Excursion & Tour injury claims

Persons who sign up for a sightseeing or museum tour or to enjoy an excursion activity are entitled to expect that each of the services provided during the outing is performed with due care and skill. Carter Capner Law handles claims for a wide range of recreational related injuries such as Excursion & Tour injury claims.

Do you have a claim?

Check to see if you are entitled to compensation for Excursion & Tour injury claims. If you have a question, please get in touch with our team.

Do you have a potential Excursion & Tour injury claims in which you or a family member participated?

Make an enquiry

What do you do if you were injured in an tours or excursion accident?

Accidents that occur from participating in a tour or excursion (and travelling to & from it) can be the subject of an injury compensation claim if they result in serious injury and have been caused by the lack of reasonable care by someone responsible for an activity during its course.

The injury risks to which participants may be exposed are those of traffic accidents, machinery mishaps, falls, being hit by moving objects and the risks associated with the place and activity being enjoyed.

An experienced Tour & Excursion Injury claims lawyer’s job in a case involving a major Tour & Excursion accident is to thoroughly investigate all the contributing causes and determine the amount of fair compensation that should be awarded to the injured Tour & Excursion customer.

Touristic operators who breach their duty of care or visitors who disregard safety regulations both have the potential to cause harm. If you experienced any of the harms listed below, you ought to obtain legal counsel:

  • Whiplash
  • fractures and sprains of the spine, neck discomfort, and head trauma
  • a flexion or dislocation that is excessive
  • Drowning

The role of an accident lawyer confronted with a recreational injury is to thoroughly examine all the contributing factors to show the absence of due care and skill and to formulate the amount of compensation that is properly payable as a result.

We will comprehensively formulate your Excursion & Tour injury claims to include damages for expense recovery, lost income, loss of future earnings, paid and unpaid care, pain & suffering, loss of enjoyment of life and your other particular losses.

Commercial operators usually exclude liability for injuries as a condition of participation. Your rights to compensation for any resulting Excursion & Tour 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.

Your rights include the right to choose an injury compensation lawyer with extensive knowledge and experience in avoiding such liability exclusions to ensure you get full recovery of all losses that an operator’s negligence causes to ticketholders.

Our services extend Australia wide and cover contested court hearings and the negotiation of out-of-court compensation settlements for all recreational accidents.

You are entitled to secure the services of a legal team whose deep knowledge and experience in recreational accidents give them the confidence to take on your Excursion & Tour injury claims charging no upfront fees and only getting paid on success.

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


Schedule your free initial consultation

At our initial consultation, we can give you more information about the Excursion & Tour 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.


Investigation & gathering evidence

We will investigate and gather evidence while you recover from your Excursion & Tour 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.


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 Excursion & Tour injury claims.

From those reports, we will formulate how the Excursion & Tour injury claims have impacted you and your family at work and at home.


Lodge your claim

If the investigation results satisfactorily, we will then lodge your insurance claim 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.


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 Excursion & Tour injury claims settlement.


Claim settlement or court proceedings

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

If your Excursion & Tour injury claims have 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 from participating in a tour or excursion. Can I claim for compensation?

For Excursion & Tour injury claims to be successful, you will need to prove that the operator failed to exercise due care and skill and verify that your injury meets the relevant threshold to warrant 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 unsure where to start, contact our expert recreational lawyers who will give you advice on Excursion & Tour injury claims.

What’s my chance of a successful claim for an injury that occurred while in a tour?

Every Excursion & Tour injury claims is different. We need to carefully consider:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • how and when the owner or property manager was made aware of the defect;
  • whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

How much compensation will I receive for a recreational injury?

For Excursion & Tour injury claims – It all depends on the quality of your evidence, the quality of your lawyer’s investigation and the loss of income case you make out.

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 Excursion & Tour 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 recreational accident lawyer who specialises in Excursion & Tour injury claims can make the process easier, more efficient and more likely successful for you.

What kind of evidence do I need to keep and collect?

To assist our public liability lawyers with the tour injury claims, it is important to undertake the following:

  • Make a list of everything you can recall about the accident.
  • Keep a record of the names and addresses of the witnesses.
  • Take notes and photos at the location of your injury. Illustrations are also useful, as the saying goes, “A picture is worth a thousand words.”
  • Any equipment, equipment, or other items that harmed you should be documented with photos and videos.
  • Take photos of your injuries.
  • Keep any defective or broken goods.
  • Keep a record of the time you missed from work as a result of the injury.
  • Make a schedule of all treatment sessions and follow-up visits with doctors, physiotherapists, chiropractors, and other health care providers.
  • Keep all medical, pharmaceutical, and other expense receipts and invoices.
  • Keep a log of the assistance that friends and family provide.
    Get the contract’s supporting documents.
  • Collect documentation of your reduced earning potential, including pay stubs, group certificates, income tax returns (for the six years before to the accident and the following year), references, and resumes.

What are the fees for compensation claim for recreational accidents?

It is essential to always speak to an expert compensation lawyer about your Excursion & Tour 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 a tour or excursion.

Recreational injury may arise from either the action of the other participants, inadequate control or management of the activity or defective premises or defective equipment.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.


Shoulder injury.

Shock, anxiety and depression.

The CCL method

Our recreational injury lawyers can examine the circumstances of your case to determine whether you have valid legal grounds for filing a personal injury claim. After receiving favourable advice, you can start the 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.


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.


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 .


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.



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.



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.


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 expenses does Carter Capner Law cover for you under its Excursion & Tour accident compensation No-win No-fee terms?

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

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