Injured while on Holiday- can I make a claim without travel insurance?

Holidays are an important part of the lifestyle of many Australians. These can be holidays within the State of NSW, interstate or international. Unfortunately, on holidays, just as being at home, Australians can experience an unexpected injury or illness in surroundings that they may not be familiar with. A personal injury lawyer, such as the experts at Brydens Lawyers, is able to assist to advise and represent you in relation to any claim that you may have for the injury suffered. Whilst travel insurance is highly recommended there are circumstances in which there may be an entitlement to claim compensation in addition to any benefits that may be available to you under your travel insurance.

Are you eligible to make a claim?

If the accident arises as a result of the negligence of another person or party then there may be an entitlement to prosecute a claim for damages for the injury sustained. After all, accidents do not just happen, they are caused. If the cause of the accident is the negligence of another then there may be a claim for damages.

All jurisdictions within Australia operate a similar compensation scheme to that which exists in NSW. Therefore, depending on the circumstances of the accident and the injury itself, you may be able to sue in the jurisdiction where the accident occurred or alternatively, in NSW. In order to sue in NSW there must be a connection to this jurisdiction which can include, for example, the treatment of the injury here.

What are you able to claim?

To some extent this may depend on the jurisdiction where the accident occurred and/or the proceedings are being prosecuted. There might be some differences between the jurisdictions as to the level of compensation and the type of compensation that is available.

Ordinarily in such a claim you would be entitled to recover damages for non-economic loss (pain and suffering), loss of wages and medical treatment expenses. Usually travel insurance will cover, at least in part, some of the medical treatment expenses and perhaps loss of wages incurred.

When should you consult a lawyer about making a claim?

You should consult one of the expert lawyers at Brydens Lawyers about any claim that may be available to you as soon as possible. Strict time limits may apply in relation to the making of a claim. Again, the time limits may vary from jurisdiction to jurisdiction. Do not delay in taking the first step in recovering compensation to which you are entitled.