Injured on a Holiday Claims

Injured on a holiday

Many Australians enjoy the perks of a lifestyle that allows for annual or bi-annual holidays. These can be holidays enjoyed within NSW, interstate or internationally. Unfortunately, people can experience unexpected illnesses, accidents and injuries on holiday while in surroundings they are unfamiliar with–whether located in a different town, state or country. It is for this reason that it is always highly recommended to obtain overseas travel insurance. There are even some circumstances in which you may be eligible to make compensation claims without having travel insurance.

Engaging with lawyers, such as the experienced team at Brydens Lawyers, is one of the best ways to ensure you receive the compensation to which you are entitled and that the holiday injury claim process is as smooth as possible.

Make A Claim

What You Need To Know

Are You Eligible To Claim Compensation?

If holiday accidents occur as a resultof the negligence of another person or party, then you may be entitled to prosecute a compensation claim for damages for the injuries sustained. Accidents do not just happen, whether they be a car accident or food poisoning, there is often a cause, and if the cause of the accident is the result of the negligence of another person, then a claim for damages may be available.

If an illness or injury occurred whilst you were away on vacation, you may be entitled to claim holiday accident compensation. To determine whether or not you are eligible for holiday injury claims and how much compensation you may be entitled to, contact Brydens Lawyers online or call 1800 848 848 without delay.

What Is Your Next Step?

Once those who have been injured have been provided with proper medical treatment, Brydens Lawyers should be consulted for the purpose of determining whether compensation claims are available in regards to the injury sustained.

What Holiday Accident Compensation Are You Able To Claim?

Whilst travel insurance is always highly recommended, there are circumstances where having insurance does not prevent the injured person from making a claim in order to recover additional compensation. Ordinarily, travel insurance will cover medical treatment expenses and loss of wages, if not wholly at least in portion.

A successful claim for compensation can recover out-of-pocket expenses and also compensation for your pain and suffering.

When Should You Consult A Lawyer About Making Personal Injury Compensation Claims?

As soon as possible following an accident, you should consult Brydens Lawyers for the purpose of seeking expert legal advice and representation as to whether a claim is available and what can be recovered by way of damages for the injuries that you have sustained.

Strict time limits apply to the making of such claims, and there should be no delay in you taking the first steps to recover the compensation to which you are entitled.

Why Are Brydens Lawyers The Right Representation For You?

Brydens Lawyers have been prosecuting personal injury claims on behalf of those injured on holidays for over 50 years. Operating on a ‘No Win – No Fee’ policy, Brydens Lawyers will ensure that you receive the compensation to which you are entitled–in the unlikely event that your claim is unsuccessful, however, then Brydens Lawyers will not raise a tax invoice for having acted on your behalf.

More information about how this works can be found on our No Win – No Fee page.

Frequently Asked Questions

How long do I have to make a compensation claim, and are there time limits?

If your accident occurred on or after 1 December 2017, there are a number of time limits that are strictly enforced in the pursuit of a claim for statutory benefits and damages under the Motor Accident Injuries Act (NSW) 2017. They are summarised below: - (a)  The accident must be reported to the police within 28 days of the incident. - (b)  An Application for Personal Injury Benefits must be lodged with the insurer for the vehicle at fault for the accident within 3 months of the occurrence of the accident. - (c)  A Common Law Damages (Lump Sum Compensation) claim form must be lodged within 3 years of the accident. - (d)  Court proceedings must be commenced within 3 years of the accident.

What am I entitled to claim in damages?

The New South Wales Government enacted the changes to the motor accident scheme which took effect as of 1 December 2017. The purpose was to significantly reduce the level of damages available to an injured motorist. Such claimants are now only able to claim the following: - (a)  Non-economic loss (pain and suffering damages if a claimant’s injuries result in a whole person impairment of greater than 10%. - (b)  Past and future wage loss. - (c)  Past and future superannuation benefits. In a damages claim, there is no longer any entitlement to recover the value of gratuitous domestic assistance and care provided by family members and friends. There is also no claim available for future medical treatment and expenses to be paid on a lump sum basis.

How long does the compensation process take?

There are a number of factors that can affect how long a damages claim may take. This would include: - The severity of the claimant’s injuries. - The time it takes for a claimant’s injuries to stabilise to enable a proper assessment. - Whether further treatment is required in the future by way of surgery. - The possibility of long-term complications. Generally speaking, a damages claim should be completed within 18 months to 2 years following an accident where injuries have sufficiently stabilised and the greater than 10% whole-person impairment threshold has been reached.

Do I need to personally obtain supporting evidence myself?

No. In relation to a damages claim your expert team at Brydens Lawyers will obtain all necessary liability, medical and other evidence to substantiate the claims which have been made on your behalf so as to ensure that you recover all of your entitlements. There will be times when you may be asked to assist by providing copies of your taxation returns or other documents in your possession. However, for the most part, any and all external documents required that may not be in your possession will be recovered by Brydens Lawyers on your behalf.

What costs do I have to pay?

Unfortunately, the legislation does not allow any legal costs to be recovered by a claimant requesting internal review of an insurer’s decision. You are not required to pay any upfront costs in connection with your statutory benefits and/or damages claims. Subject to the regulations, the insurer is required to pay a contribution of your legal costs at the successful completion of your motor accident claim.

Injured on a holiday

Overview