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Holiday accident claims

Holiday Accident Claim

Holiday accidents, by definition, are accidents that take place on holiday, for example: getting food poisoning from your hotel’s restaurant or slipping on its grounds. However, in reality a holiday accident can take place before you have even left the country, for example, whilst boarding an airplane or boat.

What is the Law?

Following an accident on holiday the natural reaction is probably one of anger because it has ruined your holiday. Your mind is then likely to turn to getting further rest in order to recuperate. However, you could be entitled to compensation and should contact a holiday accident claim lawyer as soon as you return home. You are entitled to make a claim for compensation regardless of the type of holiday you have been on, although if you have purchased a package holiday then you have greater security as package holidays are covered by the Package Travel Regulations. This is because the tour operator is responsible for your package, including transportation, accommodation, catering and any extras activities such as excursions. Furthermore, under these regulations a compensation claim can be made in the UK for any holiday accidents abroad.

In order to bring a holiday accident claim you have to show negligence. That is, you have to prove that you were owed a duty of care and that a breach of that duty of care resulted in the accident. There must also have been some actually loss or injury suffered in order to make a successful claim. Establishing that there was a duty of care is not as difficult as airlines and tour operators all owe their customers a duty of care. What is more difficult to establish, particularly if the accident has impaired your ability to gather evidence whilst on holiday, is that there has been a breach of the duty resulting in loss.

What Should I Do?

After any holiday accident you should try and obtain as much evidence as possible. This includes taking photographs, noting the details of any witnesses and collecting as many supporting documents as possible including receipts, medical reports, police reports and anything else that you consider will be able to back up your claim.

Making a Claim

It is important that you speak to us before accepting any compensation from the negligent party (such as vouchers or money) as any acceptance may preclude you from brining a claim later on.

Starting a holiday accident claim is simple, however it is important that you contact us as soon as possible as any claim for compensation would have to be made within three years from the date of the accident (in the case of a claim against an airline or cruise operator this timescale may even be reduced to two years).

If we are able to take on your claim we will act on your behalf under a Conditional Fee Agreement (CFA), which means that if you are unsuccessful you will not have to pay any of your legal costs, whilst if you are successful your legal costs will be paid for by the negligent party, who will usually have insurance cover in place to pay out for such claims.

What Am I Entitled To?

In addition to your legal costs, if your claim is successful then you are entitled to claim the following as damages:

  • Compensation for you injuries
  • Compensation for the loss of enjoyment on your holiday
  • Medical Expenses
  • Present and Future Loss of Earnings
  • Any other expenses resulting from the accident

We will be able to calculate all the heads of loss on your behalf and will also arrange for your evidence to be put together, including arranging for any further medical examinations to be conducted such as physiotherapy, which will be paid for at the expense of the negligent party.

Contact us today to start your claim or to discuss with us how we can help.

Call us for free: 0800 015 5500