Holiday Claims for Accidents and Illness Abroad FAQs
If you’ve been involved in an accident while holidaying or working abroad, or have suffered a preventable illness overseas, you may be eligible to claim compensation.
Our experienced travel litigation solicitors can offer specialist legal representation to those affected by a holiday accident or illness, with the compensation you receive helping to cover the cost of your ongoing treatment and loss.
To help you decide whether to make a claim for accidents or illness abroad, we’ve listed answers to common questions we’re asked about the travel claims process — including how to claim, who to claim against, and your entitlements. Take a look at our holiday claims FAQs below or contact our team today for free legal advice.
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.
Head of Travel Litigation
Senior Legal Executive and Head of Personal Injury
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