Written by Carter Capner Law

Updated on July 9, 2025

If you were injured during a resort holiday overseas, you might be unsure how the legal process works — especially when the hotel is in another country. The good news? If your trip was booked through an Australian travel agency, you may be able to pursue compensation right here in Australia. This article outlines everything you need to know about the legal steps, timelines, and what to expect.


When Can You Start the Legal Process?

The legal process can begin as soon as there’s enough information to suggest that:

  • The injury was caused by resort negligence (e.g. unsafe stairs, slippery tiles, faulty facilities)
  • Your booking was made through an Australian travel provider
  • You’ve gathered preliminary evidence — such as medical records, photos, or an incident report

For early legal advice, visit our
Overseas Travel Injury Lawyers page.


The 5 Key Stages of an Overseas Resort Injury Claim

1. Initial Consultation (Free)

You’ll speak with a travel injury lawyer to explain what happened. We assess the strength of your claim and advise on the next steps — with no obligation.

2. Investigation and Evidence Gathering

We collect all relevant documents: medical records, booking terms, photos, witness contacts, and any communication with the hotel or travel agency.

3. Medical Assessments

You’ll be examined by one or more independent medical specialists in Australia to assess the impact of your injuries and your future care needs.

4. Lodging the Claim and Negotiation

We prepare and submit your formal compensation claim to the insurer for the Australian travel provider. Most claims are resolved during this negotiation stage.

5. Resolution or Litigation (Rare)

If negotiations fail, the matter may proceed to court. However, most overseas resort injury claims settle out of court through mediation.


What Evidence Is Required to Support Your Claim?

Collecting strong evidence makes a huge difference to your case. Here’s what we typically rely on:

Type of Evidence Examples
Booking Materials Confirmation emails, payment receipts, travel itineraries, terms & conditions
Medical Records Hospital reports from overseas, GP and specialist assessments in Australia
Photographic Evidence Images or videos showing the hazard that caused your injury
Incident Reports Written reports from the hotel/resort or travel provider
Witness Details Contact information and statements from people who saw what happened
Proof of Loss Receipts for medical expenses, transport, lost bookings, or missed excursions

Do You Have to Sue the Overseas Hotel?

No. Most successful claims are brought against the Australian travel company that arranged your accommodation. Under the Australian Consumer Law (ACL), they are responsible for ensuring services are delivered with due care and skill — even if those services are delivered by their international suppliers.

Suing the overseas hotel directly is often costly, complex, and unnecessary.


Timeframes: How Long Does a Resort Injury Claim Take?

The length of your claim depends on the complexity of your injuries and the willingness of the insurer to negotiate. Here’s a typical timeline:

  • Initial investigation: 1–3 months
  • Medical stabilisation & reports: 2–6 months (depends on injury)
  • Claim lodgement & negotiation: 1–4 months
  • Litigation (if required): Adds 6–12 months but is uncommon

We handle all claims on a No Win, No Fee basis, so there’s no upfront cost to start the process.


FAQs – Legal Process for Resort Injury Claims

What if I didn’t report the incident while overseas?
You can still claim — but having other evidence like photos, medical records, or witness accounts will be important.

I already claimed on travel insurance. Can I still make a legal claim?
Yes. Travel insurance only covers basic medical costs and disruptions. A legal claim can cover pain and suffering, income loss, and long-term effects.

What if the hotel blamed me for the accident?
We examine contributory negligence and defend your position with evidence. Even if fault is shared, you may still be entitled to partial compensation.


Understanding the Process Puts You in Control

The overseas resort injury claim process may seem complicated, but with the right legal support, it becomes manageable. The most important thing is to act early, preserve your evidence, and seek experienced legal advice.

Contact Carter Capner Law today for a free case review — or visit our
Overseas Travel Injury Lawyers page to learn more about your rights.