Accidents Abroad and Holiday Accident Claims

If you have an accident abroad, you may be entitled to make a holiday accident claim for compensation. Holidays and trips abroad are meant to be pleasurable and relaxing experiences, but if things go wrong and you are injured in an accident, you can face significant challenges. If you are injured on a business trip, the consequences can be even wider ranging. Everything from seeking medical treatment in a foreign country to the loss of enjoyment of your holiday can take a toll. Not only can your holiday or business trip be ruined, but you could have injuries that impact your daily life long after you return to this country.

Compensation claims are designed to account for any losses (both in terms of pain and suffering, and in terms of financial losses) caused by a business trip or holiday accident. Claims are built around you and your experiences, with the aim of putting you back into the position you would have occupied if you had never been injured abroad.

The expert holiday claims solicitors at Clough & Willis understand the challenges associated with accidents abroad. We have the necessary knowledge and experience to give you the best chance of success with a personal injury claim for an injury abroad, and to ensure you receive the maximum amount of compensation you are entitled to. Contact us today to learn more about how we can help and how much compensation you could be owed. Call us on 0800 083 0815, or fill out an online enquiry form to arrange for a call back at your convenience.

What are the most common holiday accidents?

Our holiday accident solicitors have represented clients who have experienced a whole range of accidents and injuries while on a holiday abroad. Here is a list of just a few types of accidents that happen on a trip:

• Accidents on a cruise ship
• Accidents on board an aircraft
• Accidents in an airport
• Road traffic accidents
• Accidents in a hotel
• Food poisoning
• Accidents on excursions or organised trips

To claim compensation for a holiday accident, you must be able to prove that another party was responsible for your accident or the injuries sustained. For example, if you get food poisoning from food incorrectly prepared at your hotel, or you were involved in an accident because the pool was not properly supervised by a lifeguard, you may be able to make a valid claim.

You must also show that the responsible party owed you a duty of care. This is common on package holidays, where the tour operator is generally responsible for your health and wellbeing during your trip. However, in any situation where you have experienced an accident that was someone else's fault, you may be entitled to claim.

Claiming compensation for holiday accidents

Just because your accident happened abroad does not mean you cannot claim compensation. In fact, you do not usually have to use lawyers in the country where the accident happened to bring your claim. Most claims can now be brought in the UK even if your accident happened abroad.

If your holiday was a package holiday then in many cases your tour operator is responsible for your accident. If you have an accident on a cruise ship the Athens Convention can be used to bring a claim against the tour company. The Montreal Convention can be used to bring a claim against an airline for accidents on an aircraft. All these claims can be brought in the UK courts.

If you have had an accident on an aeroplane, a cruise ship or abroad then you should take steps to see if you have a claim straight away as you may only have 2 years from the date of the accident to issue court action.

How much compensation could you be owed?

It is impossible to say how much a holiday accident claim could be worth, as it is based on unique factors related to each situation. Accident abroad compensation considers the nature of your injuries, the circumstances in which you were injured, and any financial losses you experienced as a result. There are two types of damages that may be paid in a holiday compensation claim:

• General damages account for the pain, suffering and loss of amenity you experience. They are based on compensation guidelines created by the Judicial College, which set minimum and maximum compensation amounts for each type of injury. If you have lost your ability to do things you previously enjoyed, your accident abroad claim will take this into account and provide suitable compensation.
• Special damages are calculated based on receipts for financial losses related to the injuries sustained. For example, any medical expenses, travel costs, lost earnings while you recover, and even future lost earnings if you are permanently unable to do your job due to your injury, can all be included within this payment. For holiday accident claims, loss of enjoyment of your holiday can also form a part of these damages.

As such, holiday accident compensation is difficult to estimate without understanding the details of your accident abroad and how it has affected you in the time since. Call our team today to discuss your accident and find out how much compensation you could be entitled to.

Is there a time limit for holiday accident claims?

There is generally a time limit of three years in which you must make a holiday accident claim or 2 years if your accident happened on a ship, aeroplane or abroad This begins from the date that the accident happened, or the date on which you realised that the injury occurred due to the accident. It is best to start the claims process as soon as possible because it is easier to gather evidence and contact witnesses in the immediate aftermath of an accident.

The time limit may not apply if the injured party does not have the mental capacity to make decisions for themselves. If they were under the age of 18 when the accident occurred, no time limits will apply until they turn 18. From there, the three-year time limit begins, which means they have until their 21st birthday to make a holiday accident claim on their own behalf. Their parents can usually make a claim on their behalf while they are underage.

How does the accident abroad claims process work?

The process for making a holiday accident compensation claim is always unique, but there are several stages it must go through as it progresses. The first stage begins before you even start the legal process, and involves gathering evidence. If you are able to, take photographs of the accident scene and gather contact details for any witnesses to the incident. Expert personal injury solicitors will contact these people later to gather witness statements that support your version of events.

You should also document your injury and your recovery, with photographs and a diary of events, if you can. If you did not do this at the time, write down as much as you can remember. From there, seek legal advice about whether you are eligible to claim compensation and get the process started.

Once a solicitor becomes involved, they will support you to collect evidence and build a case. The team at Clough & Willis has a wealth of experience in personal injury claims, and especially holiday injury claims, so we can help to build the strongest possible case. Then, we will draft a letter of claim and send it to any liable parties - usually tour operators and their insurance providers.

They will need to decide whether or not they accept liability for your accident. In many personal injury cases, the liable party agrees that they are responsible for the injury, and negotiations over compensation begin. If the other party disputes their liability, the case may proceed to court. Your Clough & Willis solicitor will represent you in court and fight to secure the maximum amount of compensation by presenting your case in the strongest terms.

We generally offer legal services for holiday accident claims under a no win, no fee agreement. This means that you will not need to pay any legal fees unless your claim is successful. Once negotiations have concluded, you will pay your legal fees and receive the compensation you are owed.

To learn more about what to expect if you decide to make an accident abroad claim, contact our holiday accident solicitors today.

What evidence do I need for a holiday accident claim?

To make a successful holiday accident claim, you need to provide as much evidence as possible to prove that the accident was caused by negligence or a failure in duty of care. Evidence can include:

• Clear photos of where the accident happened. If these include uneven pavements, broken stairs, faulty equipment, or any other hazard that contributed to the accident, this will support your claim.
• Photographs of visible injuries sustained during the accident, such as cuts, bruises, or fractures, which can help show the severity of the incident. If personal belongings were damaged as a result of the accident, such as clothing, phones, or travel equipment, photos of this damage can also be useful.
• Medical reports documenting the nature and extent of the injuries provide important evidence. These should medical include records from hospitals or clinics, both abroad and upon return to the UK.
• Receipts for medical expenses, treatments, or medications incurred while abroad. This should also include transport to and from medical facilities and any other expenses incurred due to the accident. For accidents that resulted in time off work, documentation proving the loss of income, such as wage slips or letters from an employer, should be submitted to claim compensation for lost earnings.
• Witness statements from any other people who were present at the time of the accident. If the accident occurred in a hotel, restaurant, or similar establishment, staff who were present at the time may also be able to provide statements confirming the details.
• An accident report or other record from the premises where the accident happened. For example, if the incident happened in a hotel or resort, report the incident to management and ask them to log it in their accident book.
• Records of any relevant travel documents, such as flight itineraries, accommodation booking confirmations, or tour receipts. If the holiday was booked through a travel agent or as part of a package deal, the terms of the package may help establish liability, particularly if the incident involves services provided by the travel company.
• Testimony from experts in medical care, safety procedures, or other relevant fields.
• Correspondence between you, the travel company, hotel or any other third parties related to the accident. This could include complaints or any formal responses you received from the responsible party.

All this evidence combined can help to build a strong case to back up your compensation claim. Your solicitor will support you to gather evidence and build the strongest possible case.