Make an accident abroad claim
Falling ill or having an accident while on holiday or working abroad can be an awful time. It can be even more traumatic where you are unable to communicate properly due to a language barrier and have the added concern about the potential costs of treatment in a foreign country.
In certain circumstances, you may be able to make a claim for an accident via your tour operator, where your injury or illness is due to the negligence of staff at your resort. This is a complex area of law but at Jordans, we are experts in making accident and holiday illness claims against tour operators in circumstances involving package holidays.
We can advise and assist you through the difficulties of making a claim for an incident which occurs.
When can I make a claim for an accident or illness suffered whilst abroad claim?
If you or a family member have had an accident abroad or suffered an illness due to the negligence of someone else, you may be able to claim compensation. Injuries that can be suffered in Accidents abroad can be physical or psychological and can include illnesses involving food or carbon monoxide poisoning.
You can make a claim for being ill on holiday or getting injured in an accident under English and Welsh law where your holiday was booked as a package. What is and is not deemed to be a package holiday is explained in the Package Holiday and Travel Regulations.
- Skiing and sports injuries
- Road traffic accidents
- Workplace accidents
- Slips, trips and falls
- Accidents at sea
What about holiday illness claims?
You can often claim for being ill on holiday if you become sick due to the negligence of another party (hotel staff, tour operators, restaurant owners – for example). Compensation for being ill on holiday can be used to cover the costs of medical bills in the country but to also compensate you for time lost from your holiday due to sickness.
Holiday illness compensation can be awarded for successful claims relating to various illnesses experienced overseas, including:
- Food poisoning
- Bacterial infections
- Legionnaires’ disease
How long do I have to make accident abroad claims?
Limitation periods in accidents abroad are very complex. Where a claim is made under the Package Holiday & Travel Regulations because an injury or an illness has occurred as part of an intrinsic part of your pack holiday then a claim can be brought under the law in England and Wales and has a standard three year limitation period. However, should your accident occur as a result of part of your holiday which was not related to the package that was booked or, if you did not book a package, then the timescales can be significantly shorter than the three years allowed under English and Welsh law for personal injury claims. It is therefore important that if you wish to seek legal advice for injuries suffered as a result of an accident abroad claims advice that you do so promptly.
How much holiday accident compensation will I receive?
There are no rules or limits regarding the amount of compensation for being ill on holiday or having an accident abroad. The amount that you will receive will depend on various factors including:
- The complexity and extent of your injuries
- The length of your recovery
- Medical care and treatment costs
- Loss of earnings
Speak to one of our expert personal injury lawyers who will be able to explain to you the process of making a claim and how compensation is calculated.
Contact Jordans to make holiday illness and accident abroad claims
The Jordans accident and personal injury team is headed by Gemma Hicks head of personal injury and medical negligence. Her team of specialist personal injury lawyers are committed to excellence and achieving the best possible outcome for you and your family regarding accident abroad claims.
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