The complexity of maritime accidents
Suffering an injury on board a vessel, whether it be a private boat, a speedboat, or a large cruise ship, is a traumatic and complex experience. In addition to physical and emotional harm, one finds oneself facing a labyrinth of specific regulations, often international in nature, governing navigation and related responsibilities. Understanding who to turn to and how to act to obtain fair compensation is the first fundamental step in protecting one's rights. In these circumstances, the assistance of an experienced personal injury lawyer is crucial to navigate the legal waters and ensure that every aspect of the damage suffered is correctly assessed and compensated.
The regulatory framework
The claim for damages sustained in a maritime accident is not based solely on general civil code provisions, but must take into account the Navigation Code and specific international conventions, such as the Athens Convention of 1974 (and subsequent protocols) for the carriage of passengers by sea. This legislation introduces a presumption of liability on the part of the maritime carrier, such as the cruise company. This means that, in many cases, it is up to the company to prove that it has taken all necessary measures to avoid the harmful event. Liability can extend not only to navigation accidents such as collisions or shipwrecks, but also to injuries on board caused by crew negligence, poor maintenance of facilities, or unindicated hazardous conditions, such as slippery floors or defective equipment.
The approach of Studio Legale Bianucci
The approach of lawyer Marco Bianucci, an expert personal injury lawyer in Milan, is based on a meticulous and strategic analysis of each individual case. The first step involves a detailed reconstruction of the accident's dynamics, gathering all available documentation: reports from maritime authorities, photographs, testimonies from other passengers, and, above all, medical documentation attesting to the nature and extent of the injuries. Subsequently, a precise identification of all responsible parties is carried out, which may include the shipping company, the vessel's captain, the shipowner, or third parties. The objective is to fully quantify the damage, which includes not only biological damage (injury to psychophysical integrity), but also moral damage for the suffering endured and pecuniary damage, both for medical expenses incurred (emergent damage) and for loss of future earning capacity (lost profits).
Frequently Asked Questions
What should I do immediately after an accident on a cruise ship?
It is essential to immediately report the incident to the onboard staff and the medical officer, obtaining a report. If possible, take photographs of the accident site and the injuries, and collect the contact details of any witnesses. Keep all travel documentation, including tickets and brochures, and once ashore, go to the emergency room for a complete medical evaluation.
What types of damages can I claim after a maritime accident?
Compensation can be claimed for various categories of damage. Non-pecuniary damage includes biological damage (physical and psychological injury), moral damage (inner suffering), and existential damage (worsening of quality of life). Pecuniary damage covers medical, rehabilitation, and assistance expenses, as well as lost income due to the inability to work.
How long do I have to claim compensation for an accident at sea?
The statute of limitations in maritime law is often shorter than the ordinary one. For example, for personal injury during maritime transport, the term is generally two years from the day the passenger disembarks. It is therefore essential to act promptly to avoid losing the right to compensation.
The shipping company has offered me compensation, should I accept?
It is advisable never to accept immediate offers without first consulting an experienced lawyer. Companies tend to offer sums lower than what is due to quickly close the matter. A lawyer can assess the adequacy of the offer based on a medico-legal expert report and case law, ensuring that all damages, even future ones, are considered.
Contact lawyer Marco Bianucci for an assessment of your case
If you or a family member have been the victim of an accident on board a vessel, it is essential to rely on competent legal guidance to protect your rights. Lawyer Marco Bianucci offers his consolidated experience in the field of personal injury compensation to analyze your situation and define the most effective strategy to obtain fair redress. For an in-depth consultation, you can contact Studio Legale Bianucci, located in Milan at via Alberto da Giussano, 26.