How much can you claim?
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Unfortunately, a dream getaway can soon turn into a nightmare if you are injured overseas. Anything from falling down stairs to slipping on a wet surface could ruin what was supposed to be a stress-free holiday.
Having an accident abroad can be very distressing due to language barriers, the unfamiliar healthcare systems abroad, the impact on your finances, and the disappointment of a ruined holiday.
Making a holiday accident claim can be a difficult process that demands specialist legal expertise. Our specialist solicitors have vast expertise in all types of accidents abroad, including those in hotels, at sea and on board aircraft. So if you’ve been injured through no fault of your own, we’re confident that we have the expertise to secure the holiday accident compensation you deserve.
Due to the Limitation Act 1980, section 11, you have a time limit of three years to start your holiday accident claim. The three years begin on your ‘date of knowledge’. This is the date when you became aware that the defendant was at fault for your accident abroad. Trying to bring a holiday injury claim after your three year limit has passed will result in your case being considered ‘statute barred’ or ‘out of time’. Despite having three years, we recommend pursuing your claim as soon as possible as documents will be more readily available and the details of the incident will be fresh in your mind.
One of our expert accident abroad solicitors will be able to assess your case, looking at the details of the accident and the effect your injuries have had. They may need to request copies of your medical records with your permission. However, the first step is to contact us for a free over-the-phone consultation with one of our friendly advisors.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Left to right:
Iain is an Assistant Fee Earner with the travel team and has 9 years’ experience in litigation dealing with all aspects of the claims process. Iain enjoys listening to music and travelling.
Kathryn, also a qualified Solicitor, specialises in accidents at work, public liability and accidents abroad. Kathryn deals with a wide variety of cases, often including accidents that involve serious, complex injuries.
Anita began working with us as a Paralegal in 2010 and, after securing a training contract, qualified as a Solicitor in February 2015. She manages a mixed case load, including holiday injury cases. She is also a married Mum to 3 girls (18, 13 and 6) and they are her hobby!
Alison Saul, Director of Personal Injury leads our Personal Injury, Road Accident and Holiday Accident teams. A fully qualified Solicitor with over 15 years of experience and expertise, Alison is dedicated to achieving the highest levels of compensation for her clients as well as ensuring high quality client care.
Marta began working with us in 2012 as a Paralegal. She deals with RTA and accident abroad cases for both English and Polish speaking clients. Outside of work, Marta enjoys yoga, socialising and going to the movies.
Lee is a Fee Earner Manager, with 20 years’ experience in PI litigation. He runs both Holiday Injury and RTA cases, and has teams who deal with Polish Speaking Clients for both also. He’s a father of one who loves to travel, last year he completed the Marathon Des Sables a 230k race across the Sahara desert.
Michelle has worked with us as a Legal Assistant since 2011. Outside of work she enjoys spending time with her 5 year old son.
Our team has extensive experience of successfully managing a wide range of holiday accident claims, so we can help you secure the maximum compensation you deserve.
Director of Personal Injury
Pay nothing if you lose your case, get maximum compensation if you win.
We always seek maximum compensation for your accident abroad. If your case is unsuccessful, we won’t charge you any fees. This is our guarantee for all standard holiday accident claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. If you win, you will only pay your insurance premium and the success fee. This will never be more than 25% of the amount you win.
It’s difficult to say how much compensation you could be awarded because cases can be complex and each one is different. Our solicitors may be able to give you an estimate of much your case is worth after seeing all the evidence.
If you make a claim for minor injuries, you would likely be awarded between £700 and £3,000 in compensation. If you are claiming for moderate severity injuries, you could expect up to £7,000. For major injuries, you could be looking at up to £40,000 in holiday injury compensation.
For example, a 62 year old woman was awarded £4,810 in compensation after exacerbating her chronic lower back pain. The claimant slipped on a wet marble floor in a hotel she was staying at as part of a package holiday.
If you are unlucky enough to suffer an accident on your holiday abroad, there are some important steps you should follow:
Following your initial consultation, our solicitors may need to ask your GP or hospital for copies of your medical records, with your permission. Once all the evidence is available, we will inform the defendant that you intend to make a claim for an injury you suffered abroad. We may need to arrange an independent medical examination to determine the extent of your injuries but you are unlikely to have to attend a court hearing. In most cases, the claim won’t need to go to court as an agreement on a fair settlement is usually reached with the defendant before this stage.
To find out more about our holiday accident claims process, see our 10 simple steps.
Yes, if you’ve sustained an injury on a package holiday abroad, you could be entitled to compensation.
In order for your claim to be successful, the following must be true of your case:
To be eligible for compensation, your accident must have occurred at your hotel complex or during an excursion that was provided as part of the package holiday. You would not be able to make a claim for an accident that happened on public property, such as tripping on uneven pavement outside of the hotel complex.
The hotel or travel operator staff must also be at fault for your accident or injury because this means they have breached their duty of care that they owe to you according to the Package Travel Regulations 1992. Your claim won’t be successful if you are deemed to be at fault, such as if you broke the hotel’s pool safety rules. If you were drunk when you suffered an injury, this could damage your case.
When making an injury on holiday claim, loss of enjoyment is just one of several factors that our solicitors will consider when calculating the value of your case. You will not be able to make a claim for loss of enjoyment alone.
The amount of damages you are entitled to for loss of enjoyment of your holiday due to your injuries is difficult to value. It is usually calculated by using a daily rate for each day your holiday was affected following your accident.
For example, a woman who had the enjoyment of her holiday ruined when there was no hire car available for her and her villa’s pool was out of use. She was awarded £1,000 in compensation for loss of enjoyment.
If you are involved in a road accident abroad in the EU, you will likely be covered by EU law and therefore be able to make a claim if the collision was not your fault. EU insurers must appoint British representatives in this situation.
Taking photos of the scene of the collision, damage caused and any injuries will help your case if you decide to make a claim when the dust has settled. Collecting contact information from any witnesses is also a good idea.
You can find out more about road traffic accident claims abroad here.
Besides holiday car accidents, the most common causes of injury for British holidaymakers are accidents on organised excursions, trips, slips and falls, and swimming and sports accidents. Seemingly harmless holiday activities can easily become dangerous when hotel or travel operator staff are negligent in their duty to keep you and your family safe.
Holiday injury claims against travel operators have increased as much as 500% since 2013. In recent years, this has gained a lot of media attention with many blaming false claims for this significant increase. At Your Legal Friend, we have a thorough vetting process for each case which ensures we only represent genuine claimants who are rightfully entitled to accident abroad compensation.
A recent study carried out by the Post Office Travel Insurance estimated that 4.4 million people have suffered injuries abroad in the last three years alone; that’s almost 1.5 million each year. These accidents were predicted to have cost holidaymakers a staggering £1 billion in treatment and lost earnings.
The study also found that one in 20 British travelers was injured in a hotel or swimming pool. Common hotel accidents include slips by the pool, falling on stairs, cuts from broken glass and diving or swimming injuries.
The three countries with the largest number of holiday injuries are Spain, Turkey and Greece. These countries are very popular with British tourists due to their hot summer climate and affordable package holidays. Holiday resorts in these countries are known to be popular with young people for their busy nightlife, which often leads to a larger number of injuries.
If your package holiday was booked through an accredited travel operator, you will be protected by the Package Travel Regulations 1992. This set of regulations hold UK operators to standards and protect your rights. They mean that the travel operator is responsible for ensuring the hotel and any other services included as part of your package are of a sufficient standard to keep you and your party safe.
For example, if you sustained an injury in a hotel that was caused by damaged flooring, the hotel staff could be seen as negligent and in breach of their duty of care to you. This could potentially be grounds for a holiday accident claim under the Package Travel Regulations.