Virgin Voyages Cruises Personal Injury Claims Guide – How To Claim Compensation For A Virgin Cruise Accident Claim?
Virgin Holidays, as a tour operator, provide deals and offers for many of the major cruise companies for destinations around the world. From 2020 they will also launch their own cruise ship holidays. The first ship to launch will be named Scarlet Lady.
If you’ve had an accident while on a package holiday booked through Virgin holidays that was not your fault, you may want to consider making a personal injury accident claim to compensate you for any injuries suffered and the fact your holiday was ruined.
If you’ve had a cruise ship accident and would like to start a personal injury claim today, then please call Legal Expert on 0800 073 8804 and one of our specialist advisors will take the details of your accident.
If you would like to know more, please carry on reading this helpful article on cruise compensation claims.
Select A Section
- A Guide To Virgin Voyages Cruise Holiday Accident Claims
- Types Of Sickness Or Injury That Could Happen On A Cruise Ship
- Types Of Accident You Could Have On A Cruise Ship
- Who Is Responsible And What Duty Of Care Does Virgin Voyages Have?
- Time Limits To Claim For Accidents At Sea
- Cruise Ship Cabin And Accommodation Accidents
- Accidents On Transfer Coach Or Bus
- Accidents On A Cruise Ship Transfer Boat
- Cruise Ship Illness, Norovirus And Food Poisoning Claims
- Allergic Reaction Claims Against Virgin Holiday Cruises
- Accident And Illness Compensation Calculator
- I Was Injured Or Sick On A Cruise Ship, What Can I Claim For?
- How To Claim Compensation For An Accident At Sea On A Cruise Ship
- No Win No Fee Cruise Holiday Accident Claims
- How Legal Expert Can Help You
- Getting Your Claim Started
- Holiday And Cruise Ship Accident Claims
A Guide To Virgin Voyages Cruise Holiday Accident Claims
Although Virgin Voyages hasn’t actually started sailing (at the time of writing this article), they have begun taking bookings and also offer cruise ship holidays via its sister company, Virgin Holidays.
Virgin Holidays cruises offer holidays on all of the major cruise ship operators such as Cunard, Royal Caribbean, Celebrity Cruises, Disney Cruises, Oceania and Princess Cruises to name a few. If you purchase your cruise through a Virgin package holiday and have an accident, then under package holiday regulations, you may be entitled to compensation from them.
There are different types of accident and illnesses that we’ll cover in this guide including food poisoning, slips and trips and also accidents while boarding a tender.
To be eligible to make a compensation claim, your personal injury lawyer will need to prove that:
- The person you blame for the accident (Virgin Holidays for instance), owed you a duty of care;
- That they, their staff, or their contractors (the ships staff) breached the duty of care; and
- That you became injured because of the breach in duty.
This guide will explain different scenarios that could meet these criteria. Legal Expert could advise you on any type of personal injury claim that you think you may have,
This guide will explain how you could go about making a Virgin Voyages cruise holiday accident claim if you have a valid case, how much compensation you may be entitled to, what you could claim for and what you should do at the time of an accident or illness occurring.
Types Of Sickness Or Injury That Could Happen On A Cruise Ship
There are different injuries that could be caused by accidents that could happen on cruise ships and Legal Expert can help with any of them.
Some illnesses and accidents we could deal with include:
- Food poisoning
- Head injuries
- Back injuries
- Burns
- Legionnaires’ disease
- Broken bones and bruises
- Water borne diseases
- Soft tissue damage
Any of these could be serious enough to ruin your cruise and, as such, may mean you want to make a compensation claim. Even minor injuries could have an impact on your holiday which could lead to loss of enjoyment of your holiday. If the incident in question that caused your injuries was due to staff negligence then please call Legal Expert to see if you can claim.
Types Of Accident You Could Have On A Cruise Ship
Even on days where the seas are settled and calm, there are accident that could happen on a cruise ship. Legal Expert has offered free legal advice on many claims over many years.
Some accidents we could deal with include:
- Food poisoning: This could be quite common on cruise ships because of guests living in close proximity to each other. Even if you’ve not eaten a bad meal, stomach bugs (such as norovirus) could spread through the ship quickly.
- Slips, trips and falls: These could happen just about anywhere aboard a ship and, if caused by some form of negligence, could lead to a compensation claim.
- Accidents boarding a tender: We’ll cover this in another section.
- Burns: Although relatively rare, burn injury could happen due to hot food or drink spillages on to passengers by staff.
- Swimming pool accidents: As with any type of holiday, the pool should be kept clean and the surrounding area kept safe.
These are just some accidents we could deal with. Legal Expert could help with any accident claim so long as somebody was to blame for an injury you suffered to due to an avoidable accident.
Who Is Responsible And What Duty Of Care Does Virgin Voyages Have?
When Virgin Voyages launches its maiden ship, The Scarlet Lady, they’ll have a duty of care to all passengers. This duty means they should ensure that passengers are safe while travelling on their ship.
Each country that a cruise ship docks at has its own rules and regulations while in port but there is a convention, the Athens Convention 1974, which covers cruise ships while in international waters.
When you make a cruise ship compensation claim, you may claim under the Athens convention or there may be other regulations that could be used. It’s important to use an experienced personal injury solicitor, such as Legal Expert, who will be able to determine the best route to making a claim.
Time Limits To Claim For Accidents At Sea
All personal injury claims have to made within specific time limits. Cruise accident claims are no different. The current time limits are:
| Claim | Time Limit |
|---|---|
| Athens convention claim | 2 years |
| Accident while transferring from hotel to port | 3 years |
| Injury in port (while docked at a UK port) | 3 years |
You should contact a personal injury solicitor as soon as possible following your holiday. This will ensure they have enough time to gather supporting evidence before making your claim. Any claim submitted after the time limit will be automatically rejected.
Cruise Ship Cabin And Accommodation Accidents
While there are different locations on a cruise ship where accidents may happen, they could also happen while in your cabin. Some cabin type accidents may include:
- Slips and falls: If you are injured because a trip hazard isn’t visible (due to broken lighting for instance), you could possibly make a claim. This is also the case where broken hand rails cause your fall or damaged or uneven flooring.
- Damaged furnishings: If any fixture, fitting or furniture in your cabin is damaged, and you are injured because of it, you could call us to see if you are able to claim compensation.
- Falling objects: Sometimes, if objects aren’t secured properly or the racking is damaged, items can fall on to guests. If this happens to you, and you believe it wasn’t your fault, let us know and we’ll investigate your claim.
Accidents On Transfer Coach Or Bus
As well as on the ship, accidents could occur on pre-booked and inclusive transfers that is booked as part of the package holiday from your hotel to the port or while on an excursion booked by the tour operator.
If you’re injured while using a bus, coach or taxi booked through Virgin Holidays or the cruise company, you could possibly seek compensation if the accident has caused you injuries.
Accidents that could lead to a claim if you are injured include:
- When the driver collides with another vehicle
- When another vehicle hits your transfer vehicle
- Vehicle malfunction causing injury
Accidents On A Cruise Ship Transfer Boat
As part of most cruises, the ship will dock to allow guests off to participate in day trips in different locations. In larger ports, the ship will dock directly but in smaller ports or when ports are full, tenders (smaller boats) may be used.
Accidents that cause an injury that could lead to a claim could include:
- When the crew try to load tenders in rough conditions
- If the crew do not prepare guests properly and they trip while boarding (usually they’ll do a practice routine where you try to cross two white lines to ensure the guest is able to cross between boats safely)
- Bad lashing
- Tender movement because of poor operation
- Damaged hand rails
Proving liability in these types of accident can be difficult. Ensure you provide as much evidence as possible to your solicitor. Please contact us if you’re unsure whether your accident could be claimed for or not.
Cruise Ship Illness, Norovirus And Food Poisoning Claims
When food poisoning, such as norovirus, breaks out on a cruise ship, it could spread very quickly. Guests may notice staff cleaning hand rails or not allowing them to serve themselves from buffets to try and contain the outbreak.
This is because, as a cruise provider, the operator has a duty of care to follow strict hygiene procedures during an outbreak to try and stem its spread. Even with processes in place, food poisoning could still spread.
If you suspect food poisoning, visit the cruise doctor or medical staff to ensure you receive treatment as soon as possible.
Allergic Reaction Claims Against Virgin Holiday Cruises
As well as food poisoning, some guests could become ill due to a food allergy.
Most sufferers will know about their allergy and look out for their particular allergen on food packaging and printed menus.
If the allergen isn’t present on food packaging, and an allergic reaction is suffered, a claim could possibly be made.
You should try to photograph the menu or retain the food packaging for evidence. This is also the case when cross-contamination happens i.e. when food is prepared in the same area as a known allergen but not labelled as such.
Accident And Illness Compensation Calculator
We know that every claim is unique, and a calculator couldn’t possible work out all of the different variables involved in each case. It is possible for calculators to show a range of different injuries plus amounts.
There are different parts of any claim, which we’ll cover in the next section. One part, General Damages, is paid for pain and suffering caused by the injuries. The table below outlines some of the payments offered for general damages:
| Injury Type | Compensation Brackets | Injury Information |
|---|---|---|
| Minor Neck Injury | Up to £2,150 to £6,920 | Lower bracket is for full recovery within several months to neck injuries that last from 1/2 years that possibly acceleration and/or exacerbation injuries. Injuries of this kind tend to be soft tissue in nature. |
| Minor Back Injury | Up to £2,150 to £10,970 | Injuries in these brackets tend to be concerned with length of time of injury, severity, ability to work etc and include injuries such as sprains disc prolapses and soft tissue injuries. |
| Moderate or Minor Injury to the Elbow | Up to £11,040 | Brackets include: simple fractures, tennis elbow syndrome and lacerations. |
| Very Minor Wrist Injuries | £3,090 to £4,160 | Undisplaced or minimally displaced fractures and soft tissue injuries. |
| Fracture of Index Finger | £7,990 to £10,730 | Fracture has been repaired, not fully able to grip. |
| Moderate Hip Injury | £23,310 to £34,340 | Hip replacement or surgery needed or necessary in the future to significant pelvis or hip injury but permanent disability not a great risk. |
| Moderate Knee Injury | Up to £12,050 to £22,960 | Twisting and bruising of the knee where recovery is almost complete to dislocation, torn cartilage or meniscus which results in minor instability, and minor disability. |
| Modest Ankle Injuries | Up to £12,050 | Less serious, minor or undisplaced fractures, sprains and ligamentous injuries. |
| Food Poisoning | £3,460 to £8,360 | Varying degree of cramps accompanied by diarrhoea to significant abdominal pain, alteration of the bowel and fatigue. |
| Trivial Scarring | £1,500 to £3,090 | Scarring is minor. |
Remember, this is only one part of your claim. Every claim could have more parts to it which we’ll explain in the next section.
I Was Injured Or Sick On A Cruise Ship, What Can I Claim For?
As discussed previously, General damages are claimed for the actual pain and suffering caused by your injuries. This however is just one part of a claim. The other things you could claim for include:
- Additional financial losses: If you are out of pocket because of your injuries, it’s only right you could claim those back. This could include additional travel costs, medical costs and replacement of personal property.
- Lost income: When you return to the UK, if you lose salary because you have to take time off from work, you could claim the loss back.
- Loss of enjoyment: When you book a holiday, it’s fair to expect some enjoyment. If you’re suffering for any period, you could claim for the loss of enjoyment.
- Loss of holiday: As well as the lost enjoyment, you’re actually losing part of the holiday you paid for when being treated or recovering. This loss of the holiday could also be claimed back.
Your injury solicitor will know all of the different parts of a claim they could include. You should provide as much information for them as possible. This will allow them to submit a full and proper claim. Once a claim has been settled, you can’t ask for any more compensation at a later date. It’s therefore important to submit a full claim from the start.
How To Claim Compensation For An Accident At Sea On A Cruise Ship
Following an accident at sea, there are a number of steps to take which will help if you decide to claim compensation. These are:
- Ensure you seek medical treatment straight away.
- Report the accident to ship staff as soon as possible.
- Take photographs at the scene of the accident. Ensure you capture as much detail as possible. Try to do this before anything is removed from the scene.
- Ask witnesses to provide statements of what they saw. Also ask for their contact details.
- Photograph any injuries that are visible.
- If there is any CCTV in the area, ask for a copy.
- When you return to the UK, report the accident to Virgin Holidays.
All of these steps will make claiming compensation easier. They will create an audit trail that proves the accident happened and the severity of your injuries.
Try to gather as much evidence as possible, following your accident. You could ask the doctor for a copy of the medical records they created. You could also ask for copies of accident reports logged by the ship’s staff.
CCTV is only usually kept for a small amount of time. If you’re having problems obtaining copies, please contact us and we could help to get a copy for you.
No Win No Fee Cruise Holiday Accident Claims
The cost of claiming compensation scares a lot of people. It can put them off from beginning a claim at all. This is why, we offer no win no fee agreements for all cases we take on.
When you begin a claim there are two types of solicitor who could help:
- A no win no fee solicitor like at Legal Expert. When using a no win no fee solicitor, you don’t pay them an hourly rate or anything up front. If they lose your case, you don’t pay them anything for their time or service.If they win the case, they keep a portion of your compensation (a success fee which is limited to a maximum of 25%) and then send the rest directly to you.
- A solicitor who charges by the hour for their service. You will have to pay them some money up front. They charge an hourly rate, regardless of the outcome of the case. If they win, you keep 100% of any compensation awarded. If they lose though, you still have to pay them their fees.
We believe that no win no fee allows more people to make a claim. It also reduces a lot of stress and risk associated with making a claim.
How Legal Expert Can Help You
Here are Legal Expert, we have a panel of dedicated personal injury solicitors. They all work on a no win no fee basis for all claims they take on.
We are friendly, professional and available throughout your claim to offer free legal advice. We can guide you on what steps you need to take next or what evidence we require to support your claim.
We are committed to ensuring that you receive the correct level of compensation for your injuries. Our experience allows us to be efficient as we know what’s required (and what’s not) to make a successful claim.
Please get in touch if you have any queries about beginning a claim.
Getting Your Claim Started
If you’d like to have Legal Expert on your side, you can contact us by:
- Telephone: call us today on 0800 073 8804 and speak with one of our specialist advisors straight away.
- Email: Send brief details of your claim to info@legalexpert.co.uk and we will get back to you at a convenient time.
- Live Chat: Our advisors are also available to take details of your claim, 7 days a week, via our live chat feature. They can also advise on what you need to do prior to claiming.
- Online: Fill in this easy online form to begin the claim process.
When you get in touch, whichever method you choose, we’ll begin by offering an initial consultation (for free). We’ll assess the details you provide and let you know our honest opinion about the chances of successfully claiming compensation.
If we agree that you have a good chance of compensation, we’ll provide you with a no win no fee agreement for you to sign. When you’re happy, we’ll begin the claim for you.
Holiday And Cruise Ship Accident Claims
Hopefully, this guide has provided you with all of the information you require to decide whether you’ll begin a claim or not. For further information, we’ve provided the useful guide articles below:
Virgin Atlantic Flight Claims – as well as cruises, Virgin offers flights to many destinations. This guide explains the process for claiming for in-flight accidents.
Cruise Ship Accident Claims – a more generic look at cruise ship accident claims, not just for Virgin Voyages or Virgin Holiday Cruise accidents.
Virgin Package Holiday Accident Claims – Information on beginning a holiday accident claim for holidays booked as part of a package holiday.
Food Poisoning Guide – A useful article, by the NHS, about the causes, symptoms and treatments for food poisoning related illnesses.
Broken Bones Guide – Another NHS guide, this time about broken bones and how to identify how severe a break has occurred. Also covers treatment options.
If you require any further information, please get in touch.
Edited By Melissa
