What are Accidents and Illness Abroad?

Millions of us enjoy jetting off to foreign countries to explore and relax each year, but what happens when things go wrong overseas? Accidents and illnesses can happen anywhere, so if you’re injured abroad or fall ill when travelling then our experienced travel litigation team are here to help you get compensation. This could be anything from experiencing a road traffic accident when driving abroad, contracting an infection or virus from poor food practices, or receiving negligent medical treatment in a foreign hospital.

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Making Accident and Illness Abroad Compensation Claims with Hudgells

Hudgell Solicitors are on hand to help if you think you have a valid claim for an accident abroad or holiday sickness claim, having successfully won compensation for many other holidaymakers who’ve been negatively impacted by the actions of others.

Our experienced travel litigation solicitors can offer specialist legal representation to those affected by holiday accidents or illnesses, with the compensation you receive helping to cover the cost of your ongoing treatment, potential loss of earnings and costs incurred due to changes to your holiday plans.

Making a Holiday Accident or Illness Claim

If you’ve recognised that you or a member of your family has come to harm as a result of an injury or illness abroad because of the actions of someone else, then you have the right to seek compensation and file a claim with us. Our overseas compensation solicitors will centre their case around your interests and needs, ensuring the most appropriate and effective legal and medical specialists are handling your claim.

You can get in contact with a member of our specialist teams on a range of different holiday compensation claim types:

How do Accident and Illness Abroad claims work?

People who have a potential holiday accident or overseas illness case will start with a free initial consultation with one of our solicitors, helping you to understand what the basis for your case would be and an honest assessment of any potential claims.

If we accept your case, our travel litigation team will begin their investigation. We’ll work closely with you to test your evidence and make sure it’s strong enough to challenge the liable party, holding them to account for the injuries and loss you’ve suffered. As part of our investigation, we’ll arrange for an expert medical examiner to assess your injuries or the circumstances of an illness, with a view to ascertain what and who was responsible. If you require further medical treatment and support, we’ll look at your ongoing care and rehabilitation requirements to help us establish your entitlements.

Once our investigation is complete, we’ll calculate how much compensation we believe you are entitled to and put this figure to those responsible, leaving it up to them to accept or challenge the compensation amount. The proceedings can progress in a few different ways from here:

  • If the other party accepts blame and the proposed settlement sum, your case will settle and you’ll be awarded compensation.
  • If they choose to contest the claim, we’ll continue acting on your behalf to try to settle the case out of court.
  • If your case does reach court, our experienced legal team will be there to provide full and complete support until the claim reaches a conclusion.

If you have any further questions about the claims process, contact our travel litigation team who will be happy to answer your queries and provide free legal advice.

How long do I have to make an accident or illness overseas claim?

The time period in which you can make an accident or illness abroad claim can vary depending on which country you were in at the time of the incident.

For accidents that occur in the UK, you usually have up to three years from the date of the accident or illness to bring a claim. However, this time limit can be much shorter in other countries and our travel law experts can advise you with regards to your individual case.

We’d always recommend starting a claim as soon as possible after the incident, so that we can begin the process and work towards securing the compensation you deserve.

 Do I qualify for an Accident or Illness on Holiday claim?

Identifying whether you can make a compensation claims for illnesses or accidents abroad will usually come down to recognising where the fault lies. There needs to be a clear recognition that the incident is the result of negligence, failure to follow health and safety procedures, a criminal act, or through a breach of foreign law.

We can help you determine this via our online claims form or through a free consultation with one of our specialists. Our solicitors have a wealth of experience in assessing potential overseas claim cases and can outline how your case could take shape.

You can make a holiday illness or holiday accident claim whether you were an independent traveller or as part of a package holiday, bringing legal action against the tour operator if your accident or illness was caused by health and safety breaches in the hotel or resort where you were staying or during an organised excursion.

If you were travelling as part of a larger group, you can undertake a group action or group litigation which combines the experiences of your whole party into a single claim. This allows similar complaints to work together in building a case against the negligent party, such as the action taken by the Cape Verde guests in 2019.

How much is my Personal Injury claim worth?

Figuring out how much compensation your may be entitled to for your accident or illness abroad claim will be based on a variety of factors. If the assessment from one of our solicitors identifies that you have a case, we’ll review the following areas to calculate a rough estimate of your holiday claim’s worth:

  • The severity of your injuries or illness, your condition at the time of the claim, and the outlook of your health going forward
  • Any psychological trauma caused by an accident abroad, and how this could impact on your life in the future
  • Pain, suffering and trauma experienced by you or a family member
  • Past, current and future loss of earnings due to time off work following an accident or illness abroad
  • Your rehabilitative care and support needs now and in the future
  • Medical expenses you may have paid abroad or in the UK
  • Mobility aids and modifications to your home
  • The loss of enjoyment you’ve experienced after your holiday was cut short by an unexpected accident or illness
  • Other financial loss

How much will my claim cost?

Part of our consultation will involve our solicitor discussing what sort of arrangement would best support you when proceeding with your case. A ‘no win no fee’ agreement may be suggested if we think it is applicable to your situation and would be the best course of action. If you accept this, then you won’t have any financial risk surrounding your case if the holiday compensation claim is ultimately unsuccessful. You will only need to reimburse your solicitor upon a successful outcome when taking the responsible party to court, which will typically be an agreed percentage of the awarded compensation.

Specialists in Accidents and Illness Abroad

Our expert lawyers are well versed in accident and illness overseas claims, having previously given successful legal representation to those who’ve been injured in accidents on holiday or been taken ill while abroad. We have a specialist legal team who work with foreign law experts across Europe, America and beyond to get justice for those affected by preventable injuries and illnesses overseas.

  • Led by Paul McClorry, member of (PEOPIL), (AAJ) and senior litigator of APIL
  • Supported by a dedicated team of lawyers who specialise in making accidents and illness claims for people travelling abroad
  • Our lawyers specialise in gaining access to the best possible rehabilitation support for those involved in serious accidents abroad
  • Experienced accident and illness abroad solicitors will take the time to understand what you’re going through
  • Leaders in securing compensation settlements and helping clients make the best possible recovery

 

 

 

 

 

Meet the accident and injury abroad team and learn more about their experience by watching this short video.

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When we take on any case, we want you to feel reassured and confident in every aspect of your claim. That’s why we offer a service that puts your needs over and above anything else.

Schedule our first meeting within 24 hours
Return your phone call or email the very same day
Reply to any letter you send us within 2 days
Write to you every 4 weeks with updates on your case

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Looking for help and don’t know where to start? We can help you find the information you need.

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Our Accident and Illness Abroad Experts

What type of accidents and illness can I claim compensation for?

Our travel litigators deal with many types of accident and illness abroad claims, so no matter what your circumstances, it’s worth speaking to one of our experienced solicitors to find out if you’re eligible to make a claim.

Below, we’ve listed some of the circumstances in which you may be able to claim compensation for accidents, injuries or illness abroad:

  • Road traffic accidents caused by another person’s reckless driving, either if you were on a coach, in a taxi, driving a hire car, or as a passenger or a pedestrian
  • Accidents while working abroad
  • Slips and trips which should have been avoided, either in a hotel, on a plane, on a cruise ship, or during an excursion
  • Poorly maintained or inadequate facilities at a tourist attraction
  • Skiing accidents
  • Other winter sports injuries — where equipment was faulty, there was a lack of instruction or another participant was at fault
  • Poorly managed and instructed sports and leisure activities, resulting in avoidable injuries
  • Food poisoning or bacterial illness caused by substandard food hygiene
  • Illnesses contracted from poorly maintained water systems
  • Terrorism offences
  • Negligent care during medical treatment

This isn’t an exhaustive list, so please contact our dedicated travel litigation team for a free, no obligation consultation about your individual circumstances.

Can I claim for accidents or illness abroad through UK courts?

Depending on your circumstances, you may be able to claim through the UK courts for accidents or illnesses which occurred abroad. However, different rules apply from country to country and there are often slight differences in the process depending on the type of claim.

Normally, you can make a claim through the UK courts in the following circumstances:

  • You’re making a claim against a UK-based insurer, employer or individual that is based in the UK.
  • You’re making a claim against an insurer or business that is based in the European Union.
  • You’ve suffered an accident, injury or illness during a package holiday, when the tour operator is based in the UK.

Where your accident or illness took place outside of the European Union, our travel litigation solicitors can advise on the best course of action for making a claim. We can often arrange representation from foreign lawyers and travel law experts, ensuring you’re given the appropriate legal guidance and support during the claims process.

When making a claim for an accident that happened outside the EU, it’s rare that you would have to appear in a foreign court yourself. We work with a network of lawyers in countries across the world, so you don’t have to worry about language barriers or other administrative issues.

In some cases, claiming compensation abroad can be beneficial. For example, in countries like the USA, you may be entitled to more compensation than you would be likely to receive through the UK courts. Again, this does vary from country to country, and our travel litigation experts can help to advise you on the settlement figure you can expect for a specific type of claim.

Our travel lawyers will keep in regular contact to let you know how your case is progressing and will always make sure you’re comfortable with the next step in the claims process.

FAQs

Who can make an accident and illness abroad claim?

If you or a family member has been involved in an accident while holidaying or working abroad, or you have fallen ill, you may be eligible to make a no win no fee claim for compensation.

In order for your claim to be successful, our holiday claims solicitors need to be able to prove who was liable for your accident or injury, and that the incident was caused by negligence, failure to follow health and safety procedures, a criminal act, or through a breach of foreign law.

You can make an accident or illness claim whether you were holidaying abroad as an independent traveller or as part of a package holiday. If you were travelling as part of an organised package holiday, you can bring legal action against the tour operator if your accident or illness was caused by health and safety breaches during your transfer; in the hotel or resort where you were staying; or during an organised excursion to a visitor attraction.

If you’re unsure whether your circumstances mean you’re eligible to make a claim, our solicitors can help. For a free initial consultation about your case, contact us today.

What type of accidents and illness can I claim compensation for?

Our travel litigators deal with many types of accident and illness abroad claims, so no matter what your circumstances, it’s worth speaking to one of our experienced solicitors to find out if you’re eligible to make a claim.

Below, we’ve listed some of the circumstances in which you may be able to claim compensation for accidents, injuries or illness abroad:

  • Road traffic accidents caused by another person’s reckless driving, either if you were on a coach, in a taxi, driving a hire car, or as a passenger or a pedestrian.
  • Accidents while working abroad.
  • Slips and trips which should have been avoided, either in a hotel, on a plane, on a cruise ship, or during an excursion.
  • Poorly maintained or inadequate facilities at a tourist attraction.
  • Skiing accidents.
  • Other winter sports injuries — where equipment was faulty, there was a lack of instruction or another participant was at fault.
  • Poorly managed and instructed sports and leisure activities, resulting in avoidable injuries.
  • Food poisoning or bacterial illness caused by substandard food hygiene.
  • Illnesses contracted from poorly maintained water systems.
  • Terrorism offences.
  • Negligent care during medical treatment.
  • This isn’t an exhaustive list, so please contact our dedicated travel litigation team for a free, no obligation consultation about your individual circumstances.

    Can I claim for accidents or illness abroad through UK courts?

    Depending on your circumstances, you may be able to claim through the UK courts for accidents or illnesses which occurred abroad. Different rules apply from country to country, however, and there are often slight differences in the process depending on the type of claim.

    Normally, you can make a claim through the UK courts in the following circumstances:

  • You’re making a claim against a UK-based insurer, employer or individual that is based in the UK.
  • You’re making a claim against an insurer or business that is based in the European Union.
  • You’ve suffered an accident, injury or illness during a package holiday, when the tour operator is based in the UK.
  • Where your accident or illness took place outside of the European Union, our travel litigation solicitors can advise on the best course of action for making a claim. We can often arrange representation from foreign lawyers and travel law experts, ensuring you’re given the appropriate legal guidance and support during the claims process.

    When making a claim for an accident that happened outside the EU, it’s rare that you would have to appear in a foreign court yourself. We work with a network of lawyers in countries across the world, so you don’t have to worry about language barriers or other administrative issues.

    In some cases, claiming compensation abroad can be beneficial. For example, in countries like the USA, you may be entitled to more compensation than you would be likely to receive through the UK courts. Again, this does vary from country to country, and our travel litigation experts can help to advise you on the settlement figure you can expect for a specific type of claim.

    Our travel lawyers will keep in regular contact to let you know how your case is progressing, and will always make sure you’re comfortable with the next step in the claims process.

    What happens when I make an accidents or illness abroad claim?

    When you submit a claim to us, our experienced travel lawyers will provide a free initial consultation. This will help us to determine whether the circumstances of your claim mean you’re eligible to claim compensation. We always try to be as honest as possible when determining the outlook of a potential claim, and will only take on a case if we believe there’s a case to answer.

    If we accept your case, our travel litigation team will begin their investigation. We’ll work closely with you to test your evidence and make sure it’s strong enough to challenge the liable party, holding them to account for the injuries and loss you’ve suffered.

    As part of our investigation, we’ll arrange for an expert medical examiner to assess your injuries or the circumstances of an illness, with a view to ascertain what and who was responsible. If you require further medical treatment and support, we’ll look at your ongoing care and rehabilitation requirements to help us establish your entitlements.

    Once our investigation is complete, we’ll calculate how much compensation we believe you are entitled to based on the severity of your injury or illness, your financial losses, and your ongoing care requirements. We’ll then put this figure to those responsible, leaving it up to them to accept or challenge the compensation amount.

    If the other party accepts blame and the proposed settlement sum, your case will settle and you’ll be awarded compensation. If they choose to contest the claim, we’ll continue acting on your behalf to try to settle the case out of court. If your case does reach court, our experienced legal team will be there to provide full and complete support until the claim reaches a conclusion.

    If you have any further questions about the claims process, contact our travel litigation team who will be happy to answer your queries and provide free legal advice.

    How much compensation am I entitled to?

    The amount of compensation you can claim for accidents and illnesses abroad depends on several different factors. If we accept your case, we’ll assess the following when calculating how much your claim is worth:

  • The severity of your injuries or illness, your condition at the time of the claim, and the outlook of your health going forward.
  • Any psychological trauma caused by an accident abroad, and how this could impact on your life in the future.
  • Pain, suffering and trauma experienced by you or a family member.
  • Past, current and future loss of earnings due to time off work following an accident or illness abroad.
  • Your rehabilitative care and support needs now and in the future.
  • Medical expenses you may have paid abroad or in the UK.
  • Mobility aids and modifications to your home.
  • The loss of enjoyment you’ve experienced after your holiday was cut short by an unexpected accident or illness.
  • Other financial loss.
  • To start your claim, call our team today and benefit from a free, no obligation consultation about the circumstances of your case.

    How long do I have to make a claim?

    The time period in which you can make an accident or illness abroad claim can vary depending on which country you were in at the time of the incident.

    For accidents that occur in the UK, you usually have up to three years from the date of the accident or illness to bring a claim. However, this time limit can be much shorter in other countries and our travel law experts can advise you with regards to your individual case. We’d always recommend starting a claim as soon as possible after the incident, so that we can begin the process and work towards securing the compensation you deserve.

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