Sustaining injury outside of Australia can be a very distressing and expensive experience. Dependent on the injury circumstances, you may be entitled to receive compensation.

Some examples of scenarios of potential claims include:

  • travelling overseas for work;
  • slip and trips at hotels, resorts or accommodation;
  • accidents in restaurants, bars, pubs or clubs;
  • sporting accidents;
  • boating accidents.

The reason for your travel can impact the law to be applied to your claim and whether the country in which you were injured laws apply. Australian Courts apply a doctrine of the applicable law, which is the law of the place in which the injury occurred (the lex loci delicti).

What does this mean for you

Your claim can be prosecuted in Western Australian courts, however the law of the country in which you are injured could apply.

If a foreign law applies, there could be varying timeframes upon which you can bring a claim for compensation. The challenges of working cross-jurisdiction can make these claims complex and difficult. 

It is important to document the injury at the time of the accident and seek medical treatment as soon as practicable.

If you have been injured overseas, contact Brand Barristers & Solicitors today for an obligation-free meeting to assist in determining if you have an eligible claim and the appropriate next steps.

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