How much insurance or compensation will I receive for my travel injury claim?
For insurance claims this depends on the cover provided under the policy. For compensation claims, it depends on the extent of fault on the part of the service provider and a comparison of your income earning capacity and other factors when compared before and after the accident.
If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to more substantial 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 elements proved including fault and causation.
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;
- Paid and unpaid recuperative assistance;
- Ruined holiday loss;
- Holiday disappointment;
- Potential medical or personal care costs that is likely to occur due to the injury; and
- The interest from the loss of earnings.