Holiday accident claims
Dealing with a personal injury can be traumatic at the best of times. When you’re travelling abroad and not quite sure what to do, it only makes matters the situation worse. If you’ve been involved in an accident while on holiday or working abroad, or you have suffered an avoidable illness overseas, you may be eligible to make a holiday accident claim. Contact Free Legal Justice today to receive free legal advice on the merits of your case. Our experienced holiday accident solicitors can offer specialist legal assistance to all those who have suffered or otherwise been affected by a holiday accident, whether your holiday accident and resultant injuries are serious or minor. We want to give every person access to the justice that they deserve – no matter how, why or where they sustained their personal injury.
What Should If I Am In A Holiday Accident?
Step 1: Seek Medical Attention
As with any personal injury, the first thing you should do when you suffer an accident abroad, or when you discover that you have severe signs of illness, is to seek medical attention. If the injury that you have suffered is very serious, you should call emergency services to the scene immediately. Make sure to keep a record of the attendance by ambulance services and any diagnosis received. If your injuries don’t appear urgent, be sure to attend a doctor as soon as possible to make sure, as sometimes symptoms can only arise at a later stage.
If you suffer a holiday accident while on holiday in the European Union, you will likely be able to receive healthcare for free or at a cheaper rate if you have a European Health Insurance Card. Please note that access to this benefit may change as a result of Brexit. At the moment, those individuals with a health card will receive treatment as if they were a national living in the country where they suffered the holiday accident. Unfortunately, this doesn’t mean that you should anticipate the same treatment as you would receive in the UK. Often you will have to pay for some part of your treatment. When going on holiday abroad, it is always advisable to also take out travel insurance because the health card does not always cover the entire treatment costs. The health card is also usually valid for only five years, and access to the card won’t pay for the cost of getting you back home early, if needed.
It is important to note that even if you have taken out travel insurance, usually you will need to pay for your treatment first and then claim the costs back later. This is also why it’s important to know what level of care your insurance policy entitles you to. If you suffer a serious holiday accident claim while abroad, your insurance company will most likely take care of the repatriation process to limit any hospital stays. Hopefully, you will never have to use medical facilities abroad. But if you are injured or involved in an accident, expect to pay the full cost of any medical treatment yourself and make sure you have savings in case of an emergency – even if you have insurance.
Step 2: Gather Evidence Of Your Holiday Accident
Once you have sought appropriate medical attention, it is important to take steps to help discover what happened, how it happened and why it happened. If you are able to do so, write down or email the details of your holiday accident in your own words. If possible, try to take photographs or videos of the scene of the incident and any other proof of damage caused or injury that you have suffered. If there were any other people around when the holiday accident happened, or someone else was involved in the accident, it is important to take these individuals’ contact details and names, in the event that you need to contact them in future.
Some other important details to keep in mind are:
- It is also crucial that you keep a record of the dates and diagnoses you received when you visited a doctor, clinic or hospital;
- keep a copy of the doctor’s independent medical report, including details of your injuries, as this will be used should you proceed with a holiday accident claim.
- Make a note of any days where you were forced to change plans because of your holiday injury;
- Keep any receipts for accident-related expenses, including medical expenses.
Step 3: Report The Holiday Accident
If you booked a package holiday, you should report your holiday accident to the package holiday organiser or their resort representative. In other cases, contact the organiser’s UK head office to report the incident. You should also need to inform the hotel or other accommodation provider about what happened and what injuries were suffered. If your holiday accident happened in a hotel or while on a tourist outing, or in the restaurant, you should make sure that you report the accident in an accident report book to ensure that the full details are recorded, and make sure to keep a copy of this book. If you have been involved in a car accident while on holiday, you should report the incident to the local police and keep reference details of all parties, emergency services and police dockets.
If you have taken out travel insurance, it is important to contact your travel insurance provider so that they can advise about your medical and legal status of your holiday accident claim. When you are at the scene of a holiday accident, be careful what you say during this time, as tensions can be high and something you may say at the time of the accident could affect your possible claim later on.
Step 4: Steps To Take When You’re Home
Sometimes the full impact of a holiday accident only becomes clear once a person has returned to home the UK. If you have suffered any holiday accident that has left you with decreased mobility and ability to perform daily tasks, this can completely affect your personal, emotional and financial life. A serious holiday accident can leave you unable to work and potentially facing a loss of earnings. Often you will have incurred, or will need to incur, additional expenses to try and manage your injuries and adjust your life to your new circumstances. In the most severe cases, you might need to make adaptations to your home as a result of the holiday accident’s impact.
If your holiday accident was caused by another person’s negligence, you may be able to claim compensation for the harm caused to you, as well as for the additional expenses and loss of earnings that you have incurred as a result of the injury. Don’t delay -get in touch with Free Legal Justice today to find out the merits of your holiday accident claim.
What Will I Need To Prove In A Holiday Accident Claims?
To be successful in your holiday claim, you must be able to prove that your injuries were caused by the negligent actions or behaviour of another party, such as the tour operator or hotel staff.
Perhaps your hotel or accommodation was in a bad state of repair or in a dangerous condition, or you were not sufficiently warned about the possible accident risks by the organiser of a particular event. If you are can prove that someone else’s actions, or lack of actions, caused your holiday accident, you could have the basis of a valid holiday accident claim. You will not be able to claim if the accident was completely your fault, but if more than one party is to blame for the holiday accident, you may be able to claim partial compensation based on shared liability. Naturally, your compensation award will be much less where you are deemed to be partially responsible for the injury.
Once you have returned home, it is a good idea to seek professional legal advice to assess whether or not you can make a holiday accident claim. These types of claims can become complicated as every country has its own rules and regulations governing personal injury cases. Different countries also have different time limits for making a claim. Our experienced claims team is well equipped toe able to advise you on the different aspects of your potential holiday accident claim in a free, no obligations consultation.
What is the process of making holiday accident claims?
The first step to starting your holiday accident claim is to speak to a legal professional about the facts of your case. When you speak to a personal injury expert from Free Legal Justice, be sure to have all the details of your holiday injury and holiday accident handy. The more details you can provide our team with the better- this will help us to determine whether on the facts of your case, you are eligible for a compensation claim.
If we advise you that you have a valid holiday accident claim, our personal injury claims team will start with their investigation and claims process. Your appointed solicitor will work closely with you to test your evidence and make sure that you have built a strong case against the liable party. As part of our investigation, the Free Legal Justice team may arrange for an expert medical examiner to provide an independent medical report of your injuries or the circumstances of an illness, with an aim of ascertaining what and who is to blame. If you need further medical treatment and support, we’ll look at your ongoing care and rehabilitation requirements to help us establish your entitlements.
How Much Are Holiday Accident Claims Worth?
As a final stage of the claims process, your holiday accident claims solicitor will calculate how much compensation we believe you are entitled to, based on the nature and severity of your injuries or illness. This will form general damages, while your financial losses, and your ongoing care requirements will form part of the special damages claimed. The final compensation sum will then be proposed to the defendant and the claim will be accepted, disputed or negotiated depending on the circumstances of the case and identity of the other party.
If the other party immediately admits blame for your holiday accident and the proposed compensation sum, your case will be settled and you’ll receive the compensation within a short space of time. If the other party argues the claim, Free Legal Justice will continue negotiations to try and resolve the claim outside of court. Finally, if negotiations fail and your claim does go to Court, our experienced holiday accident claims solicitors will ensure that your case is managed efficiently, you are fully supported throughout the process, and will do everything they can to ensure you get the maximum compensation you deserve.
How Long Do I Have To Make A Holiday Accident Claim?
The time period in which you can make your holiday accident claim can vary depending on which country you were in at the time of the incident. For personal injury that occurs in the UK, a person usually has up to three years from the date of the accident, or date of diagnosis of the injury or illness, to make a compensation claim. When you suffer a holiday injury abroad, the time periods could be different per jurisdiction and your period may be shorter or longer depending on which country governs your claim. Free Legal Justice will be able to advise you on the specific time period of your case once you have provided a member of our team with the facts of your individual case. To be safe, we would always recommend starting your holiday accident claim as soon as possible after the incident; so that we can help you get the financial compensation you deserve in the shortest possible time.
What Is My Holiday Accident Claim Worth?
Your legal right to compensation is grounded on getting you back to the place you were in before you suffered the injury. In personal injury claims generally, damages sums are calculated with reference to the seriousness of the injury suffered, and the type of assistance that the victim may need going forward to be able to live with their injuries. Free Legal Justice will also include a claim for out-of-pocket expenses that you have incurred as a result of the holiday injury.
Compensation claims include general and special damages. In summary, general damages refers to compensation for the physical injuries you have suffered, while special damages refers to compensation for additional expenses incurred due to the injury. A member of the Free Legal Justice team will go through your calculation of general and special damages with you in detail once you’ve agreed to make a holiday accident claim.
How Are Holiday Injury Claims Are Calculated?
If your holiday accident claim is brought in the UK, there are specific rules regarding the calculation of general damages for different types of injury and harm experienced. Your general damages claim will be evaluated by comparing your independent medical report with the sums given in the official Judicial Board Guidelines for the Assessment of General Damages in Personal Injury Cases. The compensation that you will receive at the conclusion of your case will be influenced by details such as how serious your injury is, and how long you may take to recover from your holiday accident or illness.
There are many classifications of injuries that can result in holiday accident claims. Some of the common holiday injuries that the Free Legal Justice team deals with are discussed below.
Head Injury Claims Abroad
Any injury to the head is a serious issue, because this means that the brain is also vulnerable to injury. The amount of compensation that you will be entitled to claim will depend on how serious the brain injury is. A person suffering from minor head injury, with no injury to the brain, may be entitled to claim compensation in the region of £3,000 to £6,000. If there is major damage to the head and the brain has also been affected, the compensation claim can be over £20,000. The most serious cases would be those where the victim of a holiday injury is left completely unresponsive and has suffered permanent severe brain damage. Severe head injuries like this could fetch compensation of over £200 000, and will be assessed on a case by case basis.
Upper Body Injury Claims Abroad
If you have suffered minor injuries to the upper body area in a holiday accident, including injury to your neck and shoulders, you may have a compensation claim in the amount of up to £6 000, depending on how serious the harm is that you have suffered. If you have suffered more serious upper body injuries, for example dislocation and fractures, you could have a claim of up to £29,000.The maximum compensation will be for severe, permanent injuries such as paraplegia, where the amount of compensation can be anything between £35,000 and £100,000.
Back Injury Claims Abroad
Back injuries are risky, painful and draining. If your back has been injured in an accident, you have a high risk of spinal damage and it is important to get a medical assessment to prevent any further complications. A back injury can result in decreased mobility, and in serious cases can even result in paralysis. A minor back injury claim could value around £9000, while severe permanent back injuries to nerve root or spinal cord can give compensation claim of up to £120,000.
Hands, Arms, and Wrist Injuries
It can be tricky to calculate the potential loss that a person suffers due to a wrist or hand injury. Less severe hand and wrist injuries can give compensation pay-outs of between £3,000 – £5,000, whereas a permanent injury or disability can stretch up to £30,000.
Lower Body Injuries
Injury to the lower body area includes any ankle injuries, knee injuries, hip and leg injuries. As with other forms of injuries, the amount that you can claim for lower body injuries will vary depending on the level of harm suffered. Generally though, compensation claims for minor lower body injuries can total up to £10,000. If you have suffered lower body injuries leading permanent disability, loss of limb, or consistent and permanent pain, your holiday accident claim could be worth £25,000.
Mental or Psychological Injuries
Again, the amount of compensation that you can claim for a mental injury will depend on the seriousness of the mental or psychological injuries you have suffered. If you have suffered psychological harm that is ruled as temporary, and things are expected to return to normal soon, your compensation claim can be anything between £4,000 and £10,000. Where mental and psychological injuries are more severe or permanent, the compensation claim can reach up to £50,000.
The amounts of compensation for various types of personal injuries mentioned above are not in any way fixed, and should only be used as a broad guideline for the potential value of personal compensation claims available to different holiday accident victims. Your own holiday accident claim will be assessed on an individual basis by one of our holiday accident claims experts in a free, confidential discussion, once you provide us with all the details of your case.
Special Damages In Holiday Accident Claims
Special damages forming part of your holiday accident claim include compensation for any additional expenses that you have had to incur as a result of your injury or illness. This is a broad category of damages, and can range from costs of counselling and therapy sessions, to loss of past and future income, to traveling expenses, supplementary childcare expenses, as well as nursing and household adaptations that you have made to adjust to life with your injuries. Free Legal Justice will be sure to explain to you which amounts will contribute to your special damages claim when we go through your holiday accident claim with you.
It is important to note that special damages can only be claimed if you are able to present some sort of proof of the expenses incurred. You need to show that you have already incurred these expenses, or will in future incur these expenses, for example by presenting receipts, reports, payslips and other documentation relevant to the damages. Our compensation claims team is available to consult 24 hours a day, 7 days a week, and is ready answer any questions you might have about the calculation of your general and special damages claim.
Speak To Us About Your No Win No Fee Abroad Accident Claims
If would like speak to the Free Legal Justice team about the holiday accident claims process, please get in touch now by filling out the online form or by calling us on 0800 567 7074. If you prefer to discuss the details of your case in person, one of our friendly compensation claims team will be able to conduct a home visit, so that you can discuss your holiday accident case freely from the comfort of your own home.
What Will It Cost To Make A Holiday Accident Claim?
Many potential claimants worry about the cost of legal advice when making their holiday accident claim. We have good news. At Free Legal Justice, the vast majority of cases we work on are taken on a No Win No Fee basis, so there is no financial risk to you.
A No Win No Fee agreement lets you continue with your holiday accident claim on the condition that if the claim is not successful, you won’t owe the Free Legal Justice team anything in legal fees. Put simply, it is a way for you to take the necessary legal steps to claim rightful compensation for your injury, without any financial risks weighing over your head. Our highly skilled solicitors are happy to offer No Win No Fee agreements to clients seeking rightful compensation for personal injuries, because they are extremely confident in their legal services and have a track record of successful claims behind them.
Our Abroad Holiday Injury Claims Solicitors Charge 25% Success Fee
Our personal injury solicitors charge an average success fee of 25% of the total compensation received for a successful claim. Your designated lawyer will make sure to discuss the success fee upfront, and this success fee will be agreed in writing between the parties before you make your holiday accident claim. If Free Legal Justice helps you to win your case, we will receive the success fee as payment for our services. Your experienced personal injury lawyer will be able to answer any questions that you might have regarding the success fee once you have agreed to continue with your holiday accident claim.
Why Choose A No Win No Fee Agreement With Free Legal Justice?
Free Legal Justice has an entire panel of specialised personal injury solicitors who resolve thousands of No Win No Fee claims every year. The dedicated Free Legal Justice team works around the clock – 24 hours a day, 7 days a week, to help our clients get justice for the harm they have suffered, and receive the maximum compensation that they deserve.
By working with Free Legal Justice on a No Win No Fee holiday accident claim, we promise that:
- You will receive free legal advice from one of our expert solicitors as to how best to proceed with your holiday accident claim;
- A member of the Free Legal Justice Team will be available to speak to you 24 hours a day, 7 days a week, to help you with any questions that you might have regarding your holiday accident claim;
- We can conduct consultations from the comfort of your home;
- If you are unsuccessful in your claim, we will not charge you any legal fees for the work that we have done on your case;
- You won’t pay a thing from your own pocket;
- We will help you to recover the maximum amount of compensation in the shortest possible time; and
- We will manage your case efficiently, keep you updated on its progress, and will try to make the entire compensation claim process as stress-free as possible for you.
Contact Our Holiday Accident Claims Solicitors Today
Contact Free Legal Justice at any time of day, on any day of the week, by filling out the short online form and waiting for us to call you back for free, or by calling one of our friendly claims handlers on 0800 567 7074. If you would like to discuss your case from the comfort of your own home, please request a complimentary home visit from one of our friendly accident claims handlers, so that we can start your claim without delay.