No Win, No FeeAnyone who pays to go on holiday expects to have a nice time and get the holiday they’ve paid for. While that happens in most cases, some holidays are ruined because someone in their party suffers an injury or is made ill. While some might write this off as ‘one of those things’, it’s important to realise that you could be entitled to start a holiday accident claim for any suffering caused by someone else’s negligence.
If you’ve been injured whilst on a package holiday, on a cruise, on a plane or while staying in the UK, our team will begin by reviewing the circumstances with you. During your free initial consultation, they’ll provide legal advice and explain your chances of being compensated. If there’s a reasonable chance of winning a holiday accident claim, you could be referred to a personal injury solicitor from our panel. Should they decide to represent you, they’ll do so on a No Win, No Fee basis so you’ll not have to pay anything upfront.
Would you like to talk to us about claiming compensation for an accident on holiday right away? If so, please call us on 0800 652 1345. Alternatively, for further information on the options available to you, please carry on reading.
Am I Entitled to Compensation for an Accident on Holiday?
When solicitors are asked to look at a potential compensation claim for an accident on holiday, they’ll usually assess whether:
- You are claiming against a party that owed you a duty of care.
- Because of a breach of this duty, an accident on holiday occurred.
- You sustained an injury from the accident.
A duty of care can be established in several ways. For instance, the Package Travel and Linked Travel Arrangements 2018 regulations mean that a package holiday provider must make sure all aspects of your holiday are as safe as reasonably possible.
Similarly, when holidaying in the UK, a hotel operator may have a duty of care to keep you as safe as possible because of the Occupiers’ Liability Act 1957. If you call to discuss your holiday accident claim with us, we’ll check whether a duty of care existed when reviewing your case.
What are Package Holidays?
If you’re injured on a package holiday sold by a UK holiday company, your claim could be made against them rather than the hotel (for instance) where the accident happened. This means UK laws will apply even if your accident on holiday happened abroad.
A package holiday is:
- A holiday that lasted more than 24 hours or included overnight accommodation. Additionally, you must have purchased at least two of the elements listed below from the same retailer:
The deal can be classed as a package holiday if the holiday company:
- Charged a single price for the whole holiday package.
- Allowed you to arrange several services before you agree to purchase them.
- Advertise the holiday in terms of a package or similar term.
- Sold you one part of the holiday then passed you to another to purchase the rest of your holiday within 24 hours.
If you book a holiday in separate parts from several retailers, this will not constitute a package holiday. In this instance, if you’re injured on holiday, your claim would need to be against the individual service provider meaning UK laws will not apply if the accident happened abroad.
Common Examples of Holiday Accident Claims
Accidents can happen on holiday for a variety of reasons, and if negligence played a part, you may be entitled to compensation. Some common examples of holiday accident claims include:
- Defective furniture injuries: If a faulty or damaged chair collapses when you sit on it, leading to an injury.
- Slips and trips: Slipping on an excessively wet floor in the hotel foyer due to bad weather, with no warning signs in place.
- Food poisoning: Suffering food poisoning at a hotel, restaurant, or bar due to poor hygiene standards.
- Falls from height: Falling from a balcony due to loose or missing safety railings.
- Insect or bed bug bites: Severe reactions due to unsanitary hotel conditions or a failure to properly maintain guest rooms.
- Road traffic accidents: Crashing a hire car due to mechanical faults, such as brake failure, caused by poor maintenance.
- Swimming pool incidents: Slipping on wet poolside surfaces with no warning signs, poorly maintained swimming pool facilities, or lack of lifeguards leading to injuries.
- Excursion and activity accidents: Being injured during an excursion or sporting activity because of inadequate training, supervision, or safety equipment.
- Airport accidents: Injuries at airports caused by baggage carousel malfunctions, falls from poorly maintained airport seating, or slips on wet floors.
If you’ve been injured on holiday due to negligence and would like to claim compensation, why not call to see if we could help?
What Types of Holiday Injuries Can I Claim For?
Numerous types of injuries could lead to a holiday accident compensation claim. Some of the most common include:
If you’ve sustained an injury on holiday and believe it was due to negligence, we could help you claim compensation.
What Evidence Do I Need for a Holiday Accident Compensation Claim?
If you are hurt or made ill while on holiday, you must supply proof to demonstrate what injuries or illness you’ve suffered and who is to blame. To do this you might use the following:
- Proof of bookings and receipts: Documents confirming your stay, excursion, or activity where you were injured on holiday.
- Incident reports: You should report any accident or injury on holiday to the relevant party, such as hotel staff, your holiday rep, or local authorities. A copy of your accident report can help prevent the responsible party from denying the incident occurred.
- Medical proof: You should always seek professional medical advice if you’re injured on holiday. It’s worth checking with your holiday insurance provider where you should go if you’re abroad. Later on, you could ask for a copy of the medical notes to help show what injuries you were treated for.
- Witness details: If possible, you should collect the contact details of anyone who saw you get injured on holiday. They might be contacted later on if your solicitor needs to try and prove liability for the accident.
- Camera footage: If your accident was recorded on CCTV cameras try to secure a copy of the footage. In the UK and Europe, data protection laws allow you to request recordings of yourself in a Subject Access Request (SAR). In other parts of the world, the process may differ.
- Photographic proof: It’s always good to take pictures at the scene of an accident you’ve been injured in. Ideally, you should take pictures from various angles before anything is removed from the scene.
Crucially, you’ll need to inform your holiday rep or provider if you’re injured whilst on a package holiday. This is to allow them to do all they can to try and resolve the matter while you’re still on holiday.
What Is the Time Limit to Make a Holiday Accident Claim?
It’s important to note that various time limits apply if you’re injured on holiday. If you’d like to check how long you have to claim, please get in touch. For now, though, please refer to the following list:
- Package holiday claims through a UK tour operator – 3 years.
- UK holiday clams – 3 years.
- Aeroplane injury claims – 2 years for international flights or 3 years for package holiday claims.
- Cruise ship claims – 2 years from the date of disembarkation.
- Injuries on holidays abroad that were booked independently – varies based on local legislation.
Our suggestion would be to begin your holiday injury claim as soon as possible. By doing so, your solicitor will have the time they need to collect evidence and arrange medical appointments before your claim is filed. If possible, they may also be able to request for the holiday company to pay for you to receive private medical treatment to aid your recovery.
How Much Compensation for an Accident on Holiday Can I Claim?
Any compensation paid for an accident on holiday must be fully justified with evidence and is designed to try and get you back to the same position you were in before the accident (or as close as possible). As such, when your solicitor calculates the amount of holiday accident compensation you should claim, they’ll factor in:
- How much pain and suffering you’ve endured.
- What impact the injuries have had on your holiday (loss of enjoyment).
- Whether your injuries have affected your family, your social life or your hobbies.
- Any care costs or medical expenses.
- Any additional travel expenses that have been caused by your injuries.
- If you need to pay for mobility aids or modify your home to help you cope with your injuries.
As you can see, there’s much to consider when filing a holiday accident claim so it’s important to get this part of the claims process right.
Can I Claim for Loss of Earnings Due to My Holiday Injury?
When you return from your holiday, you could claim for lost earnings if you cannot work as a result of your injuries or illness. This applies to all workers whether you’re full-time, part-time or self-employed.
You may be asked to provide wage slips, tax records, bank statements or other financial information to help your solicitor determine the level of lost income that can be recovered.
Will I Need a Solicitor to Claim Holiday Accident Compensation?
Having a solicitor on your side is something you should consider (although you can claim without one) because their legal training and experience can make the claims process much easier.
Additionally, a personal injury solicitor can often help to secure a higher compensation amount because they’ll know what you can and cannot include in your claim and won’t simply accept the first offer made.
Our solicitors provide a No Win, No Fee service for all holiday accident claims they take on. As such, you won’t pay for any work in advance and you won’t pay them if your claim is lost. However, if your accident on holiday claim is successful, they’ll deduct up to 25% of your compensation as a success fee to cover their work.
If you would like to check whether you could be represented on a No Win, No Fee basis, please call today.
Holiday Accident Claims Frequently Asked Questions
Will I Need a Medical Assessment for My Compensation Claim?
If you do decide to make a holiday accident claim, a medical assessment will usually be required to show how you’ve suffered. This will be performed by a local (where possible) independent medical expert. They will assess your injuries, read any medical notes and discuss the implications of your injuries with you. Then they’ll prepare a report for your solicitor that will list your injuries and explain your prognosis.
How Long Does a Compensation Claim Typically Take to Settle?
The time it takes to settle a holiday accident claim depends on the specifics of the case. If liability is accepted quickly and evidence is readily available, compensation could be paid within 4 to 6 months. However, if the claim is more complex, evidence is harder to obtain, or the full extent of your injuries takes time to assess, the process could take over a year.
Start a Holiday Accident Compensation Claim Today
We hope we’ve explained when you could be compensated if you’re injured on holiday through no fault of your own. If you have now decided to pursue damages for your suffering and would like to work with us, you can get in touch via live chat or by calling 0800 652 1345.
During your free consultation, we’ll review the grounds for your claim and help you to decide whether to proceed with a claim. If your case appears to be suitable, we’ll appoint one of our personal injury lawyers to it. Should they agree to represent you, they’ll use their legal skills to try and secure as much compensation as possible for you.
You’ve reached the end of our guide on holiday accident claims, so please connect with us via live chat or request a claims consultation here if you have any further questions.
