This depends on the extent of fault on the part of the service provider, the quality of your evidence, the quality of the Hotel & Resort Injury Lawyers’ investigation into the accident and the case presented by your lawyer in relation to loss of future earning capacity.

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 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;
• Paid and unpaid recuperative assistance;
• Ruined holiday loss;
• Holiday disappointment;
• Potential medical or personal care costs that are likely to occur due to the injury; and
• The interest from the loss of earnings.

This “Cross-border” compensation claims carry many layers of complexity. Australian law usually applies to part of the claim and the law where the injury occurred to other parts.

It is necessary for Hotel & Resort Injury Lawyers to extensively liaise with overseas counterparts on many aspects of these types of claims.

Every situation is different. Our Hotel & Resort Injury Lawyers need to consider carefully:

• how the accident occurred;
• who was potentially at fault;
• the law in the place where the injury occurred;
• how the holiday was arranged;
• whether the claim can be conducted in Australia and, if so in which state; and many other things.

Be sure to keep all employment medical and health records from before and after the accident. Also, hold on to receipts, documents, waivers etc.

To assist Hotel & Resort Injury Lawyers with the investigation, it is important to try to do the following:

• Make notes of your recollection of all events relevant to the accident
• Record names and addresses of witnesses
• Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
• Take photos and video of any product, equipment or object that injured you
• Take photos of your injuries
• Keep any defective product which caused an injury
• Keep details of your absences from work caused by the injury
• Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
• Keep all invoices and receipts for medical, chemist etc. expenses
• Record details of assistance provided by friends and family members
• Collect contractual records
• Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

Some claims are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Hotel & Resort Injury Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Our Hotel & Resort Injury Lawyers at Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

It is essential to always speak to Hotel & Resort Injury Lawyers 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. Hotel & Resort Injury Lawyers at Carter Capner Law offers a ‘no win, no fee’ service in many cases.

We service all of Australia in relation to travel and holiday injuries, including injuries occurring overseas.