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Holiday Compensation Solicitors

Overview

Injured on holiday?

While you’re on holiday, you may feel as if nothing can go wrong. Unfortunately, this isn’t always the case. Injury, accidents or illness could not only ruin your trip but have a life-altering impact, causing you to miss work and costing you heavily in medical bills. If this happened to you or a loved one, you may be eligible for compensation.

Holiday travel is thought of as its own area of injury law because of the intricacies that dictate responsibility for accidents that occur abroad or an airplane. Luckily, the team at Gerard Malouf & Partners have specialists on hand who can help you get the compensation you deserve, no matter where your accident occurred. Our lawyers work on a “no win, no fee” basis, so you can travel confidently, and know that we have your back

What can you claim holiday compensation for?

You can attempt to claim compensation for any injury or illness that occurred while on holiday that may have been the result of negligence. Some common examples include injury boarding or traveling on an airplane, slip and fall in a public place or food poisoning.

Like most injury liability cases, your holiday injury compensation will most likely come from an insurer, rather than the responsible party, and must be negotiated with them. Under the most recent iteration of the Civil Aviation (Carriers’ Liability) Regulations, from 2019, airlines must be insured for personal injury with only a few exceptions, including for employees (who should be covered through a separate workers compensation scheme) and extreme cases like a potential hijacking or nuclear threat. Similarly, many public-facing businesses in Australia, such as those that cater to tourists, choose to have insurance that covers common injuries like slip and fall, although this is not required by law in most cases.

In order to maximise your chances of a payout from an insurer, it is essential that you document as much information about the circumstances of your injury as possible. That includes photographs of the site, and possibly the names and information of anyone who was present. In the case of food poisoning, a copy of your meal receipt could be useful. If you feel that you are being unfairly denied or low-balled by an insurer, assistance from a tested team of legal professionals can help.
Process

How much compensation can I get for a holiday injury claim?

In general, the amount of compensation you’ll be afforded by an insurer will depend on your ability to prove negligence as well as the severity of the injury. Other common factors include:

  • Cost of treating the immediate physical or psychological injury
  • Ongoing medical costs, such as domestic care to recuperate from long-term injuries
  • Non-economic (pain and loss) damages for psychological or emotional distress
  • Loss of earnings or superannuation if the incident leaves you unable to work

If you are injured while on holiday overseas, the process governing potential compensation may be different than in Australia.

In many cases, it may be smart to take out an overseas travel insurance policy before going on holiday abroad. This is often included if you are travelling with a touring group.

If you are injured abroad as a result of negligence and don’t have overseas travel insurance, compensation may still be possible and you should consult with a lawyer as soon as you return to Australia.

Maximise Your Compensation

A record of success

Our team of barristers and solicitors are experts in injury law of all forms. We have a track record of taking on the largest insurance companies in Australia —and winning.

In one recent holiday compensation case, we helped a disabled man whose arm was broken during a flight receive the compensation he deserved. Our client was trying to transfer himself to his wheelchair at the end of the flight without being given a proper hoist when the injury occurred. We argued that the man had not been provided with a reasonable way to get off of the plane without a hoist. We contacted the airline’s insurer on our client’s behalf but were told that he could not make a claim.

Despite the pushback from the insurer, we fully funded the man’s claim, obtained reports from experts and began preparing for a trial. Seeing that we weren’t about to back down, the insurance company agreed to a settlement that increased our client’s quality of life.

No matter your disability status previous to an injury, you have a right to fair treatment and potential compensation. No matter the particulars of your case, we have the resources and specialised attention to fight for you.

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Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

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Our guide to maximising legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

“Thank you so much for my claim, it has helped me, my Husband and Daughter through a very rough time and your services run smoothly and very professional. I was very impressed.”


Our Client
Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our personal injury claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Our TeaM

Meet the Travel Accidents Claim team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Travel Accident Compensation claims.

Vrege Kolokossian
Senior Partner
Nassir Bechara
Senior Associate
Jayne O’ Sullivan
Senior Associate

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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