If you have been injured in a boating accident you may be eligible to access compensation.
Am I eligible for boating injury compensation?
A day on the water is a quintessential Aussie experience, but if something goes wrong due to the negligence of a boat operator and you suffer an injury or loss as a result, then you may be eligible for damages through their insurance.
To prove negligence, it must be established that the boat operator breached the duty of care it owed to you by behaving unreasonably, lacking regard for safety measures or manoeuvring the boat in a dangerous manner, thereby resulting in injury.
Common causes of boating injuries
Here are a few examples where negligence may have been the cause of a boating injury:
- Dangerous boating
- Driving under the influence
- Failure to properly maintain the vessel
- Failure to have safety equipment on board
- Failing to comply with maritime rules
- Knocking someone overboard
- Failing to keep a lookout
- Water sport injuries due to improper care or equipment when tubing, wakeboarding, water-skiing, kayaking, scuba diving, canoeing and parasailing.
What should I do if I'm injured on a private or commercial boat?
If you’re injured on a fishing boat, private boat, party boat or during water-sports because of someone else’s negligence, it’s important that you follow these steps once you are safe from harm:
- Ensure a police report is prepared.
- Contact the Australian Maritime Safety Authority and notify them of the accident.
- Get medical advice.
- Contact a personal injury lawyer.
Find out more about your entitlements if you’re injured on a cruise.
What can I claim compensation for?
Boating injuries can have serious consequences including:
- broken bones,
- long term psychological injuries,
- devastating spinal injuries,
- brain injuries, and more.
Therefore, what you will be able to claim compensation for will be specific to your situation and requirements.
Each claim is different but compensation is generally available for:
- Past and future medical expenses
- Past and future loss of earnings
- Pain and suffering as well as the loss of enjoyment of life
- Care and help provided by friends, family or any other individual.
How can Shine Lawyers help?
Shine Lawyers’ highly experienced travel law team have a unique understanding of accidents that occur on board vessels due to our extensive work supporting our clients to access compensation for accidents on cruise ships. As one of the biggest and best personal injury law firms in Australia, we have settled thousands of claims on behalf of clients who have been injured. Contact us today for an obligation-free consultation to find out more about our no win no fee legal services.
Superannuation and Disability Insurance
If you are unable to work due to illness or injury you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim.