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Paid Watersport Injury Claims

Water-based activities – boating, skiing, snorkelling, tubeing, kite surfing, white water rafting etc – have their own risks of injury. Where the activity is provided by a commercial operator, all services must be performed with due care and skill. The operator should therefore observe the highest safety standards and ensure the activity lives up to all the claims in its brochure. Carter Capner Law handles claims for a wide range of recreational related injuries such as paid watersport injury claims.

Do you have a claim?

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

Do you have a potential Paid Watersport Injury Claims?

Make an enquiry

What do you do if you have been injured during a paid water-based activity accident?

Water-based activity injuries may regrettably occur as a result of insufficient safety briefings, defective equipment or inadequate control and supervision of the activity.

Commercial operators usually exclude liability for injuries as a condition of participation. Your rights to compensation for any resulting Paid Watersport 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.

Injured participants should seek advice from an experienced recreational injury lawyer with the knowledge to defeat a Dangerous Recreational Activity defence and pursue Paid Watersport Injury Claims for their loss of salary and future earnings, paid and unpaid domestic care, loss of enjoyment of life and expense recovery.

An injury compensation lawyer tasked with representing an injured participant must systematically examine all the contributing factors to determine the cause of injury and if a breach of duty is established, assess the fair compensation that the operator’s insurer must pay as a result.

Your rights in relation to a recreational accident include the right to get the best outcome for you and your family by choosing a lawyer with knowledge of recreational services’ business operations and injuries that can result.

Carter Capner Law conducts Paid Watersport Injury Claims Australia wide.

Our service terms ensure you are kept informed all the way and that our people are always available to address concerns.  Industry-leading technology ensures claims are conducted promptly, efficiently and at a lower cost.

Out-of-court compensation settlements can often be achieved but contested hearings with witnesses are all part of our service.

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 Paid Watersport 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.

1

Schedule your free initial consultation

At our initial consultation, we can give you more information about the Paid Watersport 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 Paid Watersport 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 a 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 Paid Watersport Injury Claims.

From those reports, we will formulate how the Paid Watersport Injury Claims have 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 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 Paid Watersport 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 Paid Watersport Injury Claims is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

If your Paid Watersport 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 from defective equipment in a paid recreational activity. Can I claim for compensation?

For Paid Watersport Injury Claims to be successful, you will need to prove that the operator was negligent or breached their duty of care. You will also need to verify that your injury is sufficiently serious to warrant compensation.

If you are injured at a recreational facility:

  • 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 Paid Watersport Injury Claims.

What’s my chance of a successful recreational claim?

Every Paid Watersport Injury Claims is different. In compensation claims, we need to carefully consider:

  • how the accident occurred;
  • whether any element of supervision or control fell below reasonably acceptable standards;
  • how and when the operator was made aware of any defect;
  • the operator’s response; and many other things.

How much compensation will I receive for a recreational injury?

For Paid Watersport Injury Claims – It all depends on the quality of your evidence, the quality of your lawyer’s investigation of the accident and the loss of income case your lawyer makes 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 Paid Watersport 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 Paid Watersport 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 Paid Watersport 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 paid watersport activities.

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

Shoulder injuries.

Crush injuries.

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 you have learned from your lawyer whether or not you have a valid claim, you can start the process:

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

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