If you sustained an injury while abroad and someone else was responsible, you may be able to bring a claim in England or Wales. This depends on several factors - how the accident happened, whether you were involved in a road accident, where it occurred, who was at fault, and how the trip was booked. Understanding these factors is crucial when making an accident abroad claim.

JMW Solicitors has extensive experience handling personal injury claims involving cross-border incidents. We assess the facts, determine which laws apply, and advise on your options. If you’re considering a claim, it’s important to understand the time limits, what compensation you may be entitled to, and how the process works.

Can You Claim for an Accident That Happened Abroad?

Yes. You may be able to bring a claim in England or Wales even if the incident took place overseas. This is most often possible when:

• Your holiday was booked through a UK-based provider as part of a package.
• The party responsible is based in England or Wales.
• International rules allow jurisdiction in English or Welsh courts.

Each case will depend on the circumstances. Booking through a UK tour operator may allow you to claim under the Package Travel and Linked Travel Arrangements Regulations 2018, even if the accident took place outside the UK. An accident abroad compensation claim can be complex and time-consuming, depending on the severity of injuries and the legal intricacies of the country where the incident occurred. Seeking specialist legal advice promptly is crucial to navigate differing laws and ensure timely claims, especially when dealing with international jurisdictions.

Types of Accidents Abroad That May Lead to a Claim

Common claims include a car accident abroad, accidents in hotels or resorts, or injuries sustained during organised excursions or leisure activities. These may involve slips or trips caused by poor maintenance, faulty safety equipment, or failures by tour providers. Holiday accidents can encompass a wide variety of incidents, highlighting the importance of understanding the different types of claims and the necessary evidence for filing.

Accidents at airports or during international flights or cruises may also give rise to a claim - sometimes, these will be governed by international conventions such as the Montreal Convention (air) or Athens Convention (sea), which impose strict liability rules and specific time limits.

Seeking Medical Treatment Abroad

If you suffer an injury abroad, seek medical attention straight away. This helps ensure your injuries are properly treated and provides documentary evidence. Keep records of hospital visits, prescriptions, diagnostic reports and receipts. These can support your claim later. In some cases, you may need to deal with the insurance company of the at-fault party to cover your medical expenses.

If you were on a package holiday, the tour operator may assist you in locating medical help. Even if your injuries seem minor, early treatment and documentation are important. JMW can also seek to arrange rehabilitation and care support as part of your claim, including through interim payments where appropriate.

Medical Expenses and Care

If you’ve been injured in an accident abroad, you’ll likely need medical attention and care. Medical expenses can be high, especially in countries with private healthcare systems. If you have travel insurance, you may be able to claim back some of the costs of your medical treatment. However, if your accident was caused by someone else's negligence, you may be able to make a claim for compensation to cover your medical expenses and other losses. It’s essential to keep receipts and records of all your medical expenses, as these will be needed to support your holiday accident compensation claim. Proper documentation will not only help in substantiating your claim but also ensure that you are reimbursed for all the costs incurred due to the injury.

What Laws Apply to Accidents Abroad?

It is important you seek specialist advice from the outset, as this can be a difficult question.  Even where the case is heard in an English or Welsh court, the foreign country’s law often applies to questions of liability, damages and limitation. This means:

• The legal threshold for proving negligence follows local rules.
• The types and amounts of compensation may differ.
• The time limit for bringing a claim may vary.

Compensation claims for accidents abroad can vary significantly.

How Long Do You Have to Claim?

In most English or Welsh personal injury claims, the time limit is up to three years from the date of the injury or date of knowledge. However, for foreign accidents, the applicable time limit is often shorter and can vary depending on the applicable laws.

The key is acting quickly so that your legal team can assess which rules apply and preserve your right to claim.

What Can Compensation Be Claimed For?

Compensation can cover a range of losses, depending on the impact of your injury. You may be entitled to claim for:

• Pain, suffering and loss of amenity.
• Medical expenses, including private treatment or rehabilitation.
• Loss of earnings and loss of future income.
• Care and assistance needs - either temporary or ongoing.
• Travel and accommodation costs linked to the injury.
• Loss of enjoyment of the holiday, where relevant.

If you have sustained a serious injury, you may be entitled to higher compensation due to the increased complexity and longer resolution time of such claims.

Consulting with a solicitor can help you understand how much compensation you may be entitled to based on the specifics of your case.

Claims are assessed on their individual facts. In serious cases, JMW seek to arrange interim payments and care packages to begin support straight away, well before a final settlement is reached.

Evidence Needed to Support Your Holiday Accident Claim

Strong evidence will help build your case. This may include:

• Medical records and receipts from treatment abroad.
• Photographs of the scene or hazard that caused your injury.
• Contact details of witnesses.
• Police or incident reports, if applicable.
• Written complaints to your tour provider or airline.

Even if you did not report the incident at the time, a claim may still be possible. We can help locate records or secure statements to support your case.

Claim Value and Payouts

The value of your claim depends on injury severity, financial impact, and applicable legal rules. Your solicitor will assess medical evidence, financial losses, and your long-term needs before entering settlement discussions. You may be entitled to higher compensation if your injuries have long-term effects or require ongoing treatment. JMW can also explore insurance to cover legal costs where appropriate. Our experienced legal team is committed to securing more compensation for clients by thoroughly assessing all aspects of their claims and helping them secure compensation for their injuries.

What if You Were Partly at Fault?

If the accident occurred due to someone else’s negligence, you may still be able to claim compensation even if you were partly responsible. If you ignored safety instructions, your compensation may be reduced to reflect shared liability - known as contributory negligence. The amount deducted will depend on the level of your involvement.