Do i have a claim?
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How much can i claim?
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We can help you claim for injuries suffered on flights, cruises or overseas. If you’ve been injured whilst on vacation our lawyers who specialise in holiday accident claims will help you get the compensation you deserve.
If you have been injured on holiday in Australia or abroad at no fault of your own you may be able to claim compensation for any injuries or losses incurred. We have a team of dedicated public injury lawyers who specialise in holiday accidents who can help you get the compensation you deserve.
Holidaymakers can suffer from injuries of all types, including contracting viruses or diseases. Some of the more common accidents include, but are not limited to:
- Boat collisions
- Slips, trips, or falls in public places such as hotels or plazas
- Illness caused by improperly prepared food (e.coli, salmonella poisoning)
- Road accidents
- Extreme sports accidents (bungee jumping, jet boating, etc.)
- Package tour operator negligence
- Outdoor activity accidents (bush walking, snorkeling, etc.)
- Travel insurance claim rejection
- Airline accidents
If you’ve had a holiday cut short or impaired by an accident that caused an injury, you may be entitled to compensation.
The team at Millner and Knight have experience in making claims against negligent tour operators, hotels, airlines, etc. in foreign countries.
Though some countries require you to make claims through their own legal systems, our specialist lawyers are here to assist you.
Reporting a holiday accident to local authorities
If you have incurred injuries or illness due to an accident overseas, you should follow this procedure to ensure you have the best chance of making a claim after the fact:
- Seek medical attention
- Contact your travel insurance company
- Gather evidence, such as photos
- Take the names and addresses or contact details of any witnesses
- Document the accident or cause of your injury or illness in as much detail as you can
- Report the accident as appropriate (e.g. to the tour operator, airline, hotel, etc)
- If applicable, report the incident to local police and ensure a record is made
You should also take precautions to document any admittance of liability on the part of the negligent provider. Whether in Australia or abroad, tour operators, airlines, etc. have a duty of care they must uphold. Breaching that duty of care is considered negligence in most countries around the world.
You should also refrain from engaging in correspondence with the negligent party unless instructed by a legal professional.
Returning home with an injury after a holiday accident can affect your daily life. It can also hinder you from working and may even require additional treatment, compounding out of pocket costs.
If you have returned home from holiday and been injured, call us on 1800 106 107 for a no obligation quote and to determine whether you have a claim.
Types of injuries sustained oversea
If you have been injured overseas, you may be wondering if your injury is considered serious enough to make a claim. Australian Accident Helpline lawyers have helped holidaymakers claim compensation for:
- Broken bones and fractures
- Waterborne illnesses
- Food poisoning and gastrointestinal illness
- Whiplash from road accidents
- Burns from spills and other food-related incidents
- Distress from using improper equipment (i.e., unmaintained scuba gear)
- Disputes with travel insurance companies
If your specific complaint is not on the list, talk to one of our legal specialists. They will determine if you have grounds for a claim, and whether it qualifies for a ‘no win, no fuss’ agreement.
Call us on 1800 106 107 for a no-obligation discussion and assessment.
What is ‘no win, no fuss?’
‘No win, no fuss’ or a Conditional Fee Agreement is a legal claims process that waives any fees or charges payable by the injured party if the claim is unsuccessful.
This documents the scope of work of the legal proceeding and the proportion of entitlements you will receive if the claim is successful.
If you elect to engage Millner and Knight for your holiday accident or illness claim, there is nothing to pay up-front. We will inform you of your eligibility to claim under a ‘no win, no fuss’ agreement in your initial consultation.
How much compensation can I get?
There is no one size fits all solution we can use when it comes to calculating your compensation.
The amount of compensation owed to plaintiffs depends on the severity of their injuries and the State in which they suffered them.
Some of the main things a solicitor will consider when negotiating your compensation will include.
- Any time off work and lost earnings
- Any future lost earnings
- Any changes in your ability to work
- Care or support, even if given to you for free by family or friends
- Any adaptations you might need to your home or motor vehicle
- Travel and accommodation expenses
At this stage it is impossible to give you an accurate estimation of what you could receive however, you can make your own assessment online, without having to speak to a lawyer using our compensation calculator.
What to do next
Call us on 1800 106 107 for a no-obligation discussion and determination about your eligibility for a ‘no win, no fuss’ claim.