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Holiday Accident Claims In Australia – How Much Compensation Can I Claim For A Personal Injury?

There is nothing more upsetting than experiencing an injury whilst on holiday. Most people save up all year to be able to afford a nice trip away. Therefore, anything that spoils this occasion is certainly devastating. This is, of course, even more so the case if the injury occurs at the beginning of a trip.

Holiday accident claim Australia

Holiday accident claim Australia

Nonetheless, whilst we can’t turn back the clock and give you the holiday of your dreams, what we can do is make sure you are compensated for your injury. This not only includes compensation for your suffering, but also any other expenses you have encountered as a result. For example, you may have had to change your flight home and book further accommodation.

So, what types of holiday injuries are covered by accident abroad compensation? The truth is… a lot! From an awful bout of food poisoning, to sports injuries, to contracting a disease, to road traffic accidents – the list goes on and on. Essentially, all you need to able to prove is that the injury was not your fault and that you received medical attention as a result of it. Moreover, it is important to make sure the injury happened within the last three years.

The best thing to do if you feel you are entitled to compensation is get in touch with Legal Expert. You can reach us on 0800 073 8804. But before you dial, make sure you read on to discover everything you need to know about holiday accident claims in Australia.

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A guide to claiming compensation for an holiday injury or illness in Australia

Around 670,000 British people visit Australia each year. While most people have an amazing experience, there are those who come back injured or suffer a horrible illness while they are on holiday. If this has happened to you, there is a very high chance that you will be entitled to compensation, and this is something Legal Expert can help you to secure. In this guide, we will reveal everything you need to know about holiday accident claims in Australia. We will take a look at the steps you should take in order to secure accident abroad compensation. We will also take a look at the personal injury law Australia, as well as providing advice for specific injuries, for example, if you have been in a car accident in Australia. We will also give you important contact details, as well as giving you details regarding our No Win, No Fee service and the benefits it presents.

What should you do if injured on holiday in Australia

If you have been involved in an accident in Australia that was not your fault, your solicitor will be largely responsible for ensuring you get the amount of compensation you deserve. However, there are ways you can increase your chances of winning your case, as you will discover below.

See a doctor – This is the most important piece of personal injury advice that any solicitor will give you. It is vital to see a medical professional because they will put together a report, which will document your injuries, your diagnosis and the extent of your suffering, as well as the recommended course of treatment. This will serve as proof of your injuries, and it will be used to determine how much compensation you will be entitled to.

Take photographs – In some instances it can really help to strengthen your case if you take photographs, for instance, if you take photos of your injuries or any damaged to your car or the street if you have been involved in a road traffic accident.

Report the incident – There are incidents when you may need to report the incident. For example, if you have been involved in a road traffic accident, you may need to inform the police.

Keep proof of expenses – Last but not least, you should keep proof of any costs that you have incurred as a direct result of your injuries, including the likes of medical expenses, loss of income, loss of enjoyment, counselling expenses, travel costs and childcare costs. You will be able to claim for these as special damages, but you will need proof.

How to contact the Australian emergency services

If you have been involved in any type of accident while in Australia, it is likely that you may need to get in touch with the emergency services. Here are some of the important numbers you may require:

  • International incident emergency helpline: 1300 555 135
  • Police attendance: 131 444 (for all states except Victoria)
  • SES assistance in storms and floods: 132 500
  • Police/Ambulance/Fire: 000

How to get medical attention in Australia

You will need to have fully comprehensive medical insurance in order to access medical services in Australia. You are advised to use the National Travel Health Network and Centre to find specific health advice at least eight weeks before you travel.

Time limits for making a compensation claim in Australia

If you have suffered an injury in Australia that was not your fault, you will likely be eligible for compensation. However, did you know that approximately seventy per cent of individuals that are entitled to personal injury compensation never make a personal injury claim? There are several reasons why this is the case, yet one reason is because they leave it too late.

Many people are unaware that there are time limits when it comes to personal injury claims. Because of this, they don’t approach their case with urgency, and therefore, they often end up missing out on the money that they would have been entitled to.

So, what time limit do you face if you have suffered an injury in Australia? You have three years from the date of the incident to make a claim. There are several exceptions. After all, when it comes to industrial diseases and such like these tend to develop over time. Nonetheless, very rarely are there any exceptions when it concerns holiday cases.

It is important to note that when it comes to this deadline, you actually have to have court proceedings issues before your deadline date. Therefore, if you suffered a car crash on January 25th 2016 you must ensure court proceedings are issued before January 25th 2019 – meaning you need to start thinking about making a claim sooner rather than later.

Package holiday accident and injury claims in Australia

If you have booked a package holiday to Australia, you will be covered by the Package Travel, Package Holidays and Package Tours Regulations 1992. This legislation means you are protected if injured while on a package holiday. But, how do you know if your holiday counts as a package deal or not?

It must meet the following requirements:

  • There must be at least one night of overnight accommodation
  • The package must compromise of two of the following: accommodation, travel, or other tourist services, like tours
  • The package must be sold at one price for everything
  • The package must be offered for sale or sold in the UK

What types of Australian holiday compensation claims can we help with?

We can help with any type of claim. The following is a mere handful of examples:

  • Food poisoning
  • Travel accidents
  • Car crashes
  • Injuries from criminal activities
  • Untraced driver claims
  • Uninsured driver claims
  • Passenger accidents
  • Slips, trips, and falls
  • Beauty treatments gone wrong
  • Sporting injuries
  • Bicycle accidents
  • … And much, much more!

This should give you a great insight into the sheer scope of different types of claims for injury in Australia. Nonetheless, no matter how unique your case may seem, you simply need to prove the following to be true if you wish to make a claim…

  • The accident happened because of someone else’s error or negligence
  • You received professional medical attention as a result of your injury
  • The accident in question happened within the last three years

If you can prove those three statements to be true it is likely that you will have a very good chance of getting compensation.

Australian hotel injury and accident claims

From illnesses caused due to poor hotel sanitation to slips, trips, and falls, there are so many different incidents that can occur while in a hotel. We have experience in all of these personal injury compensation claims and we can help you to get the compensation you deserve.

Claims for food poisoning in Australia

You can also make a claim if you have suffered food poisoning while you have been on holiday in Australia. This occurs due to eating toxic, spoiled, or contaminated food. The most common symptoms of food poisoning include diarrhea, vomiting, and nausea.

In fact, let’s take a look at the symptoms in full…

  • Headaches
  • Nausea
  • Weakness
  • Mild Fever
  • Loss of Appetite
  • Vomiting
  • Diarrhea
  • Abdominal Cramps

The symptoms will differ depending on the infection’s source. Moreover, symptoms can last for anything from one hour to 28 days, although in most cases, food poisoning only lasts three days. Either way, it isn’t pleasant and can have a real effect on your enjoyment of your holiday/trip.

Symptoms of food poisoning that could be life-threatening are as follows…

  • Bloody urine
  • Symptoms of severe dehydration
  • Difficulty speaking or seeing
  • A fever higher than 101.5F diarrhea persisting for more than three days

If you have noticed any of these symptoms, you need to see a doctor immediately.

Injuries from falls whilst on holiday in Australia

Slips, trips and falls can happen in many different ways! Have you tripped over something dangerous in the hotel lobby? Perhaps you went out for a morning jog and fell because of a broken pavement? The scenarios are endless. Again, you need to be able to prove that your injury happened because of someone else’s error or negligence.

Claims for sports and adventure activities in Australia

People flock to Australia, not just for the sunshine but to enjoy the wealth of different sports and adventure activities the country has to offer. From surfing the waves at Bondi, to enjoying a game of cricket, rugby or any other sports or watersports, some people feel that a trip to the country isn’t complete without experiencing adventures and sporting activities. A lot of people suffer sporting injuries while they are on holiday though. While some of these accidents are freak incidents, a lot of them could have been avoided. If you feel you have not been given the correct instructions or equipment, for example, it is highly likely you will have the basis for a claim.

Road traffic accidents in Australia

No matter how minor or major your injuries are from the road traffic accident in Australia you have been involved in, if the incident in question was not your fault you will be entitled to compensation. We will take a look at the different types of road traffic claims in Australia to give you a better understanding.

What are the different types of road traffic accidents that people can make claims in Australia for?

  • Car Crashes – This is the most obvious one. Car crashes vary in severity and the injuries sustained can differ substantially as well.
  • Untraced Driver’s Claims – This is when the driver who has caused the incident flees from the scene. You will still be able to claim.
  • Travel Accidents – This relates to any accidents that have occurred whilst you are on vacation or travelling with a company, as it is their responsibility to ensure you are safe.
  • Passenger Injury Compensation – This type of compensation is for the individuals that have been passengers in a vehicle when the driver caused an accident.
  • Bicycle Accidents – Unfortunately, cyclists are one of the most vulnerable people on the roads. From falling because of a broken pavement to being knocked off your bike by another vehicle, the incidents vary.
  • Uninsured Driver’s Claims – If someone causes an accident and they are uninsured, not only should you go ahead with making a compensation claim, but it is advisable to ring the police as well.
  • Motorbike Accident Claims – Were you riding your motorbike when someone caused you to come off and injury yourself? If so, you can claim!

Making claims with solicitors based in the UK

A lot of people assume that they are going to need to use a personal injury solicitor that is based in Australia if they are to make a successful claim for an accident that has happened there. This is not the case. You can use a solicitor based in the UK, which is why Legal Expert are able to assist you. This is great news because it means you can choose a legal team based on experience and reputation rather than where they are based.

No Win, No Fee claims for injuries in Australia

An accident can occur in many different ways. Nonetheless, irrespective of what has happened, if the incident was not your fault, you should definitely explore the possibility of getting compensation. Making a claim is a lot easier than many people imagine. All you need to do is make sure you have a good personal injury lawyer on your side fighting your corner for you. A No Win, No Fee solicitor is definitely the best option. Read on to discover more about this solution…

What is a No Win, No Fee solicitor? This is a solicitor that agrees to work to a different payment structure as opposed to a traditional solicitor. Originally solicitors would tend to charge per hour. However, you pay a No Win, No Fee solicitor based on the outcome of your case. Therefore, if your case is a successful one you will pay the solicitor in question the full amount that has been agreed upon before the service began. Usually this will be a percentage of your compensation rather than a set figure.

So, why is this type of service a good option to go for? There are actually various different reasons. First and foremost, you will not need any cash in order to begin the process of making a holiday accident claim for the accident in Australia you have been a victim of. Financial risk is also minimised dramatically, as you ensure you do not find yourself in the situation whereby you pay a significant amount of money only for your case to be unsuccessful.

This type of payment structure also ensures a much better service. You can be certain that a No Win, No Fee solicitor will only take on your claim if they think you have a strong chance of getting compensation. Moreover, since the solicitor is impacted by the outcome of your case you know that it is going to receive the level of attention and dedication it deserves. Here at Legal Expert, we only handle holiday accident claims on a No Win, No Fee, so you can be certain of all of these benefits.

Top 16 biggest resorts or cities in Australia

There are lots of popular places with holidaymakers in Australia. Below, you can see the biggest 16 cities in Australia based on population.

  1. Sydney
  2. Melbourne
  3. Brisbane
  4. Perth
  5. Adelaide
  6. Gold Coast – Tweed Heads
  7. Newcastle – Maitland
  8. Canberra – Queanbeyan
  9. Sunshine Coast
  10. Wollongong
  11. Geelong
  12. Hobart
  13. Townsville
  14. Cairns
  15. Darwin
  16. Toowoomba

Whether your incident occurred in these cities or somewhere else, we can assist if you’re looking to make a holiday accident in Australia claim.

Start your claim

If you have been the victim of an accident in Australia, one of the most important things you need to do is choose a great law firm. Read on to discover the reasons why we are the best choice for you…

  1. Experienced – There is only one place to begin and this is with our extensive level of experience in the industry. We have been successfully helping thousands and thousands of personal injury victims for many years now. You can be sure that we will have handled cases similar to your accident time and time before.
  2. Helpline – Our helpline is available every day of the week. If you have any questions or would like to proceed with making a claim for the accident you have suffered all you need to do is give us a call. The number you need is 0800 073 8804.
  3. No Win, No Fee Service – One of the standout features of our service is the fact that all of our solicitors that we match you with work on a No Win, No Fee This presents you with many great benefits. You do not need any money to begin your claim and you can be sure that we will only take on your case if we genuinely think you have a strong chance of getting compensation. This payment structure also guarantees that financial risk is minimised by a considerable degree.
  4. Trustworthy – Legal Expert is a name you can trust. With our level of experience and our reputation in the industry, you have nothing to worry about. Simply head to our website to read the reviews that have been left by our previous customers. We are sure this will put your mind at ease.

Useful links

We hope that you have found this guide useful while looking for more information on holiday accident claims in Australia. If you need further advice or assistance, the contact information below may be of use.

British Embassy Canberra

Commonwealth Avenue, Yarralumla
Canberra ACT 2600
Australia

Tel: +61 (0) 2 6270 6666

Web: www.gov.uk/world/organisations/british-high-commission-canberra

Opening hours: Monday to Friday, 8.45am to 12.30pm/1.30pm to 5.00pm

Other British consular services in Australia

Consular services in Brisbane – If you need to access consular services in Brisbane, follow this link

Consular services in MelbourneIf you need to access consular services in Melbourne, follow this link

Consular services in Sydney – If you need to access consular services in Sydney, follow this link

Health

Health advice for Australia – Government’s advice on healthcare in Australia

Are you fit to travel to Australia Advice on health and travel

Reciprocal Healthcare – The reciprocal healthcare arrangements between the UK and Australia

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.