Hotel & Resort Injury Lawyers

Carter Capner Law handles insurance and compensation claims for a wide range of travel accidents and overseas holiday accidents, including hotel holiday rental and resort injuries. If you have been injured in a hotel or resort, whether in Australia or abroad, please get in contact with our travel and holiday injury lawyers Brisbane and QLD because you may be entitled to compensation.

Do you have a claim?

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

Do you have a potential Resort Injury Claim?

Make an enquiry

What to do if you have been injured at a hotel or resort?

Accident and illnesses can happen anytime and anywhere when travelling aboard aircraft, at airports, hotels, holiday rentals, resorts, on the road or when travelling by sea. No matter what the injury Carter Capner Law travel compensation lawyers can help with an TPD or income protection claim or with a compensation claim. Compensation is often available for pain and suffering, expenses, loss of holiday enjoyment and diminution of future earning capacity.

If you have been injured in a hotel, holiday rental or resort in Australia or abroad, please get in contact with us because you may be entitled to compensation. Accidents at a hotel, holiday rental or resort during your travels are far too common. An expert travel injury lawyer can assist you to claim for injuries that you suffered, including:

  • Swimming pool and recreational accidents;
  • Faulty/broken equipment or poor quality accommodation fittings;
  • Inadequate security, terrorism and assault;
  • Falls from balconies, decks and bridges.

We also conduct expense claims concerning carrier or travel agent holiday interruption and delay. We can investigate whether the accident that suffered your injuries from was due to the negligence of the hotel/resort operations on a No Win, No Fee basis.

1

Schedule your no-obligation initial consultation

At our initial consultation, we can give you more information about the claim process and discuss the viability of your 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 then gather evidence, obtain reports from medical providers, travel coordinators and police and other authorities where the accident happened. We will also investigate your injuries so we can understand clearly how the injury will/has impacted your home life and at work.

3

Claim settlement or court proceedings?

Our services include comprehensive negotiations with the insurers and in the case of compensation claims, for at-fault parties with a view to ensuring you recover the payout or compensation to which you are entitled.

In many instances, claims can be resolved without the need for court proceedings.

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.

For overseas injuries, does overseas law apply?

The answer is “No” for insurance claims under TPD or accident insurance.

“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 travel injury lawyers to extensively liaise with overseas counterparts on many aspects of these types of claims.

What’s my chance of a successful claim?

Every situation is different. We need to carefully consider:

  • 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.

How are damages assessed for travel injury compensation claims?

You must keep as many records before, during and after the accident. Things like receipts, documents, waivers, images, witness statement details, correspondence between you and the facility where the accident occurred. It may be challenging to prove that the operator was incompetent, mainly if there was an apparent inherent risk to the activity.

To assist your lawyer 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 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

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 we will help assess your needs and eligibility for our no-win no-fee service.

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.

What are the fees for compensation claim for resort accidents?

It is essential to always speak to an expert compensation lawyer about your situation. 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.

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

Types of injuries that can occur at a hotel/resort.

If you have been injured in a hotel, holiday rental or resort in Australia or abroad, please get in contact with us because you may be entitled to compensation.

Head and brain injury.

Spinal and neck injury.

Mental illness.

Ankle, knee and wrist injury.

Upper and lower limb injuries.

Fracture.

Whiplash.

Soft tissue and eye injury.

Shock, anxiety and depression.

The CCL method

Our compensation 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 are the fees for travel compensation claims?

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