Over 1.3 million Australians took a boat cruise in 2016 whilst more than 2.5 million Australians will fly overseas in 2017 to holiday destinations in United States of America, Europe, Italy, France, Fiji, New Zealand Dubai, the Middle East, South America, Mexico ,Brazil and Argentina.
Travel insurance can be taken out but this covers the minimum amount for medical treatment generally and does not provide comprehensive legal damages such as pain and suffering, past present and future wage or income loss, cost of home modifications and home care or the very high costs associated with future travel because of disability arising from injuries sustained in an accident overseas.
Gerard Malouf and partners as expert personal injury compensation lawyers have undertaken significant international holiday accident claims occurring internationally in Europe, the United States of America, France Italy and in Spain. Often the claim can be brought under Australian law against the Australian travel group that organized the travel arrangements in Australia at minimum cost to you. Under these circumstances the law applicable is generally the state within Australia where the travel contract was arranged. In other words even if you embarked upon a boat cruise in Europe for instance, if the contract was entered in say New South Wales, Australia ,there is an opportunity generally to sue under the law applicable for New South Wales for your full losses covered by general negligence law applicable which is a comprehensive claim for damages for all personal injury loss ranging from loss of income, pain and suffering, medical expenses, home care requirements, loss of superannuation and the like.
However it’s important to note that as with all public liability type cases we must establish as your legal representatives negligence on the part of the group that arranged the travel on the boat cruise, airline, motor-vehicle transport or accommodation arranged.
Additionally, there may be an alternative legal remedy for your injuries arising from an accident being a direct travel accident compensation claim brought under the international countries’ laws for negligence and/or statutory damages as the case may be. The applicable law will need to be considered together with the costs of engaging local legal representatives as an alternative to an action against the travel agent or travel group that organized the unsafe travel.
Whilst this requires a complex analysis an understanding of international laws applicable, Gerard Malouf and partners are very experienced at providing you with quick, no win no fee advice so that you can be fully appraised of the legal opportunities available and assist you in making the correct legal decision to obtain maximum personal injury compensation for your travel accident claims at minimum cost.
Phone us on 1800 004 878 today for a free case appraisal.