Holiday Illness Abroad Claims FAQs

Who can make a holiday illness claim?

If you’ve suffered an illness abroad which could have been avoided, you may be eligible to claim compensation. In order to make a claim, our solicitors must be able to show that the sickness was caused by health and safety breaches, poor food handling, inadequate hygiene standards, or a hotel, tour operator or cruise company’s failure to contain the spread of a bacterial infection.

The common causes of illness abroad that you may be able to claim compensation for include:

  • Food poisoning
  • Bacterial infections
  • Legionnaire’s disease
  • Typhoid
  • Norovirus

If you’ve suffered any of the above illnesses while on holiday, or another sickness bug which you believe could have been avoided, talk to our travel litigation solicitors today to see if you’re eligible make a compensation claim.

How long do I have to make a holiday illness claim?

If you’ve suffered an avoidable illness on holiday, you may be able to claim compensation within a designated time period from when the illness took place.

If the illness was sustained in England and Wales, you normally have three years from the date of the onset of the illness to bring a compensation claim against those responsible. The same may apply if you bring a claim against a tour operator based in the UK.  However, this may not be the case if your illness was contracted outside of England and Wales where English law does not apply.  Some countries have much shorter time periods, some as short as 6-12 months from the date of the onset of the illness.  Therefore, we recommend that you obtain advice from a travel litigation specialist at your earliest opportunity following an illness on holiday.

Who can I make an illness abroad claim against?

Who you bring a claim against will depend on the circumstances of your illness, and who or what was responsible. If we accept your claim, our solicitors will thoroughly investigate the circumstances of your illness, with a view to determining who is liable.

In cases where your holiday illness was avoidable, you can bring a claim against:

  • Package holiday tour operators — for failing to comply with their duty of care to you.
  • The hotel and their insurer — for breaches in health, safety and hygiene standards.
  • Cruise ship operators — for health and safety breaches, and for failing to contain the spread of bacterial infections.

Our solicitors can provide free and impartial advice about the circumstances of your claim, helping you to bring a successful claim against those responsible for your holiday illness.

How much compensation can I expect for a holiday illness claim?

The amount of compensation you’re entitled to claim for a holiday illness will depend on the severity of your case and your financial losses.

When we accept your claim, we’ll assess the value of your case by considering the extent of your illness, and calculating your financial losses. To do this, we’ll enlist the help of an independent medical expert who will consider the severity of your illness, and how much remedial treatment and care you require in the aftermath. We’ll also factor in any medical expenses you’ve incurred overseas, and the total financial loss you’ve suffered after being forced to abandon your holiday due to sickness.

For a free evaluation about the circumstances of your case and how much you may be entitled to claim, speak to our experienced travel claims team today.

What’s the process of making a holiday illness claim?

To begin a holiday illness compensation claim, contact our team for free and impartial legal advice. Our travel litigation solicitors will assess the circumstances of your claim to check your eligibility, helping you decide whether or not to bring a holiday illness claim.

If we accept your case, our solicitors will begin their investigations to find out what happened and who was responsible. We’ll also arrange for an independent medical examiner to assess your illness, helping to calculate a compensation sum that reflects your illness and loss.

When we’ve built your case, we’ll present it to the opposing party, who can choose to accept the compensation sum and settle the claim, negotiate the settlement amount, or contest the circumstances and evidence.

No matter what the other side chooses to do, our travel litigation team will ensure you receive complete support until your case reaches its conclusion.

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Paul McClorry

Head of Travel Litigation

Jane Woodcock

Senior Legal Executive and Head of Personal Injury

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