Have you been injured whilst travelling? Our specialised and experienced team of personal injury lawyers will fight for the compensation you deserve.
Travel Accident Injury Compensation

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.

What Are Travel Accident Injury Compensation Claims?

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.

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.

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There were many times I wanted to give up and was very close to ending it all for a less than ideal amount, but your support and compassion restored my faith in the system. I can’t describe or show how thankful I am for all the work you and the team put in, the weekend emails and late night calls to keep me in the know.

When it was time to settle, your fearlessness in negotiating an amount showed as we were able to settle for more than we could ever of dreamt of. You have set us up for life, and made it a lot easier to re-establish my life with my injury.

It is bittersweet as I feel like I’m saying goodbye to a dear friend and support network even though you have said you’re still here if I’m in need.

For loss of a better word, Thank you so much for everything!

FREQUENTLY ASKED QUESTIONS

TRAVEL INJURY COMPENSATION

  • 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.

Yes.

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.

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.
If you make a claim for your injury-related expenses through your travel insurance, the travel insurance company may seek a refund of the payments it has made in relation to your injuries, should you receive compensation through a personal injury claim.

Yes.

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.

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, 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.

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.

MEET THE TEAM

Tom Goudkamp OAM

Managing Director
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.

Karina Goodall

Practice Group Leader
Karina joined Stacks Goudkamp in 2014. She manages one of the firm’s four practice groups under Managing Director, Tom Goudkamp.

WHAT CAN I CLAIM COMPENSATION FOR?

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:

  • Pain and suffering
  • Permanent impairment
  • Loss of past and future income or earnings
  • Medical and hospital expenses
  • Travel expenses
  • Past and future care
  • Rehabilitation expenses
  • Loss of enjoyment and quality of life
  • Distress, disappointment and loss of enjoyment of your holiday
  • Diminution in the value of your holiday
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The amount of compensation you can claim for a travel accident depends on many circumstances. Some examples are:

  • Your age
  • The injuries you have sustained and how severe they are
  • How the injuries or illness have impacted your life
  • Your work situation
  • Whether you are no longer able to do certain tasks as a result of your injuries
  • Whether you require care and assistance
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Such as:

The Stacks Goudkamp way

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.

Reach Out

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.

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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.

Free Initial Consultation

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.

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Here, we will explain the next steps and what it takes to achieve the best possible outcome.

No Win, No Fee

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.

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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 US

Contact your local team for a free consultation to find out if you are eligible for compensation

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I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.

- Andrew and Family