Have you been injured while on a holiday, travelling or overseas? It’s no secret that accidents away from home can often be devastating, and especially when you are in a foreign country. Whether you have been involved in a cruise ship accident, an aircraft accident, an overseas motor vehicle accident or an accident in your holiday accommodation or public place, it is vital that you know you’re not dealing with the situation alone.
As well as causing injury and financial loss, accidents abroad often bring disappointment, from disrupting important holiday time, to added complications in finding appropriate medical treatment abroad, or needing to be repatriated back home.
We also know that being injured in Australia when you are here as a visitor is equally stressful. That is why we are here to help.
A travel accident occurs when you are injured in the course of travel or whilst overseas. Examples of accidents occurring during the course of travel include accidents on internal and international flights, accidents on cruise ships, and accidents on trains and coach tours.
Accidents overseas cover a variety of situations, for example, you may have been involved in a motor vehicle accident in France, a fall from a balcony in Bali, or a speedboat accident in Thailand. We strongly recommend that Australians ensure that they have a good level of travel insurance cover and register their travel plans with the government’s Smarttraveller website https://www.smartraveller.gov.au/ before leaving home. Once you are safe and have received medical attention, one of the first things you should do is get in touch with a personal injury lawyer in Australia.
It can be confusing and stressful to know where to turn to protect your rights, especially when you are dealing with foreign insurance companies in a foreign language. We have expert travel accident lawyers who speak a number of foreign languages, and will take the stress away from the compensation claims process.
It is hard to put five years into one letter of how thankful I am to have had you by my side. You have been my rock in this very difficult time. You have been so understanding, compassionate, and professional. Karina, you have been so driven to making sure my injury wouldn’t affect my entire life and determined to get the best outcome for me and my family.
The duration of a claim depends on the unique circumstances of the accident and the injuries involved.
If a person has suffered complex or serious injuries that require extensive medical investigation and treatment, it can take years to finalise their claim because their medical condition needs to be stable before their claim can be finalised. A compensation claim is not only about what has happened in the past, it is also about an injured person’s most likely future circumstances, which cannot be adequately assessed before their medical condition is stable.
If the claim cannot be finalised through informal settlement negotiations, it can take years to go through the court process and to be allocated a hearing date. This is not only the situation in Australian courts. Overseas courts also tend to have a backlog of cases waiting for a hearing date.
This is an especially complex question because when it comes to travel injury compensation claims, the time limit may be dictated by the law of another country and those laws may be completely different to Australian laws. If the law of another country applies, it is crucial to obtain reliable and verified advice from an expert in the law of that country. We have reputable contacts all over the world from whom we obtain advice and with whom we collaborate to ensure you receive the best service possible.
Even in New South Wales, different time limits apply depending on the type of accident. For example, the time limit that applies to an accident on an aeroplane at Sydney Airport, is different to the time limit that applies to a slip and fall on a cruise ship, where New South Wales law applies to the injured person’s booking.
Time limits are not straight forward and must be confirmed by an expert to avoid a late claim and to avoid potentially losing your right to claim compensation.
The answer to this question depends not only on how the accident happened but where, who was involved in the accident, and whether there is a contract in place that is relevant to the accident.
For example, if a person is injured in an accident when they are travelling on a tour bus as part of a tour they booked through a cruise company, they may be able to claim compensation from the tour company and the cruise company, as well as potentially the individual(s) whose driving caused the accident.
A person who is injured at an airport, for example, may be able to claim compensation from the airline with which they were travelling, or the airport itself, depending on where in the airport the accident happened and when in the boarding/disembarking process the accident happened.
Unfortunately, the legal systems of some countries are extremely restrictive and do not allow individuals who are injured in accidents to claim compensation. There are also situations where even though there is a personal injury system in place, it is extremely difficult if not impossible to locate adequate legal representation to assist you with a claim.
On the other hand, there are also countries where the laws and legal systems are accessible and viable claims for compensation can be brought by Australians who were injured during their overseas travels.
You should contact us if you are unsure which law applies to your situation. We have reliable experts all over the world who may be able to assist you.
Representing yourself in a travel accident compensation claim is likely to involve a great deal of stress and complexity, on top of your already stressful situation.
Personal injury law is complex. Coupled with having to assess and determine the applicable overseas law, if you attempt to represent yourself without adequate expert advice, you are likely to run into trouble.
We can advise you on your potential rights, the strict time limits that apply as well as the best way to start and progress with your claim.
Claims are still progressing despite Covid-19. We are experiencing delays with some claims however this does not mean that claims cannot progress and be finalised.
If you have been injured in a travel accident before or since the Covid-19 pandemic began, it is important to seek legal advice as soon as possible.
In some travel accident claims, injured people can not only claim compensation for their diagnosed injuries but can also claim for their distress, disappointment and loss of enjoyment of their holiday.
In addition, there are situations where injured people can claim the cost of the portion of their holiday that was affected by the accident and their injuries, from the day they were injured, for all the days following the accident.
If you have suffered an injury or illness while travelling in Australia or overseas it can have a terrible impact on your quality of life and finances. If you have been injured in a travel accident, you may be entitled to the following compensation:
The amount of compensation you can claim for a travel accident depends on many circumstances. Some examples are:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation