Personal Injury
Accidents Involving Foreign Visitors in Australia

Yes, as a foreign visitor in Australia, you can typically make a personal injury claim if you were injured in an accident that was not your fault. Overseas visitors that are injured in Australia are entitled to receive compensation under Australian law despite the fact that they may have already returned to their own country.

Important points for foreign visitors:

•   Your visa status or nationality does not affect your right to claim compensation for injuries in Australia
•   Australian law applies to accidents that occur in Australia, regardless of where you are from
•   You have the same rights as Australian residents to claim compensation for injuries caused by negligence
•   The accident must not have been your fault, or at least primarily caused by someone else’s negligence
•   You should contact an experienced personal injury lawyer for advice as soon as possible

 At Stacks Goudkamp, we have obtained compensation for clients who have sustained injuries whilst visiting Australia from over 25 countries from around the world. We are experienced in representing overseas visitors and understand the unique challenges foreign nationals face when injured in Australia.

Common holiday injury claims for foreign visitors in Australia include:

Motor vehicle accidents:

•   Car accidents as drivers or passengers
•   Caravan and campervan accidents
•   Bus accidents including tourist coaches
•   Motorbike and scooter accidents
•   Bicycle accidents
•   Accidents as pedestrians struck by vehicles
•   Rental vehicle accidents

Public liability claims:

•   Slip and falls in shopping centres and supermarkets
•   Accidents in hotels, resorts, hostels, and accommodation
•   Injuries in pubs, clubs, and restaurants
•   Water sports accidents including surfing, diving, and jet skiing
•   Boating accidents
•   Accidents at tourist attractions and theme parks
•   Swimming pool accidents
•   Beach and coastal accidents
•   Adventure tourism accidents including skydiving, bungee jumping, and zip lining
•   Accidents during organised tours and excursions

Regardless of the type of accident, our expert travel injury lawyers can assess your eligibility for compensation and guide you through the claims process under Australian law.

The time to make an accident compensation claim in Australia varies depending on the nature of the accident and the state or territory where it occurred.

General time limits include:

•   In New South Wales: typically 3 years from the date of the accident for most personal injury claims
•   Motor vehicle accidents in NSW: strict time limits apply, with some requirements to notify insurers within specific timeframes
•   Public liability claims in NSW: generally 3 years from the date of injury
•   Different states and territories in Australia have different limitation periods
•   Some circumstances may allow for extensions of time, such as when you didn’t discover the full extent of your injuries immediately
•   For accidents involving minors (under 18), different time limits may apply

If you have been injured in an accident whilst travelling in Australia, you should contact a personal injury lawyer as soon as possible. Time limits are strict and missing deadlines can result in losing your right to claim compensation permanently.

At Stacks Goudkamp, we can determine the applicable time limits for your specific accident and ensure all necessary steps are taken to protect your rights, even if you’ve already returned to your home country.

Yes, you can pursue a personal injury claim even if you’ve left Australia after being injured. In fact, our expert travel lawyers are experienced in representing overseas visitors involved in accidents in Australia who returned to their home countries before their claims were finalised.

Important considerations:

•   Many injured overseas compensation claims can be handled remotely from your home country
•   You do not need to remain in Australia or return to Australia to pursue your claim in most cases
•   We regularly communicate with clients overseas via phone, email, video calls, and correspondence
•   Modern technology allows us to manage claims efficiently without requiring your physical presence
•   We have personally visited clients in their home countries and met with their families, doctors, and carers to obtain the information and statements required
•   In some cases, we have successfully applied to Australian courts for trials to be conducted in our clients’ home countries to minimise inconvenience and save costs
•   Medical evidence from your home country doctors can be used to support your claim

However, it’s essential to consult with a travel injury lawyer in Australia to guide you through the process from abroad. The sooner you contact us, the better we can preserve evidence and protect your legal rights.

Taking the right steps immediately after an accident in Australia can significantly strengthen your compensation claim:

•   Seek immediate medical attention, even if injuries seem minor, and keep all medical records, receipts, and hospital discharge papers
•   Report the accident to police (if required), property owners, or relevant authorities and obtain incident report copies
•   Take photographs of the accident scene, the hazard that caused your injury, damaged vehicles or property, and your injuries
•   Collect names and contact details from witnesses who saw the accident
•   Obtain driver details and insurance information if involved in a motor vehicle accident
•   Keep all receipts for expenses related to your injury (medical bills, accommodation, taxi fares, replacement travel costs)
•   Document your travel plans and how the accident disrupted your holiday
•   Contact your travel insurance company immediately to report the incident
•   Preserve evidence such as damaged clothing, personal items, or travel documents
•   Do not sign any documents or accept settlement offers without legal advice
•   Contact Stacks Goudkamp for expert legal advice before leaving Australia if possible

If you need to return home before your claim is finalised, we can advise you on what additional documentation to gather and how to pursue your claim from overseas.

No – if you’re injured in Australia, it doesn’t matter where you are from or what nationality you hold. We can help with all various types of holiday injury claims for foreign visitors.

Key points:

•   Australian compensation laws apply equally to foreign visitors and Australian residents
•   Your visa status (tourist visa, student visa, working holiday visa, etc.) does not affect your right to claim
•   Your nationality or country of origin is not relevant to your legal rights
•   We have obtained compensation for clients from over 25 countries around the world
•   We have experience working with clients from diverse cultural backgrounds and legal systems
•   Language barriers are not a problem – our team speaks multiple foreign languages and we arrange professional interpreters and translators when required

 At Stacks Goudkamp, we ensure that you are fully informed and advised in a language that you understand. We have personally visited clients in their home countries and are experienced in handling the unique challenges faced by foreign nationals injured in Australia.

As a foreign visitor injured in Australia, you are entitled to the same compensation as Australian residents under Australian law. The compensation available depends on the type and severity of your injuries and the circumstances of your accident.

Compensation may include:

•   Medical and hospital expenses incurred in Australia
•   Ongoing medical treatment costs in your home country
•   Repatriation costs including medical evacuation or specialised transport home
•   Lost income from time off work due to your injuries
•   Future loss of earning capacity if injuries cause permanent disability
•   Pain and suffering compensation for physical and emotional trauma
•   Loss of enjoyment of your holiday or trip
•   Additional travel expenses incurred due to the accident
•   Costs of extending your stay in Australia for medical treatment
•   Care and assistance needs during recovery
•   Rehabilitation and therapy costs
•   Travel expenses for family members who needed to come to Australia to assist you

 The compensation framework is governed by Australian law, specifically NSW law if your accident occurred in New South Wales. At Stacks Goudkamp, we work with medical experts in Australia and coordinate with your treating doctors overseas to ensure all aspects of your injuries and losses are properly quantified.

Language barriers are not a problem when pursuing a personal injury claim in Australia as a foreign visitor. At Stacks Goudkamp, we ensure you fully understand the legal process and can communicate effectively throughout your claim.

Our language support includes:

•   Our expert team of travel injury lawyers speak a number of foreign languages
•   We arrange professional interpreters and translators when required to ensure you are fully informed and advised in a language you understand
•   All important legal documents can be translated into your language
•   We can communicate with your family members, doctors, and carers in your home country
•   We coordinate with overseas lawyers who speak your language if necessary
•   Medical evidence and statements can be translated for use in Australian proceedings
•   Court interpreters can be arranged if your matter proceeds to trial

 Our priority is ensuring you understand your legal rights, the claims process, and all advice provided to you. Effective communication is essential to successfully pursuing your compensation claim, and we have the experience and resources to overcome any language challenges.

At Stacks Goudkamp, we handle personal injury claims for foreign visitors on a No Win, No Fee basis, meaning you pay no legal fees unless your claim is successful. 

Our fee structure includes:

•   No upfront legal fees – you don’t pay anything to start your claim
•   We advance all necessary expenses including expert reports, medical assessments, interpreter costs, and investigation expenses
•   You only pay legal fees if we successfully recover compensation for you
•   Our fees are recovered from the compensation we secure on your behalf
•   Free initial consultation to assess your claim
•   Transparent fee agreements explained clearly in a language you understand

 This arrangement is particularly important for foreign visitors who may face significant financial pressures after being injured while traveling. You can access expert legal representation without upfront costs or financial risk, regardless of where you are currently located.

 We understand that returning home after suffering an injury in Australia can be difficult, especially if your injury is serious and prevents you from working or requires ongoing medical treatment. Our No Win, No Fee arrangement ensures financial concerns don’t prevent you from pursuing the compensation you deserve.

Yes, we are experienced in working in conjunction with local lawyers in foreign countries and are happy to take instructions from foreign injury lawyers on an agency basis.

Our international collaboration includes:

•   Coordinating with your local lawyer in your home country to pursue your Australian claim
•   Acting as Australian counsel for overseas law firms who have clients injured in Australia
•   Providing expert opinions on Australian personal injury law to foreign lawyers
•   Managing all aspects of the claim in Australia while keeping your home country lawyer informed
•   Collaborating on evidence gathering in both Australia and your home country
•   Coordinating medical assessments and expert reports across jurisdictions
•   Ensuring smooth communication between all parties involved in your claim

Whether you prefer to work directly with us or have your local lawyer coordinate with us, we can accommodate your preferences. We have extensive experience in international legal collaboration and understand the importance of working effectively across jurisdictions.

With our extensive experience and deep expertise in personal injury law in Australia, our expert personal injury lawyers can guide you through the process of making an accident compensation claim in Australia and make it as stress-free as possible, whether you’re working with us directly or through your home country lawyer.