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Scuba Diving Injury Claims

Australia has spectacular oceans, reefs and marine life that attracts recreational, professional and holiday scuba divers. Despite extensive training and detailed safety checklists, scuba divers do suffer injuries. Carter Capner Law handles claims Australia wide for a wide range of scuba diving injury claims that arise because of defective scuba equipment, inadequate supervision of the activity, conducting an exercise in dangerous conditions or insufficient briefings or warnings.

Do you have a claim?

Check to see if you are entitled to compensation for Scuba Diving Injury Claims. If you have a question, please get in touch with our team.

Do you have a potential Scuba Diving Injury Claims?

Make an enquiry

What do you do if you have been injured during a recreational scuba diving accident?

All commercial scuba-diving operators and clubs carry liability insurance for participants but the insurance only provides cover if they have legal liability for the injuries that result.

Commercial operators usually exclude liability for injuries as a condition of participation. Your rights to compensation for any resulting Scuba Diving Injury Claims can be diminished by such liability waivers and statutory immunity that is usually claimed under the Civil Liability Act for injuries resulting from “obvious risks” arising from Dangerous Recreational Activities.

To get you through the hoops and hurdles that the insurance company will put in your way, you need a legal team with years of experience in the technical aspects of scuba diving and legal obstacles to a successful injury compensation claim.

Carter Capner Law will vigorously pursue your claim for damages for loss of wages, paid and unpaid domestic care, loss of enjoyment of life, expense recovery and loss of future earning capacity.

You are entitled to secure the services of a legal team whose deep knowledge of recreational accidents gives them the confidence to take on your Scuba Diving Injury Claims charging no upfront fees and only get paid on success.

Call or email today to get expert advice from the recreational accident experts at Carter Capner Law.

1

Schedule your free initial consultation

At our initial consultation, we can give you more information about the Scuba Diving Injury Claims process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your Scuba Diving Injury Claims. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, we will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your Scuba Diving Injury Claims.

From those reports, we will formulate how the Scuba Diving Injury Claims has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim for Scuba Diving Injury Claims. Where possible and if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

We will formulate your damages demand if applicable and appoint an out of court meeting to negotiate the resolution of your Scuba Diving Injury Claims settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your Scuba Diving Injury Claims has not been resolved at this stage, we will file proceedings in court to help you get the compensation to which you are entitled according to law.

I was injured in a scuba diving accident. Can I claim for compensation?

For Scuba Diving Injury Claims to be successful, you will need to prove that the operator was negligent and verify that your injury meets the relevant threshold to warrant compensation.

If you are injured at a recreational facility or controlled-operated area:

  • 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 unsure where to start, contact our expert recreational lawyers who will give you advice.

What’s my chance of a successful recreational claim?

Every Scuba Diving Injury Claims is different. We need to carefully consider:

  • how the accident occurred;
  • whether any element of the design or maintenance of equipment fell below reasonably acceptable standards;
  • whether conditions were too dangerous for the safe conduct of the activity;
  • whether any lack of supervision or oversight contributed to the event that caused injury; and many other things.

How much insurance or compensation will I receive for an injury received in a scuba diving accident?

For Scuba Diving Injury Claims – It all depends on the quality of your evidence, the quality of your lawyer’s investigation and the loss of future earning capacity case that your lawyer makes out for you.

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:

  • 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 is likely to occur due to the injury; and
  • The interest from the loss of earnings.

How can I increase my prospects of success?

During Scuba Diving Injury Claims, 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 Scuba Diving Injury Claims can make the process easier, more efficient and more likely successful for you.

What are the fees for compensation claim for recreational accidents?

It is essential to always speak to an expert compensation lawyer about your Scuba Diving Injury Claims. Your financial position should not prevent you from seeking legal advice in regards to your 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.

Types of injuries that can occur during recreational scuba diving.

Scuba diving accidents might be caused by other participants, inadequate control or management of the activity, dangerous conditions or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Decompression illness.

Shock, anxiety and depression.

The CCL method

Our recreational injury lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for Recreational Injury compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us