Insurance claims depend on the cover provided under the policy. For compensation claims, it depends on the extent of fault on the part of the service provider and a comparison of your income earning capacity and other factors when compared before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to more substantial compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances and the elements proved, including fault and causation.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Paid and unpaid recuperative assistance;
• Ruined holiday loss;
• Holiday disappointment;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

Yes.

For shipboard accidents, it does not matter where the ship was positioned at the time of your accident.

Claims arising from port activities or excursions have to be considered on a case-by-case basis.

If you suffered an injury while onboard a cruise ship or a port activity/excursion, it is important to gather evidence such as:

• Photo evidence of your injuries and area where the accident occurred;
• A detailed event of what happened, where it happened, when it happened, and any plausible reasons why it happened;
• Gather any witness statements from the accident scene, injuries, how the accident area was beforehand, and actions of the crew and captain’s advice.

You must keep medical and income records from before and after the accident. Also, keep receipts, itineraries, booking confirmations etc.

To assist Cruise Ship Injury Lawyers with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records.
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

Some claims are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Cruise Ship Injury Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

It is essential to always speak to Cruise Ship Injury Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in many cases.

Our Cruise Ship Injury Lawyers service all of Australia in relation to travel and holiday injuries, including injuries occurring overseas.

You must keep as many records as before, during and after the accident. Things like receipts, documents, waivers, images, witness statement details, and correspondence between you and the facility where the accident occurred. It may be challenging to prove that the operator was incompetent, mainly if there was an apparent inherent risk to the activity.

To assist your lawyer with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes