In order to claim injuries sustained in hot air balloons and ultralight accidents, you will need to prove that the operator breached their duty of care and that your injury meets the relevant threshold for compensation.

If you are injured:

• Report the accident as well as your injury to a staff member immediately. Make sure that you make a list of all the relevant details in a notepad immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

If you are not sure where to start, please contact our experienced recreational lawyers, who will give you advice.

Every situation is different. We need to consider carefully:

• how the accident occurred;
• whether any element of the design or construction fell below reasonably acceptable standards;
• whether the injury arose from an “accident”;
• to what extent operator error caused the accident;
• the extent to which unavoidable circumstances were also a cause.

It all depends on the quality of your evidence, the quality of the investigation undertaken by your lawyer and the case for loss of future income the lawyer makes out when you make a claim.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

• extent of duty owed;
• breach of duty;
• pre-existing health prior to the accident;
• pre-accident lifestyle;
• injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

• General damages (loss of enjoyment in life due to suffering);
• Out-of-pocket expenses (medical bills, rehabilitation costs);
• Any loss of income and superannuation contributions;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

It is crucial that you:

• Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
• Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
• Record the details of any of the witnesses to the accident.
• Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
• Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in public liability claims can make the process easier, more efficient and more likely successful for you.

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in many cases.