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USA Holiday Compensation Guide

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Making a claim for an accident or illness in USA

There’s so much to see and do in the USA, it’s easy to see why so many tourists return year after year. Unfortunately, some holidaymakers suffer accidents and illnesses while they’re away, causing them to seek expensive medical treatment or return home early. In some severe cases, their injuries or illnesses have lasting consequences that change their lives.

The USA is perhaps the world’s top holiday destination, purely for the sheer variety that tourists can experience. From the sun-kissed shores of California to the urban jungle of New York, via the theme parks of Florida, the glamour of Las Vegas and the historical heritage of Washington DC – there truly is something for everyone.

For adrenaline-loving Brits, America’s sensational slopes and lack of language barrier mean that it is fast over-taking traditional European ski resorts as the place to be. But for some, the American dream can come to a grinding halt. Uneven icy surfaces, slippery floors not being adequately signposted, loose railings or faulty equipment, or even poor food hygiene in the hotel restaurant can all cause injuries and illnesses.

These are bad enough at the best of times, but when you are on holiday abroad, they can be doubly distressing. Seeking medical treatment abroad can be costly, especially if you are too badly injured to travel back home or if you need to take extra time off work to recover. Being ill abroad in unfamiliar circumstances can also feel overwhelmingly stressful.

If you have been the victim of an accident or suffered an injury that wasn’t your fault while on a winter holiday in the USA, our team of expert personal injury solicitors is ready to help you claim the compensation you deserve.

With over thirty years of experience in personal injury claims, we are experts in our field. We boast a 95% success rate and have recovered over £200,000,000 for our clients in the last ten years alone, so we’re confident that we have the skills to secure the compensation you deserve.  What’s more, we take care of everything for you so your claim is fast and hassle-free.

Our no-win, no-fee guarantee means there are no upfront fees to pay, so even if you’re still paying off medical bills or additional travel expenses from your holiday, you won’t need to worry about finding any extra money to pursue your claim.

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Our expert team will call you...

Our holiday illness team have years of experience pursuing claims on behalf of disappointed holidaymakers.

Our USA holiday claims expert team.

At Your Legal Friend, our experienced holiday sickness solicitors will review your case for holiday illness compensation and take you step by step through the process of pursuing your holiday sickness claim.

If you’d like advice as to whether you might be able to pursue a holiday illness claim, either call our freephone number or submit your details through the form on this page and we’ll be in touch to schedule a phone call at a time that’s convenient for you. If you decide that you’d like to start a claim, one of our lawyers will be able to tell you whether you can enter into a No Win, No Fee agreement*. A ‘No Win, No Fee’ agreement means that in the event your claim is unsuccessful, and you have co-operated fully with us throughout, you won’t have to pay any legal costs, so there’s no financial risk to you.

Talk to us today

For an informal, confidential chat with one of our specialist medical negligence solicitors, call us now on 0151 550 5228(calls free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.

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Request a callback that suits you

When would you like us to call?

There are many people injured in accidents each year through no fault of their own and the circumstances will be different in each instance. Our team has extensive experience of successfully managing a wide range of personal injury claims, so we can help you secure the maximum compensation you deserve.

Alison Saul

Director of Personal Injury

What our customers say

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“I found the staff to be friendly, helpful, courteous and they kept me well informed on a regular basis”

Mrs. Vora,
Loughborough

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“They acted in a sympathetic and professional manner and resolved my case very efficiently”

Mr Dowse
Leeds

  For a confidential chat, call one of our experts today 0151 550 5228

10 simple steps to claim

Step
1
Obtaining a full description of your accident or illness
Step
2
Obtaining your medical records
Step
3
Contacting the company responsible for your accident or illness
Step
4
Arranging your medical assessment
Step
5
Collating details of your financial loss
Step
86
Negotiating the maximum settlement possibleProviding you with our valuation of your losses
Step
7
Sending your valuation to the other party's insurer
Step
68
Providing you with our valuation of your lossesNegotiating the maximum settlement possible
Step
9
Issuing Court proceedings
Step
10
Sending you your compensation payment

Your questions... answered

What are some of the most common illnesses and injuries that affect tourists in the USA?

Health and safety in America is generally top notch but injuries and accidents occur all the same. Here are few things to watch out for:

Food poisoning and travel bugs

Even in the US, it is still possible to get food poisoning due to improper food preparation or unclean food prep areas. Although it is perhaps less a risk than in some other countries such as those of the Caribbean, gastrointestinal illness spread by lack of hygiene by the public and other tourists can be a problem.

Skiing accidents and extreme sports

If you’re planning an adventure in one of the many national parks such as climbing, skiing, or water sports, there is a potential for disaster ranging from cuts and bruises to broken bones.

Theme Parks

Las Vegas and Orlando pull in some of the biggest tourist figures in the States. Thrill seekers and families alike board some of the biggest, fastest and scariest heart stopping rides available. Big theme parks are not without their dangers too including but not limited to mechanical failures and human error.

Trips, slips and falls

Wet floors, hotel moving doors, lifts, escalators, stairs, uneven pavements, the list is endless. Whatever the reason for the accident, slips, trips and falls are very common and could result in medical attention or hospitalisation being required.

Traffic accidents

The National Safety Council in the US calculated that nearly 38,000 motor-vehicle accidents took place in 2015. It is no surprise to learn that reckless behaviour and drink driving is the cause of the majority of traffic accidents and pedestrian deaths each year. Unfortunately tourists unused to the sheer volume of traffic, the number of traffic lanes and unfamiliar with left hand drive are included in these statistics. 

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What you can claim for?

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.

This Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation

Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

If you are harmed while using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to make a claim for compensation.

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

  • On a pre-booked excursion bought in the UK, or
  • During a holiday service provided as part of your package bought in the UK.

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.
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Health and safety in America is generally top notch but injuries and accidents occur all the same. Here are few things to watch out for:

Food poisoning and travel bugs

Even in the US, it is still possible to get food poisoning due to improper food preparation or unclean food prep areas. Although it is perhaps less a risk than in some other countries such as those of the Caribbean, gastrointestinal illness spread by lack of hygiene by the public and other tourists can be a problem.

Skiing accidents and extreme sports

If you’re planning an adventure in one of the many national parks such as climbing, skiing, or water sports, there is a potential for disaster ranging from cuts and bruises to broken bones.

Theme Parks

Las Vegas and Orlando pull in some of the biggest tourist figures in the States. Thrill seekers and families alike board some of the biggest, fastest and scariest heart stopping rides available. Big theme parks are not without their dangers too including but not limited to mechanical failures and human error.

Trips, slips and falls

Wet floors, hotel moving doors, lifts, escalators, stairs, uneven pavements, the list is endless. Whatever the reason for the accident, slips, trips and falls are very common and could result in medical attention or hospitalisation being required.

Traffic accidents

The National Safety Council in the US calculated that nearly 38,000 motor-vehicle accidents took place in 2015. It is no surprise to learn that reckless behaviour and drink driving is the cause of the majority of traffic accidents and pedestrian deaths each year. Unfortunately tourists unused to the sheer volume of traffic, the number of traffic lanes and unfamiliar with left hand drive are included in these statistics. 

Read less

Compensation for accidents and illnesses abroad can only be claimed for package holidays, most of which are covered by the Package Travel Regulations 1992. Under Regulation 2(1), hotel owners and tour operators have a ‘duty of care’ towards the health and safety of you, your family and anyone else in your party.

This Regulation states that a package must include the pre-arranged combination of at least two of the following components:

  • Transport
  • Accommodation

Other tourist services that are additional to transport or accommodation, and which account for a significant proportion of the package.  This can include pre-booked excursions.

If you are harmed while using any facilities promoted or controlled by your tour operator as part of your package, you could have grounds to make a claim for compensation.

Your package holiday organiser can be held responsible if you suffered an injury caused by an accident or illness that happened anywhere on hotel property. They can also be held responsible if an accident takes place or your illness is caused either:

  • On a pre-booked excursion bought in the UK, or
  • During a holiday service provided as part of your package bought in the UK.

However, your package holiday organiser is unlikely to be held responsible if:

  • Your accident or illness happened during an excursion booked at the hotel or resort, which was not included in your pre-booked package bought in the UK.
  • An accident happened away from your hotel – unless it was during an excursion you bought in the UK as part of your package.
  • You tripped on a badly maintained pavement in the local town centre.
  • The accident was your fault, i.e. you broke the safety rules
  • Your illness was caused by eating at a local restaurant that was not included as part of your package holiday.
Read less

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