There’s never a good time for accidents and illness to happen, but they can seem so much worse if they happen when you’re abroad. Instead of relaxing and enjoying your well-earned holiday, you can find yourself in a bureaucratic as well as a medical nightmare, right at a time when you’re least able to deal with it. But winning the compensation you deserve in a successful holiday accident claim can help to make up for your ruined holiday.
Compensation claims specialists
Our holiday accident compensation solicitors run holiday accident compensation claims on no-win no-fee arrangements – which means you don’t need to worry about paying expensive legal bills.
Our specialist solicitors are experienced in handling holiday compensation claims throughout Wiltshire, Hampshire, Somerset, Dorset, Berkshire and Gloucestershire.
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Holiday Accident Compensation- What Kind of Injury Can I Claim For?
Holiday injuries and illnesses arise from a variety circumstances, the most common of which are accidents when travelling, whether on land, the seas or in the air
Our team win compensation for many kinds of holiday accident compensation claim including:
- Holiday accident claims
- Car accidents abroad
- Holiday illness abroad
- Accidents while working abroad
- Claim/cruise line claims
Don’t worry if the holiday accident occurred abroad. Provided the holiday was part of a package (i.e. two parts of your holiday, such as hotel and flight, were booked together), your holiday accident claim can be dealt with in the English courts so there will be no need to make a claim in foreign courts. Tour operators have a duty to look after their customers – keeping them safe and free from illness or injury. Sadly, holiday accidents do happen, however.
Common compensation claims include:
- Injuries for trips on uneven hotel flooring
- Illness from hotel food and poor hygiene standards
- Injuries caused whilst travelling
- Terrible hotel conditions
- Injuries whilst working abroad for either UK or overseas companies
- Sporting accidents, for instance whilst skiing or waterskiing,
- Trips, slips and fall in hotels and other accommodation
What should I do if I want to claim compensation?
The pain and stress, trauma and abiding disappointment of a holiday ruined is not easily dealt with at the time. But you could be entitled to claim for holiday compensation.
If you think you may have a claim for accident compensation after an accident or illness whilst on holiday, follow these 6 simple steps:
1. Report any illness or accident to hotel staff – tell what has happened to your tour operator’s local representative if on a package holiday
2. Ask for a written accident report.
3. Take photos or videos, if possible, of the scene of any accident.
4. Get details of anyone else involved or affected by the incident.
5. Try to get details of any witnesses: names, telephone numbers, addresses and if possible passport numbers.
6. See a doctor and obtain a written medical report. Keep a note of the details of any medical treatment
Instruct our specialist holiday accident compensation solicitors as soon as possible.
At your initial FREE interview, one of our team will give you an initial view as to whether your holiday accident compensation claim is worth pursuing.
Who will I claim against?
Your tour operator must keep to the Package Travel Regulations. These set out a travel company’s responsibilities to you, the customer, and what you need to do if you are unhappy.
Under these regulations you can claim against the tour operator who organised the trip provided it was booked as a ‘package holiday’.
A ‘Package Holiday’ is defined by and two of the following being booked together:
- Hotel/Other Accommodation
- Flight or other Transportation
- Car Hire/Airport Transfers/Excursions
Sometimes holiday compensation claims can become complex when the case is against the foreign owner of a hotel rather than against a UK based holiday company. In these circumstances, getting advice and guidance from an experienced personal injury claims solicitor can make the path to compensation far more straightforward than trying to go things alone.
How long do I have to pursue my holiday accident or illness claim?
Different time limits may apply where you have been involved in a holiday accident or have suffered illness on holiday on a ship, boat or aeroplane. The normal time limit that applies to personal injury claims is normally three years for adults, for anyone under 18 have until their 21st birthday to claim. However, we recommend that you contact us as soon as possible so we can let you know exactly the time limit you have for your claim, also whilst everything is still fresh in you mind.
Holiday compensation – what you can claim for
As well as being able to claim for pain and suffering caused by the accident or illness, you may also be able to claim for
- financial loss to date,
- any future financial loss anticipated,
- plus the loss of the holiday experience and enjoyment.
These kind of claims can be complicated especially if there is a single holiday property or business owner to deal with rather than a large travel or holiday organisation.
In such circumstances our experienced solicitors can help ensure that your ordeal doesn’t extend beyond the trauma of the holiday injury or illness into an unfamiliar world of legal procedure.
What other expenses can I claim for?
In addition to the categories above, when making a personal injury claim, you can also claim for compensation for other expenses, which can cover a wide variety of losses. It’s best to speak to a specialist personal injury solicitor about what you can, and cannot claim.
However, in general, such expenses can include the following:-
o replacement clothing
o travel costs – if you have been forced into costly and unnecessary travel as a result of your accident, such as trips to the doctors, or hospital appointments. Taxi fares, bus fares, extra fuel costs and parking fees would all be covered and if you are unable to drive due to your injuries, then the cost of transport to the shops or to work can be reclaimed.
o any phone and postal costs incurred by you in making your claim
o items bought because of the injuries, eg larger clothes or shoes which you needed to buy while you had one or more limbs in plaster.
It is important to remember that even if you can provide evidence to support all of your losses, including receipts for all such expenses and a note of any extra mileage if you’re driving. However be warned that you may not recover costs if they are considered unreasonable in relation to your injuries.
I suffered with food poisoning on holiday. Is it possible to make a claim?
In short, yes, you could be entitled to claim compensation.
Enjoying the diverse selection of exciting and exotic foods is part and parcel of the holiday experience. But what if you were struck sick or received food poisoning from something you ate at your hotel?
If you’ve suffered with food poisoning then you’ll know it can be horrendous, causing you to feel nauseous, suffer with stomach cramps, diarrhoea, even feel dizzy and have a loss of appetite. Food poisoning can also lead to even more serious conditions such as IBS, Chronic Fatigue Syndrome and Reactive Arthritis.
Salmonella is a lead cause of ‘Reactive Arthritis’ and it’s thought to cause pain while passing water along with eye irritation and joint pain. Most of the joints can be affected and it can take a long time to recover, even leading to chronic arthritis in some cases.
Other forms of food poisoning include Campylobacter which can lead to Guillain-Barré Syndrome which is a disorder where the body’s immune system starts to attack its nervous system, leading to paralysis.
Shigella or Dysentry as its otherwise known can cause bacteria to make their way into the bloodstream and this cause seizures and a really high fever, especially in children under two years old.
If you have also been the victim of any unusual diseases which weren’t the result of food poisoning such as typhoid, giarda iambala, a norovirus, Hepatitis A or had amoebic dysentery while travelling abroad you may also be eligible to claim injury compensation.
Do I really need legal advice if I have already been offered a settlement?
If you do have the grounds to make a compensation claim, it is really important to seek legal advice from specialist personal injury solicitors before you accept any offer from the holiday company.
Why? Tour operators are naturally reluctant to admit liability, and will often try to minimise their loss by offering you a small sum of money or even a discount for your future holidays. This is rarely adequate as compensation, so always talk to a specialist injury claim solicitor to make sure that your claim is properly settled and you get the compensation you deserve.
Funding your holiday accident compensation claim
- We offer no win no fee schemes (also known as conditional fee agreements). Click here to read about how no win no fee could work for you
- Our solicitors are approved by most Legal Expenses Insurers who may pay your legal bill.
What happens if my holiday was in the UK? Can I still make a claim?
You don’t have to go abroad to have problems or to make a compensation claim – almost 200 guests and staff were struck down by the norovirus stomach bug at a Butlins holiday camp in West Sussex back in June 2011.
How soon after my holiday accident or illness do I have to claim?
For personal injury claims, adults must usually pursue action within 3 years – though under-18s have until their 21st birthday.
However, time limits may vary if you have suffered your holiday accident or illness whilst on an plane, boat or ship. Given that time limits may vary, we suggest that you contact our injury solicitors as soon as possible so that we can act whilst the details are still fresh in your memory.
Click here to read more about making a Personal Injury Claim
Contact our Holiday Claim Solicitors today
Our holiday accident claim solicitors can see you in our Salisbury, Andover, Fordingbridge or Amesbury offices. Our Solicitors also regularly represent clients in locally in Wiltshire, Hampshire, Somerset, Dorset and throughout England and Wales.
Home/Hospital visits are available for clients with serious injuries.
For legal advice from expert holiday accident claim solicitors, contact our team today.