Personal Injury
Travel Accident Injury Lawyers

• Slips and falls on cruise ships, aeroplanes or at airports
• Accidents whilst on shore excursions or tours during a cruise
• Car accidents
• Bus accidents
• Boating accidents
• Accidents caused by construction defects at hotels
• Falling objects from overhead lockers on planes
• Injuries caused by activities such as skydiving, skiing, bungee jumping and jet skiing
• Aircraft accidents
• Scenic plane accidents

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.

Your lawyer should keep you updated as important steps occur, including when evidence is requested, when overseas advice is obtained, when negotiations occur, when court steps are required and when the likely timeframe changes.

Yes. Strict time limits apply to travel injury compensation claims, and the relevant deadline may depend on where the accident happened, how it happened and which country’s law or contract terms apply.

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.

A travel accident claim may be made against one or more parties, depending on where the accident happened, who was involved, what caused the injury and whether a travel contract applies.

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.

The answer is simple – yes! If you are a foreign national injured while visiting Australia, our travel law experts at Stacks Goudkamp can explain Australian personal injury law and help you get the compensation you deserve. We have a proven track record of acting for foreign visitors injured in accidents in New South Wales and throughout Australia.
If you have been repatriated back home, it is not too late to make a claim. We regularly have Skype/Zoom appointments with overseas clients, and also travel to see clients overseas.

Yes. Travel insurance may be relevant because your insurer may seek reimbursement for injury-related expenses it has paid if you later receive compensation through a personal injury claim.

Yes. Where you are injured can affect whether a claim is available, which law applies, who can be sued, what time limits apply and whether suitable legal representation can be arranged.

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.

You may be able to claim against an airline if your injury occurred during air travel and the circumstances meet the legal requirements that apply to airline injury claims.

People injured during air travel may have the right to receive compensation from the relevant airline. Whether an airline will be required to pay compensation will depend on a number of factors. Where precisely the accident occurred is relevant – parts of the airport are included. How the accident happened is also crucial. It has to be an unusual or unexpected event arising from the aircraft itself for example, or from a defect in the injured person’s surroundings such as a trip hazard.

In some travel accident claims, the disruption and loss of enjoyment of your holiday may be taken into account, in addition to compensation for diagnosed injuries and financial losses.

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.

We have a reliable pool of overseas experts with whom we work closely. If you believe you require an overseas lawyer, you should contact us immediately as we may be able to advise you of recommended individuals and work in conjunction with them to get you the best outcome from your compensation claim.

You may still have a travel accident claim even if you are not sure who was legally at fault. Travel accident claims often require investigation into where the accident happened, who controlled the location or service, whether a travel provider, airline, cruise operator, hotel, tour company or insurer may be responsible, and which law applies.

You do not need every document before contacting a travel accident lawyer. Helpful information may include travel booking documents, flight or cruise details, accommodation records, travel insurance documents, incident reports, photographs, witness details, medical records, hospital invoices, police reports, correspondence with travel providers or insurers, and notes about how the injury affected your trip and recovery.

Possibly. Travel accident claims can involve overseas accidents, cruise ship injuries, airline incidents, tour operator negligence, hotel accidents, transport accidents and injuries involving travel providers. The key questions are which law applies, who may be responsible, what contract terms apply and whether there is evidence to support the claim.

Look for a travel accident lawyer with experience in overseas injury claims, cruise ship accidents, airline claims, foreign insurance issues, jurisdiction questions and travel-provider disputes. You should also ask how legal costs work, whether the firm offers No Win No Fee support, who will manage your claim and how often you will receive updates.