The world of commercial fishing is fraught with risks, and when accidents happen, the impact can be life-changing. If you’ve been involved in a trawler fishing boat accident that wasn’t your fault, get in touch with Switalskis to make a commercial fishing accident claim. We can help you get the compensation you deserve.

At Switalskis, we're not just experts in handling these types of claims; we're also your trusted supporter throughout the entire process. We can provide you with the best legal advice tailored to your situation thanks to our client-focused approach. We're not just here to talk at you; we're here to listen and provide solutions that make sense for you.

If you’ve been injured while working as a commercial fisherman, we know that you could be dealing with potentially serious injuries. With our unique blend of legal expertise, genuine care, and a straightforward approach that cuts through the jargon, we’ll help you get the compensation you need, so you can focus on what really matters: your recovery and wellbeing.

If you've been involved in a commercial fishing accident, you may be wondering whether you’re eligible to make a claim for compensation. Much of this will depend on proving that your employer failed to deliver on their duty of care. We’ll need to be able to establish the following:

• Liability: this refers to the responsibility that someone (usually an employer or equipment manufacturer) has for your safety while you're on the job. If thiey fail to meet their safety obligations and you're injured as a result, they could be held liable for your injuries.
• Negligence: this goes hand-in-hand with liability. It's the failure to take reasonable care to avoid causing injury or loss to another person. In a commercial fishing environment, negligence could manifest in various ways, such as inadequate training, poor maintenance of equipment, or failure to provide appropriate safety gear.

To make a successful claim, you'll need to prove that the responsible party was negligent and that their negligence led to your accident. This often involves gathering evidence like accident reports, witness statements and expert testimonies. Don't worry; we'll guide you through this process and make sure you have a strong case.

If you've been injured in a commercial fishing accident and believe that someone else is at fault, you likely have grounds for a claim. We're here to help you understand your rights and navigate the complexities of liability and negligence.

Working on a trawler is a physically demanding job that exposes you to a variety of risks. When accidents happen, the injuries sustained can range from minor to life-altering; in some cases, they can even be fatal.

Here's a rundown of some of the most common injuries.

• Broken bones and fractures: falls on the deck, being struck by equipment, or accidents during loading and unloading can result in broken bones and fractures. These injuries often need immediate medical attention and can have long-term consequences on your ability to work.
• Head injuries: head injuries, including concussions, are a serious concern. They can happen as a result of falls, being hit by swinging equipment, or other accidents on the trawler. The impact of a head injury can range from mild to severe and can have lasting effects on your health.
• Burns and scalds: exposure to hot equipment, steam or even chemicals used on the trawler can result in burns and scalds. These injuries can be extremely painful and may need extensive treatment.
• Hypothermia and cold-related injuries: working in cold, wet conditions for extended periods can lead to hypothermia or other cold-related injuries like frostbite. These conditions can be life-threatening if not treated promptly.
• Drowning and near-drowning incidents: given that the work environment is at sea, there's always a risk of falling overboard. Drowning or near-drowning incidents are a grim reality and underscore the importance of proper safety measures.
• Musculoskeletal injuries: the physical demands of the job can lead to musculoskeletal injuries, including sprains, strains and chronic back or joint pain. While they may seem minor initially, they can become debilitating over time.
• Psychological trauma: the psychological impact of a trawler accident can be serious. The emotional toll can be just as damaging as the physical injuries, leading to conditions like post-traumatic stress disorder.

Understanding the types of injuries commonly associated with trawler fishing can help you make sense of your situation and understand what you need to do next. If you've suffered from any of these injuries due to a trawler fishing accident, you may be eligible for compensation.

If you've been involved in a fishing accident, you're probably wondering what steps you need to take to make a claim. One of the most essential aspects of this process is gathering evidence. A well-documented case can make all the difference in securing the compensation you deserve.

Here's a rundown of the kind of evidence you'll need:

• Accident reports: the first piece of evidence you should aim to secure is the accident report or a report from the Marine Accident Investigation Branch. This is usually filed with the employer or the vessel's captain. It details the circumstances of the accident, the injuries you’ve sustained, and any immediate actions taken. If an official report wasn't filed, make sure to document the incident yourself in as much detail as possible.
• Medical records: these serve as concrete proof of your injuries. This includes initial assessments, treatments received, and any ongoing medical care. These records can also help establish the severity of your injuries, which can be vital in helping to decide how much compensation you might receive.
• Witness statements: if any crew members who witnessed the accident, their accounts can be invaluable. Witness statements can support your version of events and provide additional perspectives that you might not have considered.
• Photos and videos: visual evidence like photos and videos can be compelling. If possible, capture the scene of the accident, any visible injuries, and any equipment or conditions you believe contributed to the accident. These can offer a real-time account of the incident and its aftermath.
• Expert testimonies: in some cases, you might need the input of experts to strengthen your claim. This could be a medical expert to testify on the long-term impact of your injuries, or an industry expert to comment on safety standards and practices in commercial fishing.
• Financial documents: if you've experienced any costs due to the accident, such as medical bills or travel expenses for treatment, keep all the receipts. These will help in claiming back these expenses. Also, if you've lost income due to being unable to work, documentation like pay slips or share record cards can help to prove this.
• Communication records: keep a record of all communications related to the accident and your injuries. This includes emails, text messages, and even notes from phone conversations. These can help paint a full picture of how the incident was handled.

Gathering evidence might seem overwhelming, especially when you're dealing with the aftermath of an accident. We're here to guide you through each step, making sure you have all the evidence you need.

Time is of the essence when it comes to making a commercial fishing accident claim. Generally, you’ll have three years from the date of the accident to make a claim. This is known as the limitation period. If you miss this deadline, you may lose your right to claim compensation, no matter how strong your case is.

If you're claiming on behalf of a loved one who has passed away due to a fishing accident, the limitation period is generally three years from the date of death, or the date when the death was linked to the accident.

While three years might seem like a long time, gathering evidence and building a strong case can take months. The sooner you start the process, the easier it is to collect vital evidence like accident reports, witness statements and medical records.

Understanding time limits and their exceptions can be confusing. That's why we're here to guide you through every step, so that you don't miss any important deadlines.

Worried about the costs of making a claim? You're not alone. Many people hesitate to pursue legal action because they're concerned about the financial aspect. But at Switalskis, we aim to make the process as stress-free as possible for you.

A number of options are available:

• A no win, no fee arrangement is the most common way to fund a claim, also known as a conditional fee agreement. With this arrangement, you won't have to pay any legal fees upfront. Instead, we'll take a percentage of your compensation if you win the case. If you don't win, you won't owe us anything.
• If you're a member of a trade union, they might offer financial support for commercial fishing accident claims. Contact your union representative to see if this applies to you.
• You might already have legal expenses insurance as part of your home or car insurance policy. This can sometimes be used to cover the costs of making a claim. It's worth checking your existing policies to see if this option is available to you.

Regardless of how your claim is funded, we believe in complete transparency. We'll discuss all the options with you during our initial consultation, so you can make an informed decision that suits your financial situation.

If you think you were partly at fault for an accident on a trawler boat, you can still claim compensation. This situation is known as contributory negligence, and it doesn't necessarily prevent you from making a claim.

Contributory negligence is when both parties share some level of fault for the accident. For example, if you were injured while working on a trawler but weren't wearing the proper safety gear, you might be considered partly responsible. However, if the main cause of the accident was a lack of safety measures on the boat, then the boat owner could also be held liable.

If you're found to be partly responsible, it could affect the amount of compensation you receive. The compensation might be reduced by a percentage that reflects your share of the blame. So, if you were found to be 30% responsible for the accident, you might be awarded 70% of the total compensation amount.

In cases involving contributory negligence, having experienced legal support is especially important. We'll help you navigate the complexities and make sure that all factors are considered. Our aim is to secure the best possible outcome for you, even if you were partly at fault.