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DFDS Seaways Ferries Personal Injury Claims Guide

DFDS Seaways operate ferries from the UK to European destinations departing from Dover, Newcastle and Newhaven. Whilst they’re one of the largest operators of ferries in the UK, accidents could still happen on their ships. This guide is therefore about DFDS Seaways ferries personal injury claims. We’re going to look at when you could claim compensation for a DFDS accident that was caused by negligence. We’ll review the types of accident that could occur, ferry passenger rights and the potential compensation you could claim for.

DFDS Seaways ferries personal injury claims information

Legal Expert specialises in personal injury claims. Our advisors provide free legal advice about making a claim. They’ll also assess your claim on a no-obligation basis. Should the claim have a chance of being successful, you could be introduced to one of our No Win No Fee solicitors. If you’re already in a position to begin your claim, please call 0800 073 8804 today.

Alternatively, to find out more about how we could help you claim for an accident on a ferry, please continue reading.

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A Guide To DFDS Seaways Ferry Personal Injury Claims

In this guide, we’re going to look at what your rights are as a ferry passenger. We’ll also look at the different pieces of legislation that can be used to support any personal injury claim. Then we’re going to look at some of the more common scenarios which could lead to a claim.

Before we do though, we’re going to discuss the evidence you can use to support your claim. All personal injury claims require evidence to show what happened, who caused the accident and what injuries were sustained. Therefore, if you’re involved in a DFDS accident, you should:

  • Report the accident to staff so that an accident report is logged.
  • Visit a doctor or hospital to have your injuries treated.
  • Take photographs of the accident scene.
  • Ask witnesses for their details.
  • Obtain copies of CCTV if there is any in the area where the accident happened.

If you go on to make a claim, accident reports and medical records can be obtained to use as evidence to show what happened and how you were injured.

When you’ve obtained as much evidence as you can, discuss your case with our advisors to see if the claim is strong enough to proceed. As well as passenger injuries, we could also help you claim for a crew injury. We’ll explain more about this later in the guide.

In normal circumstances, there is a personal injury claims time limit that applies. Every personal injury claimant usually has 3-years from the date of the accident to make a claim. However, when an accident happens at sea, this might be reduced to 2-years depending on the circumstances.

When you’ve finished reading this guide, should you have any questions, or if you want to begin a claim, please call the number at the top of the screen and speak with an advisor.

What Is An Accident Claim Against DFDS Seaways Ferries?

As with any business, ferry operators have a duty of care to keep customers safe while using their services. This means that they need to:

  • Carry out regular risk assessments.
  • Remove any dangers they identify.
  • Prepare a health and safety policy.
  • Ensure all staff are trained on the policies.

The problem is though, even after all those steps are taken, mistakes can still happen which could lead to accidents occurring. If a foreseeable accident happens because of a mistake, procedural error or another form of negligence, you could claim compensation for any injuries sustained.

You might be entitled to claim compensation if you suffered because of:

  • Damaged or faulty equipment. For instance, if an oven is not working properly, food could be undercooked and cause food poisoning.
  • Inadequate training. Should an accident occur because of a lack of or poor staff training, a claim might be possible.
  • Staff not following procedures. Even if staff have been trained properly, an accident could happen if they don’t follow their training. For instance, if a floor is cleaned but left with no warning signs, you could claim if you slip and injure yourself while it’s still wet.

Even if you don’t see a scenario in this guide that matches your accident, you could still be able to claim. The main criteria for claiming are that the accident was caused by negligence and led to you suffering an injury or being made ill.

Cruise Ship And Ferry Passenger Rights

EU regulations provide ferry passengers with several rights. The main piece of legislation is Regulation 1177/2010 concerning the rights of passengers when travelling by sea and inland waterways. The Regulation is mainly based around your rights if your ferry is delayed. The main rules are:

  • You should receive information about any delays as soon as possible.
  • Delays of 90 minutes or more mean you’re entitled to free refreshments. If a delay goes beyond 8-hours, hot food should also be provided.
  • Any cancellation means you’re entitled to an alternative at no additional cost.
  • Should your ferry be delayed overnight, accommodation should be provided for free.
  • In some cases, delays could mean that up to 50% of your ticket value could be paid as compensation.

There are some additional rights for disabled passengers. These include:

  • Your ticket should be the same cost as for other passengers.
  • Guide dogs and other safety dogs are allowed to board the ferry (health and safety regulations permitting).
  • You should be provided with free assistance where needed. To arrange this, you should contact DFDS at least 48-hours before departure.

UK And International Shipping Safety Regulations

There are a number of conventions and regulations which could be used to help make DFDS Seaways ferries personal injury claims. These include:

  • International Maritime Organization (IMO).
    The IMO is an organisation that was founded in 1948. Its main objectives are to help countries work together to keep shipping safe.
  • The Athens Convention 1974.
    This convention is used to claim for personal injury claims and damage to passenger luggage. In 2002, it was decided that extra insurance was required so that compensation amounts could be increased. Countries that sign up to the Athens convention can opt-out but only if their laws mean a higher amount of compensation can be awarded.
  • The Merchant Shipping Act 1955.

This is the UK and international legislation that governs ships and sea-going vessels that are British owned.

Types of Accidents Affecting Cross-Channel Ferries

Over the next few sections of this guide, we’re going to look at different types of accidents which could lead to a claim. We’ll look at whiplash injuries, collisions, man overboard scenarios and injuries caused by damaged furniture. If your type of accident isn’t listed, don’t worry. We could still help you claim, these are just some example scenarios.

Ferry Crashes And Dock Collisions

Collisions involving passenger ferries are quite rare but do happen. Whether it’s a ferry accident in the English Channel, a collision with another vehicle or a DFDS Seaways crash into a port wall, you could have valid grounds to claim for your injuries.

Any type of collision could lead to broken bones, head injuries, soft tissue damage, cuts, bruises or lacerations, all of which could be claimed for.

Ferry Passenger Or Crew Whiplash Injuries

You might not think it’s possible to suffer a whiplash injury on a ferry. However, according to this NHS guide, whiplash can occur following a fall. It’s a common misconception that whiplash is caused exclusively by seat belts in road traffic accidents.

Therefore, if a doctor diagnoses whiplash, it is possible you could claim compensation if the accident that led to it can be proven to have happened because of negligence.

Injuries Caused By Falls And Trips On A Ferry

Slips, trips and falls are one of the most common accident types that happen anywhere in everyday life. The same is true on ferries. Just because you’ve fallen on a ferry though, doesn’t automatically entitle you to compensation. For instance, if your fall was caused because you were messing around, a claim wouldn’t be possible. Also, if the fall was caused because of adverse sea conditions, the ferry operator wouldn’t be liable. However, you could claim for falls caused by:

  • Tripping on a cable that’s been trailed across a walkway.
  • Slipping on a wet floor caused by cleaning, spillages or leaks, particularly if no signs had been put out to warn people.
  • Tripping on uneven or damaged flooring.

Accidents Caused By A Lack Of Internal Maintenance

As mentioned earlier, a ferry operator should carry out regular checks to ensure risks are removed. This includes damage to fixtures, fittings and furnishings. Therefore, if you’re injured because of any of the following, you could be eligible to claim:

  • Falling down a flight of stairs because of a damaged handrail.
  • Being cut by sharp edges on damaged chairs or tables.
  • Suffering bruising or fractures because a faulty door mechanism caused it to slam shut on you.

Allergic Reactions On A Cross-Channel Ferry

There are a number of food safety regulations that need to be followed by any business selling food. For pre-packed food, allergens should be highlighted in the ingredients in bold, in a different colour or underlined. In restaurants, the menu should clearly identify the presence of an allergen. Alternatively, a notice board should indicate where you can find allergen information within the restaurant.

Therefore, if you’ve suffered an allergic reaction because an allergen wasn’t highlighted, you could be entitled to claim. Try to keep any packaging or photograph the menu as evidence.

Incidents Involving Someone Falling Overboard

In the rare event that a passenger or crew member falls overboard from the ferry, the staff will follow the safety procedures of the ferry operator. This will usually involve launching a rescue boat and informing the local coastguard.

Should you be unfortunate enough to go overboard, you could claim if the accident was caused by inadequate or damaged safety barriers. However, if you contributed to the accident by messing around or being drunk, for instance, a successful claim would be unlikely.

Ferry Crew And Staff Accidents

The Health and Safety at Work etc. Act 1974 means your employer needs to try and keep you safe while at work. This is true for ferry operators and their staff. Your employer should regularly assess your working procedures. If they find any risks or dangers, they should take steps to remove or reduce them. Failure to do so could lead to a compensation claim if you’re injured as a result of their lack of action.

Steps that your employer should take to reduce the risk of an accident include:

  • Providing you with information about safety procedures.
  • Giving you adequate training for your role.
  • Allowing you enough rest breaks.
  • Providing safety equipment where needed.
  • Maintaining and repairing machinery or equipment used within your role.

If you’re injured in an accident because one of the above didn’t happen, you could be entitled to claim. It’s illegal for an employer to treat you differently, discipline or sack you for making an honest claim. Also, they have insurance in place to cover them for such claims. Therefore, don’t be afraid of claiming the compensation you could be entitled to.

For help claiming for an injury while working aboard a ferry, please call our advisors today.

DFDS Seaways Ferry Accident Personal Injury Claims Calculator

If you’re wondering how much compensation you could be entitled to, please take a look at the personal injury claims calculator table below. It shows compensation figures that could be paid for different injuries. The figures come from a legal document used by courts, solicitors and insurers called the Judicial College Guidelines (JCG). It’s worth noting that these figures are for injuries only. In the next section, we’ll explain what else could be included in your claim.

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Type of Injury Severity Compensation Bracket Details
Neck Severe £61,710 to £122,860 Serious fractures to discs and the cervical spine that result in disablities such as substantial loss of neck movement.
Neck Minor £4,080 to £7,410 Soft tissue neck injuries where full recover occurs between 1 and 2 years.
Back Moderate £11,730 to £26,050 Injuries such as prolapsed discs requiring laminectomy are included in this bracket.
Back Minor Up to £2,300 Soft tissue injuries where full recovery occurs without surgery within 3 months.
Arms Simple Fracture £6,190 to £18,020 Fractures of the forearm that are class as simple fractures.
Elbow Moderate / Minor Up to £11,820 Most elbow injuries fit somewhere into this range such as tennis elbow, fractured elbows and also lacerations.
Wrist Fracture Up to £6,970 Colles’ fracture (uncomplicated).
Legs Moderate £26,050 to £36,790 Injuries such as severe crushing injuries, complicated or multiple fractures.
Knee Severe £24,580 to £40,770 Injuries that result in continuing pain and discomfort as well as limited movement.
Ankle Modest Up to £12,900 Undisplaced or minor fractures, ligament injuries and ankle sprains will all fit into this category.

Each injury is compensated based on how severe it is. Therefore, when making DFDS Seaways ferries personal injury claims, our solicitors use reports from independent medical experts to help prove what injuries were sustained, how severe they were and how they have affected you.

How Else Could I Be Compensated For My Accident?

When you make a DFDS Seaways ferry personal injury claim, your solicitor can claim for general damages and special damages. The previous section of this guide covered general damages. It’s the compensation paid for the pain and suffering caused by injuries. Special damages, however, compensate you for financial losses caused by the injury. Here are some examples of the expenses and loss that you could claim for:

  • Medical Costs.
    While you might be treated for free by the NHS, the cost of prescriptions, over the counter medicine and other treatments can become expensive. Therefore, you could include these costs in your claim.
  • Travelling Costs.
    There are two aspects to this part of the claim. You could claim for any additional expenses linked to re-arranging your trip home. Also, if your injuries mean you can’t drive while recovering, you could claim the cost of alternative travel arrangements.
  • Care Costs.
    A carer might be required to support you while recovering. If so, the cost of any professional carer could be claimed back. Furthermore, if your carer was a friend or family member, you could claim for their time.
  • Lost Income.
    If you lose any of your salary because you need time off work to recover or for medical appointments, you could claim this back. Also, for longer-term injuries, you might be able to claim for future lost income too.
  • Property Damage.
    Finally, should an item of personal property be damaged in your accident, you could claim for it to be replaced or repaired.

To make your claim easier, we’d advise that you keep hold of any receipts, bank statements or wage slips. They can all be used as evidence to demonstrate your losses. If you’re unsure whether you can include an expense in your claim, check with your solicitor before committing to it.

No Win No Fee Accident Claims Against DFDS Seaways Ferries

If you’re going to claim for an incident onboard a ferry, you might worry about the cost of doing so. To ease those worries, our solicitors work on a No Win No Fee basis for all claims they handle. This means more people can claim because the financial risk and stress are reduced. Let’s explain how.

When you contact us about a DFDS accident, your claim will be assessed by a solicitor. If they think your case is strong enough to be awarded compensation, they’ll provide you with a Conditional Fee Agreement (CFA). This is the contract between you and your solicitor. It will explain that:

  • You don’t have to pay any upfront costs, nor anything while the claim is ongoing.
  • If the case is unsuccessful, you will not have to pay any of your solicitor’s costs in pursuing your case.
  • If your claim is successful, your solicitor may ask for a small percentage toward their costs. This contribution is termed a ‘success fee’ and would be taken from your compensation upon the claim’s conclusion. Success fees are capped by law and will be confirmed with you at the outset of the claim.

Why Select The Legal Expert Team?

We believe Legal Expert is your best choice for making DFDS Seaways ferries personal injury claims. Here are some reasons why we think you should use us to begin your case:

  • Our claims line is open 24-hours a day, 7-days a week.
  • We offer free legal advice and guidance. Our advisors will assess your claim on a no-obligation basis, too.
  • Our team of solicitors have30-years’ experience making personal injury claims.
  • Previous clients have provided us with excellent feedback.
  • Our solicitors will keep you up to date throughout your claim. They’ll also try to act as swiftly as possible, so the claim doesn’t drag on too long.
  • Finally, the solicitor will provide as much evidence as possible to try and ensure you receive the right level of compensation for your injuries.

To find out more about how we could help, call Legal Expert today.

Begin My Claim

You’ve reached the end of our guide about DFDS Seaways ferries personal injury claims. We hope you’ve found it helpful. We also hope you’d like to begin your claim using Legal Expert. If so, here’s how:

  • Call our team of advisors on 0800 073 8804.
  • Chat with the team by using our live chat feature at the bottom right of your screen.
  • Email an outline of your ferry incident claim to info@legalexpert.co.uk.
  • Or, finally, let us call you back. To arrange this, please use our online enquiry form.

Whichever route you take to contact us, we’ll begin by reviewing your case on a no-obligation basis. Our advisors will provide free legal advice too. If they think you’ve got a good chance of winning your DFDS accident claim, they could connect you with one of our personal injury solicitors. If they agree to take your claim on, it will be on a No Win No Fee basis.

Supporting Information

Thanks for reading our guide about DFDS Seaways ferries personal injury claims. To provide you with more information, we’ve listed some more guides, links and useful resources below.

Ferry Passenger Rights – Information from ABTA about your rights when using ferry services.

The International Maritime Organization – The organisation that coordinates and promotes safer shipping between countries.

Ferry Passenger Statistics – Information from the UK government about ferry passenger numbers.

Cruise Ship Personal Injury Claims – A guide that explains when you could claim for an accident aboard a cruise ship.

Slip, Trip And Fall Claims – This guide shows you when a personal injury lawyer could help you claim for injuries sustained in a fall.

Accident At Work Claims – This guide could prove useful if you’re looking to claim for a ferry worker accident.

Other Guides Available To Read

Written by Hambridge

Edited by Billing

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.