Claiming Compensation for an Accident on a Cruise Ship Excursion
Claiming compensation for an accident on a cruise ship excursion can be a confusing experience when you are an injured tourist unfamiliar with the procedures for claiming personal injury compensation. For tourists visiting Ireland, the situation can be more confusing due to the existence of the Injuries Board – an independent body established to reduce the cost of litigation and the length of time it takes for personal injury claims to be resolved.
However, the Injuries Board only has a remit to resolve personal injury claims when an injury is attributable to a road traffic accident, an accident at work or an accident in a place of public access. Consequently it is advisable to seek professional legal advice about claiming compensation for an accident on a cruise ship excursion in order to ensure that you are following the correct procedures to facilitate and quick and fair settlement of your claim.
Why Cruise Companies Do Not Accept Liability for Accidents on Cruise Ship Excursions
Irrespective of whether you have booked an excursion on board your cruise ship or as part of the cruise ship package, cruise companies do not accept liability for accidents on cruise ship excursions. This is because, once you have disembarked from the ship, the cruise company has no control over your environment. If you have booked an organised excursion on board your cruise ship, and you sustain an injury while on the excursion, the party against which you would claim compensation for an accident on a cruise ship excursion would be the local tour operator.
Most cruise ship passengers naturally choose to explore Dublin independently. Dublin was recently ranked among the top twenty safest cities in the world and has a remarkable culture and heritage. However, accidents still happen; and, if you are injured in an accident that was not your fault, it may be possible to claim injury compensation for an accident on a cruise ship excursion against the negligent party – whether it is an individual dangerously driving a car, a business that has failed to keep its floor surfaces free from hazards, or the Dublin City Council for failing to maintain the footpaths in a safe condition.
How the Injuries Board Process Works
If you are injured in an accident in Ireland, and the nature of the accident qualifies you to make a claim for compensation for an accident on a cruise ship excursion, you can apply to the Injuries Board for an assessment of your claim. This involves completing an online with a description of your accident and the details of the person(s) against who you are making the claim (the “Respondent”). You will need to upload a medical report of your injury to supporting your application for assessment and details of any costs you have incurred – or may incur – as a result of your accident.
Unlike most legal procedures, the Injuries Board process is “non-adversarial”. The Injuries Board will write to the respondent asking for their consent to proceed with an assessment of your claim. If the respondent agrees, the Injuries Board will complete its assessment and advise both you and the Respondent how much compensation for an accident on a cruise ship excursion you are entitled to. If both parties agree on the value of the assessment, the Injuries Board issues an “Order to Pay” and your claim will be settled.
What Happens If…
The Injuries Board process works well provided that the Respondent consents to an assessment of your claim and the value of the assessment. If the Respondent does not agree to the assessment, or disputes the value of the assessment, you will be issued with an “Authorisation” to pursue your claim for compensation for an accident on a cruise ship excursion through the Irish courts system. This does not necessarily mean that a court appearance is inevitable, as many claims for compensation for an accident on a cruise ship excursion are resolved by negotiation.
However, there certain risks attached to using the Injuries Board process to claim compensation for an accident on a cruise ship excursion. Firstly, unless you are aware of all the elements of personal injury compensation you are entitled to, there is a significant risk that you will be undercompensated. For example, the Injuries Board application form leaves little opportunity to elaborate on the impact an injury has had on your quality of life – quite an important factor for plaintiffs that lead an active and healthy lifestyle.
How Practical Legal Advice Can Help
Practical legal advice can help you make a successful claim for compensation for an accident on a cruise ship excursion by explaining the personal injury claims process as it applies in your specific situation. This may mean that you follow the Injuries Board process until its conclusion, or take another route in order to resolve your claim for a fair settlement.
The solicitor providing the legal advice can also help you by completing your application form to the Injuries Board, reviewing the Injuries Board´s assessment and negotiating when necessary to resolve your claim as quickly as possible. If litigation is necessary to resolve your claim, the solicitor will know the process for filing legal action and will be able to represent you in court.
Most solicitors will understand that you are an injured tourist unfamiliar with the procedures for claiming personal injury compensation in Ireland and explain the process of claiming compensation for an accident on a cruise ship excursion as clearly and as precisely as possible. However, in order to get the greatest benefit from the legal advice available to you, it is advisable to speak with a solicitor at the first practical opportunity.