The party responsible for your cruise ship injury will depend on the specific circumstances of the incident. Often, the cruise line is held responsible for accidents that occur on their vessels. This can be due to negligence in maintaining the ship, inadequate safety measures, insufficient staff training, or failure to provide a safe environment for passengers. The cruise line has a duty of care to ensure the safety and wellbeing of its passengers.

If the accident was caused by a defect in the ship itself or any equipment on board (like lifeboats, railings or machinery), the cruise liner has a strict liability to you, up to certain financial limits.

Determining liability in cruise ship accidents can be complex due to the various jurisdictions and laws involved. Seeking legal advice from a solicitor experienced in cruise ship accidents, like those at JMW, will help you to identify the correct party or parties liable in your specific case.

Generally, for personal injury claims in the UK, you have three years from the date of the accident - or the date when you first became aware of the injury (known as the date of knowledge) - to start legal proceedings. However, the time limit under the Athens Convention is just two years. Failing to file within the appropriate time frame can result in the loss of your right to claim compensation.

International laws and conventions may apply, so you should seek the support of a solicitor with expertise in cruise ship accidents - such as those at JMW.

In personal injury claims, compensation is not limited to physical injuries but can encompass a range of damages intended to restore you, as much as possible, to the position you were in before the accident. 

You may be able to seek compensation for:

• General damages: these cover the pain, suffering and loss of amenity resulting from your injuries. It accounts for the physical pain and psychological impact, as well as any reduction in your quality of life due to the accident.
• Special damages: these cover the financial aspects of your cruise ship injury, which may include medical expenses, loss of earnings, care costs, or any additional or predicted future costs that may come about as a result of your injury.

Each case is unique, and the compensation you can seek will depend on the specifics of your situation. You should consult with a solicitor who can guide you through the process of assessing and claiming the full range of compensation to which you are entitled.

Cruise ship tickets often include waivers or disclaimers designed to limit the liability of the cruise line for accidents or injuries that occur on board. However, these waivers are not always absolute, and you may still be able to file a claim even if such a waiver was signed or included in your ticket contract.

Often, waivers cannot absolve a party from liability for their own negligence or intentional misconduct.

A solicitor experienced in cruise ship accident claims can guide you on the enforceability of such documents and advise on the best course of action.

Cruise ship accidents that occur in international waters or during shore excursions can present complex legal challenges due to the involvement of multiple jurisdictions. However, it is often still possible to pursue a claim.

Generally, cruise ship claims are made against the cruise ship operator or carrier.

If the accident occurred during a shore excursion organised by the cruise line, the circumstances need careful consideration, and pursuing a claim may involve dealing directly with the local operator, and local laws would typically apply.

A solicitor experienced in international personal injury claims can help you understand these complexities and guide you on the best course of action.

In many cases, you can make a claim if a cruise ship accident aggravated a pre-existing health condition. The legal system recognises that an accident can worsen existing injuries or health conditions, and compensation can be sought for the additional harm or accelerated symptoms caused by the accident.

Given the complexities involved in distinguishing the impacts of your injury, professional legal advice is essential. A solicitor can help present a clear case regarding the extent to which the accident has exacerbated your condition, and ensure that the compensation reflects the true impact of the accident on your health and wellbeing.