Maritime accident Compensation

Maritime accident: What to Do and How to Apply for Compensation

Maritime accidents, whether they occur on ships or port facilities, can have serious consequences for passengers and crew members. Knowing how to take action and claim compensation is crucial to protecting your rights.

What is a maritime accident?

A maritime accident occurs at sea, in ports or in navigable waters, involving vessels or activities related to recreational boating. Common examples include ship-to-ship collisions, shipwrecks, fires on board, or falls into the water.

Causes can vary, from human error and adverse weather conditions to mechanical failures or negligence in safety measures. These events are regulated by international regulations, such as the Athens Convention on the Carriage of Passengers by Sea and the International Convention for the Safety of Life at Sea (SOLAS).

What to do in the event of a maritime accident

  1. Prioritize personal safety: Follow the instructions of the crew, wear life jackets, and remain calm during evacuation or any emergency on board.
  2. Seek medical attention: If you suffer  any injuries, seek immediate medical attention and make sure everything is documented. This will be a key element in supporting a claim.
  3. Document the incident: Take photos of the scene, your injuries, and any defects or malfunctions of the boat  that contributed to the accident.
  4. Obtain Witness Information: Collect the names and contact information of other passengers or crew members who may be witnesses to the incident.
  5. Inform the authorities: Inform the Coast Guard, harbour master’s office or other  appropriate authority of the accident. Official reports are essential for any claim.

Claiming for compensation in the event of a maritime accident

In the event of injury or loss of personal belongings, you  may be eligible for compensation, including:

  • Medical Care: Medical, treatment and rehabilitation expenses
  • Financial compensation: You can also apply for compensation for loss of earnings if the injuries prevent you from working.
  • Physical and psychological damage: In serious cases, such as shipwrecks, you can apply for compensation for emotional suffering.
  • Property/Material damage: Repair or replacement of property/goods damaged or lost in the accident.

Deadlines for filing claims are usually two years from the accident, depending on the applicable law. It is important to act quickly so as not to lose this right.

Available Compensation

Compensation varies depending on the type of damage suffered:

  • Medical expenses: To cover treatment during and after the accident.
  • Loss of income: Due to a temporary or permanent inability to work.
  • Pain and suffering: Due to the physical and emotional impact of the accident.
  • Property Damage: Includes the replacement of damaged or lost personal property.

International regulations, such as the Athens Convention, determine that shipping companies are liable for damage suffered by passengers if the accident is due to crew negligence or failures to ensure the safety of the ship.

When to see a lawyer

If the shipping company declines its liability or if the proposed compensation is insufficient, it is advisable to consult a lawyer practicing in maritime law.

This professional can help you:

  • Assess your case: Determine if there was negligence on the part of the shipping company or crew.
  • Negotiate with insurers: To obtain fair compensation.
  • Take the case to court: If necessary, to defend your rights.

A lawyer is also essential in complex cases, such as accidents involving multiple international jurisdictions or disputes over the cause of the incident.

Maritime Accident Prevention

Vessels must comply with strict safety regulations, such as regular inspections, proper crew training, and maintenance of navigation systems. Passengers can reduce risk by following safety guidelines, such as wearing life jackets and paying attention when  emergency procedures are explained.

Conclusion

A maritime accident can have serious consequences but knowing what to do and your rights is essential to managing the situation properly. International regulations protect victims, ensuring that shipping companies take responsibility. With solid documentation and legal advice, you can get fair compensation and ensure that your rights are respected. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.

 

 

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