Every year, hundreds of thousands of British families go on holiday within the UK or abroad. The majority of these holidays may be incident-free, but unfortunately, accidents happen anywhere and you or your family member might still get injured even on holiday. If you know someone who got injured or if you personally sustained injuries as a result of an accident, be informed that you may be entitled to make a compensation claim.
In this post, we’ve gathered all the steps to take to claim for an accident you’ve had on holiday abroad.
Holiday Accident Claims
Making a claim for accidents you’ve had abroad can be more difficult than other types of claims. There can be a lot of people and organisations to deal with (especially in the first few weeks). Typically, claims will be made in the country where the accident took place and are subject to the law of that country.
This may affect the rights or compensation amount, so you will need to seek legal advice from a solicitor specialising in these cases. You have to do this as soon as possible as there are strict time limits on taking legal action to claim compensation for a personal injury.
What You Should Know About Time Limits
There are different time limits within which an individual must begin legal action in a personal injury claim. The time limit for personal injury cases as a result of third-party negligence is 3 years. Court proceedings must be issued within 3 years of the individual first being aware that they have suffered an injury.
Depending on the circumstances of the case, a court may decide to extend a time limit. With all of this said, legal advice from a solicitor should be sought urgently to claim compensation.
Different Types of Holiday Accidents
Every experience is unique, but below are some examples of holiday accident claims that solicitors may be able to help claim compensation for:
- Food poisoning from a buffet or hotel restaurant
- Illness caused by poor hotel hygiene
- Injuries as a result of driving a defective or substandard rental car
- Injuries sustained during a day excursion
- Injuries from sporting activities like skiing and water sports
- Injuries sustained on foreign public transport
- Slip, trip, or fall accidents as a result of wet flooring or misplaced objects
What Steps to Take
If you’ve sustained injuries from a road accident abroad that wasn’t your fault, the first thing you have to do is report the accident. In most countries, you can connect to the emergency services by dialling either 112 or 911. Before traveling abroad, it’s a good idea to research the local emergency number and save it in your phone’s contacts list.
After reporting the accident to relevant authorities, collect as much information as possible.
- Take photographs of the accident.
- Write down or sketch the scene of the accident.
- Gather the contact information of witnesses.
- Note any injuries sustained.
- Collect any information about medical treatment received since the injury.
Costs of Medical Treatment and Legal Action
Legal actions for personal injury compensation claims can be expensive. It is possible to get help with legal costs from a conditional fee agreement or an insurance policy. Many insurance policies have legal expenses cover attached, and you may be able to claim compensation for:
- Injury, pain, and discomfort;
- Loss of enjoyment;
- Loss of earnings;
- Medical expenses; and
- Transport costs
In some cases, an injured person can get the cost of their holiday back. For medical treatments, you will normally be expected to pay for minor claims if you have travel insurance. You’ll be expected to pay £50 to a local doctor for consultation and treatment.
You can claim the money when you get back to the UK. If you’re hospitalised, expect the insurer’s assistance company to come in and deal with the medical bills. If you have an EHIC, you may have to pay for your treatment and then claim the money back in the UK.
Check the rules on the NHS choices website as they may be different in each EU country. If you’re entitled to get the money back, you should try and make a claim while you’re still abroad. Remember to keep all receipts and paperwork to process your claim.
Choose a Solicitor
To take legal action over a personal injury as a result of third-party negligence, you should consult a solicitor who is a member of the Law Society’s clinical negligence accreditation scheme or personal injury accreditation scheme. Solicitors with extensive industry experience are familiar with the regulations and bodies set up to help people get the compensation they need after an accident.
Depending on the nature of the case, these solicitors can help anyone make a holiday claim compensation for personal injury.
Make a Holiday Compensation Claim with Haymans Solicitors
We understand that nobody expects to be injured while they’re on holiday. If you’ve had an accident that wasn’t your fault, we at Haymans Solicitors in Leeds can help. We take pride in our expertise in all types of personal injury and crime and civil litigation. Contact our legal team if you’re looking to start a claim or find out if you have a case.