Serious Injury Abroad Claims FAQs

Who can make a serious injury abroad claim?

If you’ve suffered serious injuries in an accident abroad, you could be eligible to claim compensation where the fault rests with someone else.

Our experienced travel litigation team work alongside foreign law experts in countries throughout the world, helping clients bring legal action after suffering serious injuries overseas.

We can help you claim compensation for injuries sustained in a range of circumstances, including:

  • Road traffic accidents
  • Slips, trips and falls
  • Accidents at work abroad
  • Accidents at sea
  • Accidents on airplanes and helicopters
  • Skiing and winter sports injuries
  • Medical negligence
  • Terrorist incidents

The type of injuries we class as serious include:

  • Brain and head injuries
  • Spinal injuries
  • Serious neck injuries
  • Paralysis
  • Amputations
  • Serious burns
  • Serious cases of clinical negligence
  • Fatal accidents

Our solicitors can check your claims eligibility as part of a no obligation consultation about your circumstances. Call us today for free and impartial advice about your case.

How long do I have to make a claim?

The time period in which you can make a claim will vary depending on the type of accident and where you were when the accident occurred.

If you sustained serious injuries in England and Wales, you normally have three years from the date of the accident to bring a compensation claim. However, this will not be the case if your accident took place 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 accident.

Our experienced travel litigation team can advise on the claims process for countries in the EU and around the world. We’d always recommend seeking legal advice at your earliest opportunity following a serious injury sustained abroad.

Who can I make a claim against?

When you’ve suffered serious injuries in an accident abroad, our solicitors can help hold those responsible to account for your pain, trauma and suffering, ensuring you receive the rehabilitation and compensation you’re entitled to.

You can make a claim against an individual or an organisation when there’s evidence to show they’re responsible for your injuries.

This includes:

  • Drivers and their insurers – Where you were involved in a serious road traffic accident you can bring a claim against the responsible driver and their motor insurer.
  • Employers — Where your accident took place at work.
  • Tour operators — Where the accident took place as part of a package holiday, you can bring a claim against the tour operator for failings in their duty of care to you.
  • Hotel staff — or the hotel management and their insurer, for breaches of health and safety standards.
  • Airplane, boat and cruise ship operators — If you’ve suffered serious injury on a plane, helicopter, cruise ship or boat, you can make a claim against the airline/cruise operator.
  • Sport or activity instructors — When poor instruction has resulted in a serious injury during sport, you can bring a claim against the instructor/coach or their employer and insurer.

Depending on the circumstances of your accident, there may be other parties you can make a claim against. Talk to our travel litigation solicitors today for an impartial consultation about your circumstances and we’ll help you decide who to make a serious injury abroad claim against.

How much compensation can I expect to receive?

Our travel litigation solicitors take several things into account when assessing the value of your serious injury claim, and will always make sure you’re comfortable with the proposed sum before submitting it to those responsible.

To calculate the potential value of your serious injury abroad claim we’ll assess the following:

  • The severity of your physical injuries – assessed by independent medical experts.
  • The psychological trauma of the accident.
  • Your past and future loss of earnings.
  • Your care, medical and case management needs.
  • Any mobility aids or home modifications you require.
  • All other financial losses, including any overseas medical expenses and the cost of your holiday.

The amount of compensation you receive for your injuries will vary depending on where you were at the time of the accident. Our experienced solicitors will be honest and realistic when advising on the value of  your serious injury claim.

What happens when I make a serious injury abroad claim?

When you contact us to make a claim after a serious injury abroad, we’ll offer a free and impartial consultation to assess your circumstances and advise you on the way forward.

After we’ve accepted your claim, we’ll begin our investigation, working with a network of foreign law experts to establish the circumstances of your accident and injuries, and who was to blame. As part of our investigation, we’ll also enlist the help of independent medical experts to assess the severity of your injuries and your long-term medical and care requirements; this will help us to advise you as to an accurate and appropriate valuation of your claim.

Once we’ve built our case and agreed a valuation with you, we’ll submit details of your claim to the opposing party. They can choose to agree the value of your case, negotiate a different compensation amount or contest your claim.

If the responsible party agrees to the settlement amount, you’ll receive your compensation and your case will conclude. If they contest the case, we’ll negotiate on your behalf to try and achieve amicable settlement. If both sides fail to reach an agreement, our case may go to trial.

In the unlikely event that your case does go to trial, we’ll be there to provide full and complete support every step of the way. We’d like to reiterate, however, that most cases are settled out of court, so it’s unlikely that you’d ever be expected to attend court yourself.

If you have any further queries on our claims process or your claim generally, contact our experienced travel litigation team today for expert legal advice and support.

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Paul McClorry

Head of Travel Litigation

Jane Woodcock

Senior Legal Executive and Head of Personal Injury

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