Personal Injury Law Blogs

Claiming for personal injury in the workplace in the UK

If you injure yourself at work there are some basic principles to consider before deciding to raise a claim for personal injury from your employer. For starters, it’s always good to seek workplace injury prevention services and know that your employer has certain obligations to you; ensuring all equipment used in the course of your working day is in good condition and safe, ensuring the environment you work in is as safe as possible and any risk of danger are constantly assessed and steps taken to avoid harm. Employers are essentially charged with ensuring your safety to the best of their ability when you are working for them.

For a successful claim of personal injury there should be, at the very minimum the following:

1)      You were injured, whilst undertaking your duties for your employer

2)      This injury has caused you to suffer loss

Some Points to note

Claims for compensation are more prevalent than you may imagine but they are not meant to be a money making exercise. Instead they serve to put you back in the position you would have been had the accident not happened. For example give you pay for time off or to cover any extra medical bills.

If you are injured at work and do require time off you will generally only have the right to statutory sick pay, unless there are specific mechanisms in place that allow for longer and fully supported time off work. See here and here for more details

The time limit for raising a claim for compensation is on the whole three years from the time of accident. However, work related illnesses are generally three years from diagnosis.

The most typical claims for injury in the workplace are: Being struck by an object, Accidents from trying to lift objects, falling from a height and trips, slips and falls. Other types of claim can be from work-related illnesses such as asbestos related illness.

What to do first

The first thing to do is take a note of all of the details surrounding your injury. Take as many as possible because it can sometimes be a while before claims a settled and the better your recollection the better chance you will have of succeeding. Included in these notes should also be any and all witnesses, their accounts too if possible and notes of any log in your employer’s accident book.

Your employer must record all injuries at work, regardless of how serious they are, the only caveat being that some very small companies may not have to keep this form of log. However, on the whole this should be adhered to strictly by the employer, for the benefit of the employees as well as the employer. It provides both parties with details on what happened in case you need tie off work or need to claim for compensation later on.

You have decided to make a claim – What Next?

The first thing to do is to get legal representation. If you are a member of a Trade Union it may be possible to use their legal services instead. There are a large number of legal firms who specialise in dealing with personal injury claims. Simply typing “personal injury” into Google brings up pages of firms wanting your business. These range from the national companies who only deal with these types of claims, such as National Accident Helpline, Claims Direct, Injury Lawyers 4U and so on.

There are also a lot of other law firms with excellent reputations in this field. For Scotland some good firms are: Brodies, Irwin Mitchell, Digby Brown, Lawford Kidd, Dallas McMillan and Thompsons (Scotland). Most of these firms offer services such as no win no fee which can be of tremendous help if you do not qualify for Legal Aid. In England and Wales there are: Thompsons, Fentons, Irwin Mitchell, and Duncan Gibbins Solicitors.

As soon as you have appointed legal counsel, they will give you a clear indication of how likely to succeed your claim will be and what type of compensation to expect. They will also take all of the workload off of your hands and will begin to process of making your claim and start negotiations to get you the best possible settlement.

It is worth noting that where possible it is preferable to avoid litigation and sort these things with your employer however, there wouldn’t be so many firms clambering for business if things were that straightforward. Do keep in mind if you are working with the same company that you should not embellish any actions and act honestly and professionally throughout.

Thanks to Jerry Oldwell for this guest post. Jerry specialises in compensation claims for injuries obtained in the workplace. To find out more, visit www.workplaceclaim.co.uk and find out how you can make a claim.

Personal injury claim fact file

Injuries arising from accidents are often the hardest to bear, not least because of the fact that they could have been prevented. People who suffer with these injuries that were sustained through no fault of their own often try to make personal injury claims. However, when making such claims, what should you know?

  • In order to win compensation, you don’t always have to go to court. With a personal injury lawyer by your side, you can make a claim outside of court in front of a panel of legal experts who reach a decision on whether your claim was successful.
  • Although it’s possible to make a claim without legal representation, if you go down this path with your claim, any compensation you do win won’t be anything like as much as you should receive.
  • If you receive any compensation, the likelihood is it will be the appropriate amount, based on how much income you’ve lost and how much you’ve had to pay in medical costs.
  • If you make a claim against your employer after an injury at work, you won’t lose your job. Sacking someone for making a compensation claim is illegal, and won’t be in the employer’s best interests.
  • While making a personal injury claim, it’s possible to receive medical treatment. Anything that helps you to recover is worth doing, while insurance companies do, to some extent, help with any treatment needed.
  • If you’re worried about your claim going in favour of a big company or institution, you don’t have to, as governments and law courts have to guarantee the safety and wellbeing of all citizens.

About the author

This post is brought to you by Mike Cornwall, one of the UK’s leading medical solicitors – and one of the medical experts that can regularly be found writing for first4lawyers.com

Are You Protected From Personal Injury Claims?

Personal injury claims post from an Australian personal injury law firm.

We have all been told from an early age to be careful by our carers. As adults we are expected to show due care in all of our endeavours to avoid injury to ourselves and others. Despite this education and awareness injuries can still occur. But, how do you know that you and others around you are protected against debilitating injuries or even death arising from someone else’s negligence.

Scenario 1:

You are looking to change your house into an investment property. Research has been conducted on the financials, property management and tenants. That’s all you have to think about right? Wrong. What about insurance? You may have presented for lease a beautifully appointed apartment with all the latest ‘mod-cons’, but this does not mean something will go wrong.

Competent Property Managers conduct regular checks on the dwelling to determine its condition and tenants are encouraged to report any issues that affect the use of the services within the property. You are vulnerable, as an owner, to insurance claims should you fail to attend to any noted issues as well as if your property manager fails to disclose or notice infringements.

Likewise as a tenant you can be exposed to risky living situations if a Property Manager ignores your calls for repair work or an owner refuses to perform necessary amendments. It is important that you know your rights to ensure that not only are you getting what you paid for, but you are living in a healthy and safe environment.

A Personal Injury Compensation Lawyer will give you the support and guidance you need to address any accidents or injuries sustained as a result of negligent owners or property managers.

Scenario 2:

Owning a pet is a notable part of family life these days and many take on the responsibility of pet ownership to both negative and positive outcomes.

Pets are positive additions to families especially those with children as they offer exercise, excitement and entertainment. Many people opt for mainstream species such as Golden Retrievers and Poodles, but there are increasing numbers who can’t resist the allure of combining companionship with security. Savage dogs are becoming more popular with pet owners as they provide more ways to keep themselves and their belongings safe. This does being with it an inherent danger. Some owners fail to realise the extent of care and supervision needed for these type of dogs and dog attacks can ensue.

In most jurisdictions, dog attacks are looked upon with strict negligence standards, which leaves the owner solely responsible to the injured party and their right to sue.

If you have been the victim of a dog assault it is important that you seek professional help such as a Personal Injury Claims Lawyer to consider your right to compensation for medical costs as well as pain and suffering.

Despite the boy scouts famous motto, it is impossible to be prepared all of the time. Be sure that as an owner of a property or dangerous animal you have appropriate insurance to cover potential accidents. As an individual know your rights and seek advice from compensation professionals should you need it.

Inspired by Smith’s Lawyers.

What To Do When Your 3 Hour Tour Becomes A Hospital Visit

Water sports are a fun activity for many people, but boating accidents can be very serious. Damages can vary widely, depending on the circumstances, and any mishap can eventually land a victim in the hospital or result in a fatality. There are several conditions that can affect a potential victim’s insurance claim for damage recovery. Injuries resulting from recreational outings can be complicated because of a lack of evidence and contested testimonies. The boater should always be aware when using any water craft.

Observe All The Boating Safety Regulations

Many accidents requiring a hospital stay could easily be prevented if the victims had been compliant with the laws and safety regulations. Anytime you get on a boat make sure to wear the appropriate life jacket and make sure that the vest secures properly. It is easy to lose a life vest in a turbulent water situation. According to our Jones Act lawyer, crew members involved in boating accidents routinely end fatally and safety compliance is crucial to any valid claim. It is important to use any equipment deemed necessary. Being prepared may not stop the accident, but it can save a life.

When An Accident Occurs

It is difficult to think clear in moments of extreme stress when severe accidents and injuries occur, but injuries can also happen with less calamity. All watercraft are subject to the power of the waves and are relatively unstable. Head injuries can occur easily and body injuries are common occurrences. Broken arms and legs are especially routine and head and neck injuries can have long-term effects. Many times accidents occur out in the water and it is important to stabilize any injured body part as much as possible while returning to shore or waiting for rescue. The individual in charge of the boat should never underestimate the seriousness of an injury.

Calling The Authorities

The severity of an injury can dictate the protocol, but any call to the local authorities could at least result in a report that could be evidence in an injury claim. It could also help medical diagnosis in some cases. The report serves as proof of the accident on the water and specifies the exact location. When the authorities arrive all parties should always comply with their requests, including investigations into the cause of the mishap. In cases of severe injury, medical professionals will often be available to begin the treatment process.

Assemble The Documentation

Boating accidents can be very scary events and are troublesome because of isolation in deep water. It is important to use common sense in all aspects of recreational boating, especially when it involves a commercial boating service. Documentation of any type is important because records are needed for any claims pertinent to the accident and injury. There usually is a negligence claim involved with boating accidents and injuries, especially those that occur in high-risk activity. An injury report will usually suffice for accidents that occur on small personal watercraft.

Boating injury cases will naturally have a component of the victim’s reasonable assumption of risk, but the responsibility for duty of care still exists. Many common injuries are not necessarily subject to punitive damages, but can be assessed for compensatory claims. It is always necessary to have effective and experienced personal injury counsel when pursuing a claim. Leaving the paper and claim chase to the professionals allows the victim to concentrate on recovery.

Chris Bennett is a legal researcher and contributing author for the law firm of Doyle and Razner. Maritime law is complicated and governed by obscure federal statutes. Your rights and opportunities for compensation under The Jones Act will vary greatly from any other type of injury case. If you are looking for a Jones Act lawyer, Doyle and Razner is experienced and well versed in maritime law.

Assault & Battery

Assault and battery are two separate acts of violence that are used together so often most people may find it difficult to define them independently of each other. Put simply, assault is threatening harm against another person. Battery is actually striking the person. From there it can get complicated.

For battery to occur, there must be proof of intent. Otherwise, standing up on the subway and accidently bashing someone on the chin could be considered battery. Consequently, assault usually precedes battery. Assault and battery in the above situation would include a verbal threat to stand up and bash the other person on the chin and then doing it. The first example is an accident; the second is a crime.

Continuing with the unfortunate incident on the subway, if the assailant tells the other person of his or her intention to stand up and bash the victim on the chin and the intended victim runs to the other end of the car without getting hit, then assault is the crime.

Assault must include evidence of capability to carry out the threat. The victim will usually know or believe the threat is real and not just talk. Battery doesn’t always follow assault. A policeman, security guard, or even a concerned citizen can intervene and prevent the battery. However, assault has occurred and an officer of the law can arrest the assailant on those charges.

Defending yourself after an assault can be a complicated case; especially if there is a weapon involved in your defense. Self-defense with deadly force is difficult to justify against mere assault. Most states require that the victim show an attempt to flee the scene or seek other redress before resorting to deadly force. Part of the complications of the Trayvon Martin case is that both Trayvon and George Zimmerman had other options other than deadly force.

Battery can exist without assault in the case of a sucker punch or battery committed in the act of surprise.

Assault and battery have traditionally been prosecuted as misdemeanors, usually punishable by up to a year in jail. However, recent changes in the criminal code, allow those accused of assault and battery to be tried for a felony if the intent was to kill, rob, rape, or if a firearm was used in the act of the crime. In other words, simple verbal assault is a misdemeanor or a year in jail, while assault while holding a gun is a felony and could get you five to ten years in prison.

Assault and battery cases often involve several extenuating circumstances. Before you get railroaded into accepting a charge of assault and battery, contact a quality New Jersey criminal lawyer to protect yourself.

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Gary Hall likes to write – a lot. In fact, he’s mentioned it before. His tastes range from beekeeping to classical piano. He finds himself moonlighting as a writer for several companies, including http://www.elliotsavitzlaw.com/ – something he enjoys almost as much as honey. Almost.

Dealing with motorcycle accidents

Guest personal injury blog post from Orbis Solicitors. Based in Lancashire they have extensive experience of motorcycle accident cases. Their motorcycle team is run by bikers, for bikers and they are big supporters of motorcycling events across the region. They can also offer advice in employment law, professional negligence and debt recovery cases.

Road accidents often have the most serious consequences when a motorcycle is involved. Riders and their pillions are more exposed than car drivers and they travel much faster than cyclists and pedestrians; all of which increases the risk of severe injury.

Department for Transport statistics show there were 5,609 motorcycle accidents which resulted in a serious injury or fatality in 2011. These could include brain damage, spinal injuries or amputation. There were more of these cases among the 20-29 age group than any other, but incidents of this nature affected all ages.

A further study also indicates that you were over 70 times more likely to be killed or seriously injured on a motorbike than you were in a car in 2011, but as any specialist motorcycle accident solicitor will tell you, this is frequently not the fault of the rider and you or your family may well be due significant compensation if you are involved in an accident.

Disputed liability

As in most cases where there is fault (liability) to be decided; motorcycle accident claims tend to rest on disputed liability, namely who is to blame for the accident.

This could be another driver, but it can just as easily be a defect in the road that has caused the accident, such as a pothole. In these cases, whoever is in charge of maintaining that road may be liable for your injury.

What to expect from your personal injury solicitor

During the course of recovering your compensation, you can expect your solicitor to help you get access to the best medical attention and rehabilitation you need. In most instances, it is vital that you receive appropriate care straight away and a good personal injury solicitor will ensure this happens early on in your case rather than waiting until compensation has been agreed or the case is concluded. This means that wherever possible, you will get back to your pre-accident life and back on the road as quickly as possible.

Cases such as this can often become complicated affairs, particularly if a vehicle involved is uninsured or you are involved in a hit and run incident, but if you find a solicitor you can trust you should get all the practical support and specialist legal advice you will need.

Absolutely Vital for California Bicyclists: Uninsured and Underinsured Motorist Coverage

In the last week—like nearly every week in California—there have been several deadly accidents that involved collisions between bicyclists and automobiles. On September 28 in Novato, a twelve year old girl was struck by a Sport Utility Vehicle as she rode her bike through her Northern California neighborhood. The helmet she wore was little help against the massive vehicle. The little girl was pronounced dead shortly after arriving at the hospital. In another incident, a respected doctor in San Luis Obispo was killed after colliding with a truck while riding his bike. And finally, a 35 year-old man was killed when a car crashed into him on his bicycle in the idyllic community of San Diego County’s Valley Center. This is only one week in the state. Unfortunately, these types of tragic incidents happen on a weekly basis throughout California.

Rarely is a car and bicycle accident minor. Though many of the same laws apply to bicyclists and motor vehicles, the modes of travel are far from similar. Hundreds of people are involved in these accidents each year throughout California while they ride their bikes: wrongful death; serious head and spine injuries; lacerations and broken bones; life-long paralysis; mental incapacitation. These are all common when bikes and cars collide. For the distinct possibility where long-term medical care is needed after a bicycle crash involving a motor vehicle, a bicyclist must be sure that they carry Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.

Since a bike accident can cause such serious injuries when an automobile is involved, there is a high likelihood that the car driver will not have adequate insurance to cover the medical costs incurred. Furthermore, California has countless people who drive without any insurance at all despite the legal requirement to have it. Cyclists are encouraged to carry UM and UIM insurance on their cars because the coverage will also protect them on their bikes and other modes of travel; walking, driving a motorcycle or bicycle: UM and UIM offers financial support if the driver of the vehicle involved is at fault and does not have adequate insurance.

Motorists throughout California risk punishment for not having insurance. If such a person causes an accident with a bicyclist, the cyclist may have an incredibly difficult time recovering compensation for medical care and lost wages. California insurance companies are required to offer UM and UIM coverage. Most insured drivers in California—unless they sign a waiver—have UIM insurance coverage. But as with all policies, the amount of coverage can vary greatly.

In California, drivers are typically entitled to protection with uninsured and underinsured motorists in the same amount of liability coverage that they have. Thus, if a driver has $100, 000 of liability protection, they may likely have $100, 000 of UIM coverage. To get this level of coverage is a bit more expensive than the legally required amount of California auto insurance. The least expensive UM and UIM insurance plans include $30, 000 for each injured person and $60,000.00 for multiple injured people in the same accident that involve uninsured or underinsured motorists.

To get even less than the minimum amount of UM and UIM, the motorist must ask for a special provision when they purchase car insurance. In such cases, a driver can get $15, 000 for each injured person and $30, 000 per accident of UM and UIM insurance. Clearly this is far from enough coverage if a bicyclist is injured by a vehicle operator that does not have insurance or is underinsured. Serious head or spinal trauma; mental and physical disabilities; lost wages and round the clock medical care: several thousand dollars will not be adequate to cover such costs. Even if a negligent driver does have some insurance, it will almost certainly not be adequate for a car and bicycle crash.

For many California drivers, they want to abide by the law and save money; they purchase the bare minimum insurance. They may believe that the chances of accident are so slim that they need only the legally required amount of insurance. This is why bicyclists must carry formidable Underinsured Motorist coverage. The chances of being struck by a reckless or negligent car or truck driver in California are high. The chances that the driver will have inadequate auto insurance are equally high.

For California bicyclists, UM and UIM protection is vital. Bicyclists should budget to have the maximum amount of coverage available. If you ride a bicycle or motorcycle, having UM and UIM can make a massive difference to your long-term health care if an unfortunate incident befalls you. There are so many variables that a bicyclist cannot control on a California roadway. The amount of insurance coverage is one of the few things that can be controlled. Wearing a helmet and being extremely cautious are also up to the cyclist. But such precautions are not enough; even the most careful, expert and heavily armored riders may sustain catastrophic injuries. When the stakes are so high, the extra cost for extensive UM and UIM is well-worth the cost.

For a detailed description of UM and UIM and their relation to California bicyclists, contact a trusted insurance industry representative or a lawyer who has a particular focus on this area of the law.

This article was written by Adam Abel on behalf of the Los Angeles law firm of Lederer & Nojima, LLP.

 

Are You at Risk of Injury from a Hail Storm?

Hail Storm July 2006 VViolent weather can happen almost anywhere, and perhaps there’s no weather element that’s more dangerous than hail. Hail stones come in sizes that range from as small as a pea to as large as a baseball, and even a short hail storm can lead to physical injuries, property damage and more.

Physical Injuries from Hail

If you are outside during a hail storm, be careful – you may be at risk for severe injuries. While most hail is small, it is not the size that can cause injuries. The concern with smaller pieces of hail is that they arrive in large numbers, essentially raining down sheets of hard ice chunks. If you are unfortunate enough to be caught outdoors in a hail storm, you may end up with cuts, bruises and even broken bones. Additionally, hail can pose a threat to your eyes if you are not wearing vision protection.

Structural Damage Leads to Injuries

While hail can cause physical damage to the body, that is not the only danger. In fact, hail can damage structures, such as homes or businesses, leading to unsafe conditions and the further possibility for injury. When hail damages a structure’s roofing, small cracks and leaks can begin occurring, often leading to larger ones as time goes by. Once water has had a chance to infiltrate a structure’s wood foundations, rot can set in and cause the entire structure to be at risk of a collapse. Many times, hail creates such a small amount of damage during the actual storm that homeowners and business owners do not even realize the potential for future damage exists until it’s too late. This is when you run the risk of being denied insurance claims as a result of such damage.

Our Phoenix hail damage attorney warns that insurance companies may deem that the damage to your home or business was pre-existing before the hail storm ever took place. If your property was damaged and you or someone else was injured as a result, contacting an experience attorney can help you resolve all of these issues.

Other Concerns

Hail can also cause injuries in other ways, including making the ground slippery. Hail stones on roadways and walkways can lead to dangerous slips and falls as well as vehicle accidents. Slips and falls that occur as a result of hail stones being on a walkway can lead to severe trauma, including internal organ damage, brain damage and more. Additionally, if you are driving on a roadway that has hail stones on it, your vehicle’s tires may not be able to grip the road, and at that point, your steering will become useless. Because of the loss of driver control, vehicles involved in hail-related accidents often suffer extensive damage.

Editor’s additional notations – for a list of some of the Best Car Accident Lawyers in Phoenix click here – this may be helpful in addition to the other points from this post.

If You Have Been Injured

If you have suffered injuries because of hail and your injuries could have been prevented by someone else, you may be entitled to compensation from that person or entity. To find out more information on how you can seek out that compensation, most people recommend contacting a personal injury lawyer. A personal injury lawyer can examine the specifics of your case and injuries, and he or she can then recommend a course of action to remedy the situation. If needed, a personal injury lawyer can also file a lawsuit on your behalf to seek out compensation, and he or she can also represent your interests in court.

Finally, in order to protect yourself from hail-related injuries, it’s important to always stay indoors during hailstorms. If you are unable to be indoors, try to find a shelter while the hail is coming down, but never stand under a tree if lightning is present during the storm. If you are in your vehicle, find a safe place to pull over, and never drive over roads that have been heavily affected by hail.

Karla M. Somers is a legal researcher and writer with a background in conflict resolution. She is a contributing author for the law offices of Doyle Raizner, a well-known Phoenix hail damage attorney firm. This experienced legal team can help you with everything from personal injury to insurance law, workplace injury, maritime accidents and international injury.

Factors to remember while filing compensation if you face truck accident

It has been seen that injury received in a truck accident is quite crucial as compare to the injury received from a car accident. Have you faced such type of accident recently? If so, take few immediate steps so that you get compensation for the injury you have received. Most of the time, in such type of accidents, the driver of the truck is often blamed for causing the accident. However, the actual person responsible for the accident may be the owner of the truck. Hence, being the victim of such type of accident take few immediate steps. These steps will help in determining the individual responsible for the incident.

What are those immediate steps?

Do you know about the immediate steps which can help you to get compensation easily? If not, take a look into the following points to know about such factors in details:-

  • Get in touch with an attorney as soon as possible – After facing a truck accident, your immediate step should be to take medical treatment as soon as possible. Once it is done, get in touch with an attorney that can provide you professional truck accident law services. Otherwise, the evidences related to the case may get tampered or damaged. In Houston, truck accident lawyers are quite experienced enough in handling such type of case successfully.
  • The lawyer should know about the rules in details – The lawyer you appoint for legal assistance should be quite competent about the various legal norms that are attached with such cases. In fact, the appointed lawyer should be capable enough to explain you about these legal obligations in details.
  • Should file a lawsuit as soon as possible – Instead of waiting for you to recover from the injury, your attorney should file a lawsuit for compensation as soon as possible.
  • Appointed attorney should search for evidence – The lawyer you hire for legal assistance should be competent enough to collect as much evidence as possible to win the case in your favor. A reputable law firm like HawkLaw handling truck accident cases can help you get the proper compensation for your injuries.
  • Keep the medical documents along with you – After receiving the injury, you must have taken medical assistance. To get medical assistance means you might have to go through medical treatment. However, there must be few documents that will tell about medical treatment that you have taken. These details should be provided so that your appointed lawyers add these details while placing the lawsuit for compensation.

Considering these factors can actually help you in gaining the deserved compensation amount from the truck owner. In fact, taking these steps can help you to receive the compensation as early as possible.

Carnival Cruise Lines Sued over Shipwreck in Italy

Passengers of the Costa Concordia and businesses affected when the Carnival cruise ship ran aground have sued the Miami-based Carnival Corporation, seeking millions of dollars in damages.

Plaintiffs Believe Carnival is Responsible

Investigators believe that the Costa Concordia struck a reef while passing Giglio Island, an island off of Italy’s Tuscan coast. The island is part of a European marine sanctuary. The accident resulted in 32 deaths. Evidence suggests that the cruise ship was sailing too close to the island.

Carnival is the world’s largest cruise line. According to the plaintiffs’ lawsuits, Carnival is the parent company of Costa, the cruise ship operator. Therefore, Carnival is ultimately responsible for the recklessness, negligence or safety violations that may have contributed to the accident that occurred on January 13. The Costa Concordia was carrying 4,229 passengers at the time of the crash.

Edward Ricci filed a lawsuit on behalf of the Giglio Island businesses which were affected by the incident. He claims that the accident has deterred visitors to the popular tourist destination. Further, the accident polluted the environmentally sensitive coastline and has diminished property values.

Although the Costa subsidiary is based in Italy, Ricci argues that, as a Carnival brand, Costa is technically run by the Miami-based Carnival Corporation. Following the incident, Carnival conducted a massive audit of its safety practices.

According to Ricci, the crash could have been prevented by implementing more stringent training of officers, promoting safer operation of the cruise ships and ceasing the practice of sailing dangerously close to shorelines.

At least four other related lawsuits have been filed in federal and state courts. One lawsuit represents 155 passengers from 14 countries.

The ship’s captain, Francesco Schettino, is currently being investigated on charges of manslaughter and failing to communicate with maritime authorities. He is also suspected of abandoning ship. A hearing on these charges is scheduled to take place in an Italian court on October 15.

 Carnival Insists Costa is Separate Company

In court documents filed by Carnival, the cruise company insists that the Costa line is a separate corporate entity. Therefore, Carnival alleges, any lawsuits related to the crash should be filed in Italy, where Costa is based. Carnival’s lawyers insist that the company does not manage the day-to-day activities of Costa. Further, when the passengers purchased their tickets, they agreed to a “forum clause,” which specified that any legal action against the company must be pursued in Italy.

The question of ownership and management of Costa is unclear. Costa is a subsidiary of a Carnival plc, which is based in London. The London-based company seems to be separate from the Miami-based company, but they share the same top executives and board of directors. The two Carnival companies also work together as a “single economic enterprise,” according to court documents. A company named Costa Cruise Lines, Inc. is based in Hollywood, Florida and released statements following the accident.

A Carnival representative stated that the company will not offer further comment due to the pending litigation.

The ship is still located off the coast of Giglio, although Italian officials believe that the wreckage can be cleared in the spring. Although the wreckage has had a negative impact on local hotels, there has been an increase in the number tourists taking day trips to view the overturned ship. Some local companies are capitalizing on this “disaster tourism” by offering boat tours to get a closer view of the wreckage.

 

This article was written by Carrie Green on behalf of SanMateoDUILaw.com. Accidents causing injuries are a serious matter, and victims should seek compensation.