Not all cruise ship injury claims are uniform and may potentially take different routes depending on the nature of your case. But in general, here are five steps that you should take if you’ve sustained an injury while on a cruise, or while on holiday in general.
Step 1: Report the accident to the relevant authorities
Following your injury, report it to the relevant and/or local authorities as soon as possible. Depending on your injury and location, this could include making a report to the ship’s security personnel, the cruise’s medical staff and other relevant authorities.
Promptly reporting not only ensures that the incident is properly documented and a clear timeline is established, but it also means you’re able to get the immediate care you may require.
Step 2: Gather evidence
Gather the evidence that you can, then trust your lawyer to obtain the rest. The evidence you gather will work to strengthen your case, as well as provide your lawyer upon consultation with a solid basis to provide you with personalised advice. Examples of often required evidence in building a strong case include:
- Report trails: This includes any of the reports filed in step one. These reports are a strong informant on the case’s key details, such as date, time, location, witness and other important factors.
- Medical records: Assuming you’ve received medical attention for your injury or illness, keep a record of any medical documentation, whether your diagnosis, treatment plans, prescriptions and, particularly importantly, bills.
- Photos or videos: This may include visual documentation of the accident scene, your injuries or any hazardous conditions that led to the injury — in essence, anything that visually captures the circumstances surrounding your injury.
- Witness statements: Generally obtained by a personal injury lawyer, witness statements include interviews with individuals who may have seen the accident or hold relevant information about the circumstances that led to your injury.
Your lawyer may also seek the specialised opinion of a neutral third party to provide expert testimony in your case, particularly if the nature of your case necessitates technical expertise or analysis.
Step 3: Write down the contact details of the witnesses
As mentioned in step two, witness statements play a significant role in strengthening your case and establishing the facts surrounding your injury. Alongside getting the witness’s full name, phone number and email of the witness, also consider asking them for a written or recorded statement of the occurrences. Furthermore, consider keeping your own record of where and when you spoke to the witnesses.
Step 4: Get a copy of any injury-related documents
It’s important to receive medical attention as soon as possible. In doing so, keep a record of any and all medical documentation — this may include:
- Medical reports: Detailed accounts of your injury or illness, treatments and progress.
- X-rays and/or scans: Further providing insight into the nature and severity of your injury and illness.
- Test results: Any laboratory tests and/or diagnostic measures that were performed.
If possible, also keep copies of any communications between either yourself and the medical staff or the medical staff among themselves to ensure a more holistic record of your treatment.
Step 5: Reach out for legal advice and representation
Expert legal advice and representation is necessary to ensure that your rights are protected and upheld. It’s at stage five that you would reach out to our team at GMP Law, who have the experience, expertise and resources necessary for you to be maximally compensated.
Although legal processes and proceedings aren’t uniform, here is an overview of what you may expect upon consulting with GMP Law:
Initial free, confidential consultation: Your first meeting with one of our holiday injury solicitors is an obligation-free consultation where you can ask any questions you may have. It’s also during this stage where your solicitor will begin to determine the merit of your case and provide you with insights accordingly. They will look at the evidence you’ve been able to obtain and the nature of your injury and let you know, based on the state-specific legislation and precedent, how much compensation you may be owed.
Private settlement/mediation: If you’re eligible, you will likely move forward to mediation or a private settlement agreement with the liable parties’ insurance. In terms of determining eligibility, your case will progress to either a private settlement agreement or mediation if your solicitor believes they are able to establish the following:
- That the liable party owed you a duty of care. This duty of care — while it differs slightly depending on context — refers to the legal obligation that individuals and entities have to prevent unduly harm to others.
- This duty of care was breached, as supported by evidence.
- It was this breach of duty that directly caused the injury or illness.
It’s this three-step criteria that works to establish liability and is the grounds of personal injury claims themselves. There are variations in how this criteria may apply: you may be of partial fault for your injury, for example, therefore resulting in a shared liability scenario.
Because of the nuance of holiday claims, the process of mediation and private settlement agreements may differ from domestic personal injury claims. Hence, it’s important to involve an experienced and specialised holiday compensation lawyer to best navigate the complexities of these claims.
If the case progresses to mediation, the claim’s merit will be assessed by a neutral third party, whereby a resolution can be reached without needing a court trial. During mediation, your holiday injury compensation lawyer will represent your interests and negotiate on your behalf with the liable party’s representatives or insurance agency.
Litigation: Compared to mediation and private settlement agreements, litigation — the process of bringing your case before the courts — tends to be of increased time and cost. If a claim settles in mediation, the full claim process may take months to resolve, whereas the process of litigation may take one or more years — depending on the case’s severity.
Some cases, however, are unable to reach a settlement in mediation and must progress to litigation. In such cases, your personal injury lawyer will do the heavy lifting and prepare your case for court. During court proceedings, both parties engage in a legal process that involves filing motions, conducting discovery (the gathering and exchanging of evidence) and presenting their case before a judge. The judge — and/or potentially a jury — determines the merit of the case and makes compensation decisions accordingly.
Regardless of how your case progresses, the most important thing is having legal representation that you trust. With GMP Law, you can sit back and know that we’re working diligently to protect your interests and ensure that you’re maximally compensated.
