Injured on a holiday, what do I do?

When we think of holidays, we often cast our minds back to quality moments spent with family and friends at destinations full of fun and relaxation. We don’t associate holidays with words such as injury, pain and medical treatment, but unfortunately accidents can happen and people can find themselves seeking legal advice in connection with injuries sustained whilst on holiday.

After a frustrating period of various travel bans and border closures, both domestically and overseas, people are now booking and taking holidays at a much higher rate than has been seen for many years.

Types of claims available

The types of compensation available to anyone who has injured themselves on holiday will vary depending on a range of factors including, the location of the accident, specifically:

• whether it occurred in New South Wales.

• whether it occurred in another state in Australia.

• whether it occurred overseas.

• whether it occurred on an aeroplane (either during a flight or whilst positioned at an airport).

• whether it occurred on a cruise ship.

For example, if you sustain an injury on an international flight a claim for compensation would generally fall under the Montreal Convention adopted by member states in 1999 and/or the Civil Aviation (Carriers’ Liability) Act, 1959 (Cth), depending on the circumstances surrounding the injury, including the nature of the accident and the origin and destination of your flight.

As an alternative example, if you sustain an injury whilst on a cruise ship your avenue for seeking compensation will vary depending on a range of factors, including: the nature of the contract you entered into when you booked the cruise with the cruise operator as to the applicable legal jurisdiction covering the cruise, where the ship was located when the injury occurred – whether it was docked at a port (in Australia or overseas) or alternatively floating in international waters.

What many people don’t realise when they book and pay for a cruise is that they are entering into a binding and enforceable contract with the cruise operator. Such a contract provides a customer with a range of consumer protections in the event of an unfortunate accident.

For example, in Australia many of these statutory protections are governed by the Australian Consumer Law found under Schedule 2 of the Corporations & Consumer Act 2010 (Cth) with respect to cruise accidents where the cruise liner is based in Australia and was carrying on business within this jurisdiction.

Areas of compensation

Although the areas for the recovery of damages can vary, depending on the nature of the claim and the jurisdiction in which the claim is brought, at the successful completion of a negligence claim for a person injured whilst on holidays, damages can generally be recovered for non-economic loss (pain and suffering), past and future wage loss, past and future medical expenses, past and future domestic assistance as well as a significant contribution towards the legal costs of any proceedings.

Time limits and seeking advice without delay

Brydens Lawyers are experts in the prosecution of all compensation claims arising from accidents whilst on holidays whether it be for holidays in New South Wales, interstate or overseas. For a risk free, no obligation assessment of any claim that may be available to you, contact Brydens Lawyers without delay as strict time limits apply. Call Brydens Lawyers today on 1800 848 848 or contact us at brydens.com.au.