Advice On Claiming For A Boat Accident
By Jo Greenwood. Last Updated 1st August 2024. If you’ve suffered an injury in a boat accident, you naturally may be looking for a lawyer to help you make a personal injury claim. If so, you’ve come to the right place.
Regardless of whether you’ve had an accident on a cruise boat, a yacht or a sailing boat, we can help. Our No Win No Fee solicitors are well-versed in the personal injury claims process and have successfully helped thousands of clients.
To get a free case check today, you can speak with us now by:
- Calling 0800 073 8804
- Writing to us via our claim online form
- Or speak with us now via our live chat box
Select A Section
- Can I Claim Compensation For A Boat Accident?
- Common Accidents on Yachts and Small Boats
- Examples Of An Accident On A Cruise Boat
- What To Do If Involved In A Boat Accident
- Who is Liable in a Boating Accident?
- I Had An Accident Working On A Boat – Can I Claim?
- Compensation Payouts In Boat Accident Claims
- Can I Claim On A No Win No Fee Basis?
- Make A Personal Injury Claim Today
Can I Claim Compensation For A Boat Accident?
As a boat passenger, you are owed a duty of care by the boat’s operator. They must take all steps to reasonably prevent a boat accident from occurring in order to keep you and their other passengers safe from harm.
Accidents on a boat can happen, but your right to claim compensation stems from whether the operator met this duty at all times.
A boat accident lawyer could help you enter a claim if you’re able to show that:
- The operator owed you a duty of care.
- They failed to uphold this duty.
- This failure led to an accident where you suffered harm.
You are able to claim for physical injuries, psychological damage, or both.
What Is The Time Limit For Starting A Boating Accident Claim?
A boating accident lawyer can help you submit your claim as long as you are still within the legal time limit. Due to the limitation period set out in The Limitation Act 1980, you have three years from when the accident happened to start a personal injury claim.
In certain qualifying cases, the courts might allow an exception, though three years is the general cut-off. To learn more about how long you have to claim and how our expert boating accident solicitors can help your potential case, simply call our free helpline.
Common Accidents On Yachts And Small Boats
There are many potential accidents that can occur whilst on a yacht or small boat including canal boats which can lead to injury and unfortunately even death. Accidents that tend to be the most common on boats are:
- Capsizing – This is when a boat turns on its side or upside down and can be caused by a variety of reasons. Capsizing often results in people falling overboard and also being trapped and possibly drowning.
- Falling overboard – Again, this could happen due to a variety of different reasons but can gave severe consequences.
- Collisions due to poor attention or inexperience.
Accidents on small boats can happen within a split second and can have terrible consequences. Everyone on board should wear a life jacket at all times and be aware of current surroundings and other waterways users.
Examples Of An Accident On A Cruise Boat
All of the above are potential accidents waiting to happen if care is not taken. However, on larger vessels there are also other more common accidents that can and do occur, such as:
- Slip, trips and falls – With increased volume of people and items on the boat or ship, these types of hazards are very common and can cause a variety of injuries such as bruising, fractures and brakes.
- Falling objects – Often the larger boats and ships whether a passenger boat or commercial boat, will have stacking areas such as for shop / restaurant goods or freight.
- Illness – With a larger volume of people on a boat / ship, the chances of illnesses such as sickness bugs or food poisoning for example, are greatly increased.
Boat / ship owners need to have relevant health and safety procedures that are adequate in place in order to take every possible precaution to prevent any types of accidents happening to their crew members and passengers. Adequate training also needs to be given in order to ensure the policies are followed correctly. If any problems occur, it could pave the way for boat accident claims.
What To Do If Involved In A Boat Accident
The first thing to do after a boating accident is to report the accident to the Marine Accident Investigation Branch (MAIB). While not a legal requirement to report accidents involving pleasure vessels, it is encouraged.
We have also compiled this list of evidence you could collect to support your claim:
- Records of your treatment. For example, if you suffer a spinal cord injury, a copy of your X-ray results will be very useful in showing the extent of your harm.
- Take photographs of your injuries, the boats involved in the accident or the cause of the accident if you are able.
- Following a ferry accident, or an accident with another type of commercial watercraft, it is likely there were CCTV cameras on board. If such footage is available to you, you can request a copy of this.
- Anyone who saw the accident take place, either as another passenger or someone ashore, could provide a witness statement. Be sure to take down their contact information.
Gathering evidence is something one of our highly experienced boat accident lawyers could help you with. In addition to helping you compile a thorough body of supporting evidence, a boating accident lawyer will ensure your claim is brought within the relevant time limit.
To find out if you are eligible to work with one of our highly experienced personal injury solicitors, call our advisory team for a free assessment today.
I Had An Accident Working On A Boat – Can I Claim?
Every employer owes a duty of care to their employees, as stated under the Health and Safety at Work etc.Act 1974. Per their duty of care, they must take reasonable and practicable steps to ensure the safety of their employees whilst they are in the workplace and performing work-related duties. Some examples of ways your employer could enforce their duty of care include:
- Providing Personal Protective Equipment (PPE) where appropriate.
- Ensuring their staff have received efficient training.
- Performing regular risk assessments and maintenance checks.
If you suffer injuries in a boat accident whilst working on said boat due to your employer breaching their duty of care, you may be eligible to make an accident at work claim.
You can contact our advisors today if you have been involved in an accident on a boat to see if you could be eligible to make a personal injury claim. They can also offer you free advice and answer your questions.
Compensation Payouts In Boat Accident Claims
Unfortunately, due to the huge variety of possible boating accidents and potential outcomes, we cannot give a definitive answer to this question, as one person’s claim can be hugely different to another’s, even if the circumstances are similar.
If you make a successful boat accident compensation claim in the UK, you could be awarded compensation that covers both your suffering and your financial losses. Compensation awarded under the general damages head of claim is to cover the pain and suffering caused by the boat accident. For any financial losses linked to your suffering, you could be awarded special damages.
When working out a value for the general damages head of claim those responsible for doing so would revert to any medical evidence you have along with possibly a publication from the Judicial College known as the JCG. This publication lists many injuries and illnesses that are aligned with compensation guideline brackets. Some of which we have included in the table you can see below. Please note that the very top entry has not been taken from the JCG, and although the other brackets have they are merely guidelines.
| Injury | Severity | Guideline Compensation Value |
|---|---|---|
| Multiple Very Severe Injuries And Special Damages | Very Severe | Up to £1,000,000+ |
| Head/Brain injuries | Moderate (i) | £183,190 to £267,340 |
| Leg Injuries | Severe (i) | £117,460 to £165,860 |
| Knee injuries | Severe (i) | £85,100 to £117,410 |
| Other Arm Injuries | Less Severe | £23,430 to £47,810 |
| Simple Fractures | £8,060 to £23,430 | |
| Shoulder Injuries | Serious | £15,580 to £23,430 |
| Injuries to The Elbow | Less Severe | £19,100 to £39,070 |
| Ankle injuries | Moderate | £16,770 to £32,450 |
| Foot injuries | Moderate | £15,370 to £25,710 |
Special Damages
There are a number of items that you should be sure to include when making boat accident compensation claims, such as:
- Medical Expenses – Any extra costs incurred as a direct result of your accident and injury should be included. This may include prescription fees or counselling costs etc.
- Care Claim – Anyone who has had to take time out of their own life to help take care of you due to the extent of your injuries, can also make a claim alongside yours to claim back any lost income and also to claim for any emotional distress they have suffered due to your accident.
- Travel Expenses – As well as covering any extra travel costs that are of direct consequence of your accident such as travelling to hospital appointments for example will be covered. But also, if your vehicle has had to undergo any adaptions to cater for your injuries, these will also be covered.
- Loss of earnings – Any income lost or expected future income loss can be included in your claim.
- Funeral Costs – If it is a loved one that had a boating accident and lost their life, you can claim for their funeral costs.
- Bereavement Award – Again, if a loved one has lost their life due to a boating accident, you can receive compensation via boat accident claims for the emotional pain and suffering of loved ones they leave behind.
Give us a call at Legal Expert for more help and advice about claiming compensation for a boat accident.
Can I Claim On A No Win No Fee Basis?
If you were injured in a boating accident caused by someone else breaching their duty of care, you might be wondering how a solicitor could help you if you have an eligible claim. Our specialist personal injury solicitors could help you through a number of areas of your claim, including gathering evidence and explaining legal jargon. They can help you get as much money from your claim as possible.
Our team also work on a No Win No Fee basis by offering their clients a Conditional Fee Agreement (CFA). Under a CFA, you generally aren’t required to pay any upfront or ongoing fees to your solicitor for their work on your boat accident claim. Plus, if your compensation claim fails, your solicitor won’t take a fee for their services.
Your solicitor only collects what is known as a success fee if your case leads to a settlement in your favour. The fee is a small percentage of your compensation, with a legal cap in place due to the Conditional Fee Agreements Order 2013 to make sure that you get to keep a majority share of what you receive.
Contact Us
If you’d like to find out about how a solicitor could help you claim boat accident compensation, contact our team of advisors today. If they find your claim to be valid, they may connect you with one of our expert solicitors. To get started:
- Call us on 0800 073 8804
- Contact us online
- Use the live chat feature
Learn More About Personal Injury Claims
If you’d like to learn more about personal injury claims, check out the resources below:
- Reporting a marine accident guide – This site tells you all you need to know about reporting a boating or marine accident such as who to report to, what to report and who should make the report etc.
- Marine Accident Investigation Branch – This is the site for the Marine Accident Investigation Branch (MAIB) and explains all about who they are and what they do.
- Cruise ship accident claims guide – This is another guide written by Legal Expert to give information on claiming compensation if you have been involved in an accident causing injury on a cruise ship.
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Thank you for reading our guide on boat accident claims.
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