Cruise Ship Personal Injury Claims Time Limit Guide – How Long Do I Have To Claim For A Personal Injury On A Cruise Ship?
By Olivia Trent. Last updated 7th June 2021. Welcome to our guide, where we’ll look at the cruise ship personal injury claims time limit for those in the aftermath of a cruise ship accident.
A cruise-ship holiday is often a great way to create memories with loved ones, enjoy time away from work, and visit sunny and exotic locations. The company in charge will go to great lengths to ensure their customers are welcomed with a safe and hazard-free environment. This is frequently accomplished through safety measures such as risk assessments, routine inspections, and regular and effective housekeeping.
However, if a breach in the duty of care owed to passengers were to occur, it could cause an innocent holidaymaker to experience avoidable harm and expose the cruise operator to a potential cruise personal injury claim.
cruise ship personal injury claims time limit
In this online guide, we shall provide those that have been injured at sea with beneficial information concerning cruise ship compensation claims. If at any point when reading this guide you have a question regarding the cruise ship personal injury claims time limit or you’d like to see how we could help you, why not contact a member of our team?
Here at Legal Expert, we understand that the claims process could appear daunting after suffering a cruise ship accident. That is why our phone lines are free to call, and our experienced team of advisers are available 24 hours a day, 7 days a week. Our expert advisers can offer you free legal advice (of no obligation) and answer any questions that you might have.
Jump To A Section
- A Guide On Cruise Ship Personal Injury Claim Time Limits
- What Is An Accident On A Cruise Ship?
- Could I Make A Claim Close To The Cruise Ship Personal Injury Claim Time Limit?
- Cruise Ship Personal Injury Claim Time Limit And Children
- Cruise Ship Personal Injury Claim Time Limits And Mental Health
- Personal Injury Claims Calculator
- No Win, No Fee Cruise Ship Personal Injury Claims
- Why Choose Legal Expert For A Cruise Ship Compensation Claim?
- Start Your Cruise Ship Personal Injury Claim
- Helpful References
A Guide On Cruise Ship Personal Injury Claim Time Limits
Welcome to our guide on the cruise ship personal injury claims time limit.
Unfortunately, having an accident at sea is not uncommon. They could be caused by slips and trips, electrocution or food poisoning. If you have been injured in an accident that wasn’t your fault, then you might be seeking legal advice on how to make a cruise ship compensation claim.
In this guide, we shall discuss the numerous types of accidents that could happen on a cruise ship, the personal injury claims time limit that may apply, and how accidents on a cruise ship could be caused by a breach in the duty of care owed to you by the cruise operator. This guide shall also answer key questions, such as:
- How could a passenger be injured on a cruise ship?
- What is a personal injury claims time limit?
- What is the time limit to file a personal injury claim?
Once you have read this online guide to the cruise ship personal injury claims time limit, you might have additional questions. If that is the case, our knowledgeable team of advisers would be more than happy to speak with you. They can offer free legal advice and answer any questions that you might have. So if you have been involved in an incident that has caused you avoidable harm, please speak to Legal Expert and begin your claim today.
What Is An Accident On A Cruise Ship?
Before thinking about the cruise ship personal injury claims time limit, you might be questioning what is meant by an accident on a cruise ship or you might be interested in how they are caused.
An accident on a cruise ship is an unfortunate incident that in some cases could be caused by a breach in the duty of care owed to passengers by the cruise operator. Cruise ships facilitate significant numbers of people within a contained space. To ensure the safety of the holidaymakers on board, cruise operators are required by law to perform specific safety measures.
The Health and Safety Executive (HSE) state that the best measures a business could conduct include risk assessments, routine inspections, and regular housekeeping. A failure to comply with these obligations could lead to incidents such as:
- Slips and Falls.
- Food Poisoning.
- Swimming Pool Accidents.
- Fires.
- Drowning.
The cruise operator owes all of its customers a duty of care. This responsibility has been outlined by the Health and Safety Executive (HSE) who state that all businesses must ensure the welfare and safety of all customers has been achieved. A failure to comply with these obligations could make the business liable in the event of an accident. So in the event, you are harmed on a cruise ship by the negligence of another, you should:
- Seek medical attention.
- Take photographic evidence.
- Collect contact details of those who witnessed the incident.
- Document all of your accident-related expenses and losses.
- Contact a personal injury solicitor and get legal advice.
For more information about the cruise ship personal injury claims time limit, please read on.
Could I Make A Claim Close To The Cruise Ship Personal Injury Claim Time Limit?
Unlike most claims for compensation, a cruise ship claim is governed under the Athens Convention. The Convention establishes liability in the event of an accident at sea. For example, if a passenger that is being carried on a vessel were to be harmed in an accident that was the result of negligence, the convention states that the carrier could be deemed liable. However, this only applies if the cruise operator acted negligently or with the intent to cause harm.
To make a successful claim for compensation under the Athens Convention, you must begin your claim within the relevant cruise ship personal injury claims time limit.
Under the Convention, this is 2 years from the date of the accident. If you fail to start your claim within that time limit, your claim may be deemed time-barred, preventing you from seeking compensation. Some exceptions could apply to the time limit. We recommend contacting us to find out more.
Cruise Ship Personal Injury Claim Time Limit And Children
If a child has been injured in a cruise ship due to third-party negligence, then a parent or guardian might consider claiming on their behalf. The person acting on the child’s behalf is referred to as a litigation friend. In many cases, the court can appoint a litigation friend to handle the claim on the child’s behalf.
Gov.uk outlines the responsibilities of a litigation friend, which include:
- Making decisions in the individuals best interests.
- Ensuring you inform the individual regarding the court proceedings.
- Making sure you find out the individual’s wishes and establish how they are feeling.
- Get advice.
- Pay any costs that are ordered by the court.
The cruise ship personal injury claims time limit must be adhered to by litigation friends, which is effective once they begin legal proceedings. Alternatively, the child can claim for themselves once they reach 18 when the cruise ship personal injury claims time limit will come into effect in this case.
Cruise Ship Personal Injury Claim Time Limits And Mental Health
If a loved one has been affected by negligence and lacks the capacity to make a claim, then you could pursue the case on their behalf.
Cases of this nature often relate to incidents that have caused someone severe mental damage and trauma, making them unable to claim themselves. Instances of this nature can often appear complex. Therefore, it is usually recommended that you speak to a legal professional.
Personal Injury Claims Calculator
Next in our guide to the cruise ship personal injury claims time limit, let’s look at some compensation amounts.
If your claim is successful, your compensation package may consist of two heads of claim: general damages and special damages, and they each take into consideration different consequences of a cruise-related accident.
General damages are designed to compensate you for the pain, suffering and loss of amenity inflicted by the injury or illness. In many cases, those that pursue a claim might question how much compensation they could be entitled to. For that very reason, we’ve included a personal injury claims calculator table below.
The table outlines various compensation amounts for different injuries that could be sustained in a cruise ship accident. These figures are based on the Judicial College Guidelines, a legal publication used by solicitors and the courts to value claims.
Updated June 2021.
| Injury | The Severity of the Injury | Compensation Awarded | Injury Description |
|---|---|---|---|
| Mental Anguish | £4,380 | Those that experience the fear of impending death or the reduction of life expectancy could be awarded compensation of this bracket. | |
| Brain Damage | Less Severe Brain Damage | £14,380 to £40,410 | Those who experience minor cases of brain damage are expected to make a good recovery, take part in normal life and return to work. However, they could experience concentration problems, memory loss, and future career prospects could be affected. |
| Brain Damage | Moderate Brain Damage | £140,870 to £205,580 | Cases in which there is moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment. |
| Post-Traumatic Stress Disorder | Less Severe | £3,710 to £7,680 | Minor cases of PTSD are expected to make a recovery with one or two years. However, the affected individual might display minor symptoms that will persist over a longer period time. |
| Post-Traumatic Stress Disorder | Severe | £56,180 to £94,470 | Those that experience severe cases of PTSD are expected to endure life-altering implications. In most cases, those that experience severe PTSD will be unable to return to a pre-trauma state and the career prospects and social life will be seriously affected, |
| Food Poisoning | £3,710 to £8,950 | Food poisoning of this severity is often associated with discomfort, stomach cramps, alteration of bowel function and fatigue. The affected individual will require hospital admission for a some days, with symptoms acting for a few weeks but complete recovery within a year or two. | |
| Food Poisoning | Severe | £36,060 to £49,270 | Severe toxicosis will cause serious acute pain, vomiting, diarrhoea and will require hospital admission. In most cases, the affected individual will have continuing incontinence, haemorrhoids, and irritable bowel syndrome. This will affect their day-to-day life and ability to work. |
| Wrist Injury | Minor | £3,310 to £4,450 | A wrist injury of this nature is very minor and is associated with fractures or soft tissue injuries. The injuries require the application of plaster or bandages for various weeks. |
| Wrist Injury | £44,690 to £56,180 | Severe wrist injury, often a complete loss of function in the wrist, creating life long implications. Brackets of this nature are often awarded when arthrodesis has been performed. |
It’s important to remember that the figures above are just estimates. The value of any case is dependent upon its unique circumstances. For a more precise valuation or to learn more about the cruise ship personal injury claims time limit mentioned in this guide, please contact our time of friendly advisors.
Unlike general damages, special damages are intended to reimburse you for any financial losses or expenses incurred as a result of the injury. To recover such expenses, you must be able to provide evidence through the likes of bank statements, receipts, and bills. Some of the types of expenditures you can claim for include::
- Medical Expenses
- The Cost of Care
- The Loss of Income
- Travel Expenses
For more on cruise ship personal injury claims time limits, please read on.
No Win, No Fee Cruise Ship Personal Injury Claims
If you have valid grounds to claim compensation after a cruise ship accident, then one of our solicitors could offer to handle the claim under a No Win No Fee agreement, also referred to as a Conditional Fee Agreement (CFA). The agreement limits the threat to your finances throughout the claims process and eliminates the need for upfront fees. If your case is unsuccessful you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor may seek a small contribution toward their costs. This contribution is known as a success fee and would be deducted from the compensation awarded at the end of the case. Success fees are legally capped and will be agreed with you before the claim begins.
If you have any questions regarding No Win, No Fee agreements or would like to learn more about the cruise ship personal injury claims time limit, please contact a member of our team.
Why Choose Legal Expert For A Cruise Ship Compensation Claim?
If you have been affected by the negligent actions of a third party and wish to make a claim or would like to learn more about cruise ship personal injury claims time limits, why not get in touch?
Here at Legal Expert, we could connect those that have been affected by negligence to one of our specialist solicitors. With decades of experience in handling claims of this nature, they can guide you through the complexities of the claims process with ease and will battle to ensure you recover the maximum amount of compensation possible. They will keep you updated every step of the way, and if at any time you have a query, they’ll be on hand to take your call.
Start Your Cruise Ship Personal Injury Claim
If you have sustained avoidable harm that was caused by the negligence of a cruise ship operator, then you might be seeking legal advice on how to make a personal injury claim.
If that is the case, then why not contact a member of our team and begin your claim? Here at Legal Expert, our knowledgeable team of advisers are more than happy to speak with you regarding your cruise ship accident and assist you however they can.
Our phone lines are free to call, and our advisers are available 24 hours a day, 7 days a week. Alternatively, you could enquire online, and a member of our team will contact you.
- When you are ready to speak with an adviser, please call us on 0800 073 8804.
- Alternatively, you could enquire online by clicking here.
Cruise Ship Personal Injury Claims Time Limit FAQs
Is there a time limit to making a cruise ship accident claim?
The time limit to making a cruise ship accident claims is typically 2 years from the date that you disembarked the ship.
What is the average payout for a personal injury claim UK?
As every case is different, there is no such thing as an average payout for a personal injury claim. Instead, compensation is valued according to the extent of damage suffered by each claimant, whether that be physical, psychological or financial. Please contact a member of our team today for a free consultation on your situation.
Should I accept the first offer of compensation?
If you work with a lawyer from our panel, you can trust them to handle your claim every step of the way. This includes providing you with expert advice on which offer of compensation to accept and which to reject, in attempts to secure you with the maximum compensation you deserve.
Helpful References
The claims process can often appear daunting, so we hope that this cruise ship personal injury claims time limit guide has provided you with some clarity.
In addition to this guide, we have provided some additional materials that could be of use.
Restaurant Claims
Could I Make A Claim If I Suffered From Food Poisoning?
Slip, Trip, and Falls
Could I Have Grounds To Make A Claim If I Slipped And Hurt Myself?
Head Injury Claims
Could I Claim On Behalf Of A Loved One?
Thanks for reading our guide to the cruise ship personal injury claims time limit.
Written by Brennan
Edited by Billing
