athens Convention, then the time limit is a strict 2 years from disembarkation.
Under the Limitation Act 1980, the limitation period begins from the date of the accident. It can be altered for the following two groups:
- Minors (people under 18) cannot claim independently until they reach the age of 18. The 3-year time limit starts from this birthday (giving them until 21 to claim).
- Time limits are frozen for people who lack the mental capacity to claim themselves. Instead, the 3-year time limit activates from the date mental capacity might be regained.
Both categories of claimant may be eligible for someone else to initiate a claim on their behalf. The courts may appoint a family member or other responsible party as a litigation friend. They act in the person’s best interest, but can only do so while the time limit pauses are in effect.
Our advisory team can answer any questions you may have about litigation friends, and time limits. Additionally, they can provide general information about the ferry accident claims process, so please get in touch now.
No Win No Fee Ferry Accident And Injury Claims
Our solicitors offer their expert services in a way similar to a No Win No Fee agreement. By funding your legal help through a Conditional Fee Agreement (CFA), you can access the following benefits:
- No upfront solicitor’s fees.
- No solicitor’s fees on your claim as the work goes forward.
- No solicitor’s fees if the claim fails.
- A success fee is payable to the solicitors if the claim is successful. This is a percentage of the compensation deducted after the claim is settled.
- This success fee is limited by the Conditional Fee Agreements Order 2013. As a result, the person claiming can expect to receive the majority of the payout.
Claiming this way could remove the worry of solicitors’ fees and provide you with the confidence to launch your claim. Contact our advisors to find out whether our solicitors can start a ferry accident claim on your behalf.
Why Choose Legal Expert?
There are a number of reasons why you could consider using Legal Expert to help with your claim. Firstly, funding your legal representation through a CFA means a skilled expert can thoroughly review your claim. They can help you collect essential evidence, such as witness statements and medical reports. They’ll also calculate a full and accurate amount of ferry accident compensation for you.
Additionally, they will handle all communication with the ferry operator and ensure that your claim is submitted on time and in full. Allowing you the opportunity to concentrate on your recovery. Why not take a moment to see if our solicitors could help you?
- Call our advisors on 0800 073 8804 to discuss how to claim compensation on a No Win No Fee basis.
- Contact us online.
- Ask live chat a question about ferry accident claims.
Frequently Asked Questions
The following are some FAQs on the topic of ferry accident claims. Please get in touch if you have questions of your own:
Do I Have To Be Back In The UK To Start A Ferry Accident Claim?
No, you do not need to be back in the UK in order to commence your ferry accident claim for personal injury compensation.
Can I Make A Ferry Accident Claim On Behalf Of A Loved One?
Ferry accident claims can be started on behalf of a loved one when the courts appoint them as a litigation friend. Our section above details this.
Will I Need To Go To Court For A Ferry Accident Claim?
Personal injury claims very often do not end up in court. Often a settlement is reached beforehand, particularly with a solicitor to help.
How Long Will It Take To Settle A Claim For A Ferry Accident?
There’s no hard and fast rule for how long it takes a claim to settle. There’s generally a 3-year limit to start one, but after this, it depends on the complexity of the claim and severity of injury.
Learn More
In addition to the information here about ferry accident claims, please read the links below for more:
- This guide looks at personal injury claims on P&O Ferries.
- Here we look at Brittainy Ferries claims after an accident.
- Also, read more about DFDS Seaways personal injury claims.
Some external resources to help:
- Here is information about Statutory Sick Pay (SSP) if you can not work after your injury.
- Additionally, this resource provides instructions on getting copies of your medical records.
- Lastly, read how to access CCTV footage of yourself.
In conclusion, thanks for reading our guide on ferry accident claims and please get in touch if we can be of any further assistance.
