Claiming compensation is an important right for anyone who is injured abroad. When someone else's negligence leads to an injury, it can quickly ruin your holiday or introduce other serious consequences. It is not only the loss of your enjoyment that can be caused by a holiday accident, but the need for medical treatment, travel expenses to return home and lost earnings if you are unable to return to work when your holiday ends.

Thankfully, all of these costs will be factored into any holiday accident compensation you are awarded if you are able to bring a claim under the law of England and Wales. This is sometimes possible even if you were injured abroad, and does not mean that your accident must have taken place in the UK. You may also be able to make a claim in an overseas jurisdiction for an accident abroad, but the rules and compensation calculations may be different.

JMW Solicitors supports people who have experienced life-changing injuries abroad, and our personal injury experts can advise you on complex issues of jurisdiction when you make a holiday accident compensation claim. Here, we explain the factors that are considered when you can claim compensation under the law of England and Wales, and what determines how much compensation you may be owed for a holiday accident.

How much compensation are holiday injury claims worth?

There are no fixed or average compensation amounts for a holiday accident claim. A compensation claim is designed to put the injured party back into the position they would have occupied if the accident had never happened, which means that it takes into account the specifics of the injuries sustained and the financial losses tied to the incident. Compensation is usually split into two categories, each of which represents a different type of impact the accident may have had.

• General damages cover the physical pain, emotional impact and loss of enjoyment caused by the injury. They are based on the Judicial College Guidelines, which provide suggested compensation amounts for different types of injury. More serious injuries tend to result in more compensation in terms of general damages. Psychological symptoms that arise as a result of the physical trauma can be taken into account, and the payment will also include any disruption to your quality of life, such as if you are unable to work, drive, exercise or take part in family life during your recovery. Some accidents may have permanent symptoms or lead to life-long health conditions or disabilities, which will result in the largest compensation sums.
• Special damages account for the financial impact of the injury. This might include:
• Lost earnings from time off work.
• Future loss of earnings if your ability to work is affected long-term.
• Medical bills, rehabilitation costs or specialist equipment.
• Travel costs or accommodation changes due to the injury.
• Care and support from family and friends, or paid care by professionals.

In more serious cases, compensation may also reflect the cost of long-term care, adaptations to your home or car, or specialist therapies. For example, if you are left with a permanent disability and need medical devices or equipment installed in your home, special damages may cover the associated costs.

When you make a claim under a no win, no fee agreement, you will be liable to pay a contribution towards your legal fees capped at a certain percentage of your compensation. This will be agreed in advance, and your solicitor will discuss the structure of a no win, no fee claim and any other options for funding the legal services you need that may be available. Holiday accident claim specialists at JMW will secure the maximum amount of compensation that you are entitled to, to ensure that all of your losses and the costs of anything you are likely to need for the future are completely covered.

What evidence do I need to maximise compensation?

The elements of a holiday accident claim will be calculated based on several different types of evidence. This is used to show that the accident occurred, prove liability for it, and demonstrate that your injuries would not have occurred if not for someone else's negligence.

Evidence is also used to show how much compensation you can claim. It is vital to gather as much strong evidence as possible to maximise the value of your claim. JMW's holiday accident claims solicitors will try to collect as much of the following evidence as possible:

• Medical records to provide a clear timeline of your injury, diagnosis, and the treatment you have received.
• Expert medical reports from independent specialists, assessing your current condition and giving a professional opinion on your long-term prognosis.
• Expert reports from other specialists, such as accommodation experts and employment experts to help us to value your case.
• Photographs that show how the accident happened and its immediate effects.
• Witness statements from those who saw the accident scene and can back up your version of events.
• Receipts and invoices for medical expenses, medication, travel or other injury-related expenses.
• Payslips and employment records to show a loss of income, missed work opportunities or reduced future earnings capacity, if you wish to claim for these.
• Diaries or statements from family members about your recovery, the effects of the injury on your life and how much assistance has been needed in the aftermath.
• Psychological assessments that show symptoms such as anxiety, low mood or sleep problems following the accident.

At the start of the holiday accident claims process, JMW's expert solicitors will discuss the evidence you have already collected and advise you on the strength of your claim, and how much compensation we believe you are owed. The evidence we can gather is essential both to prove your injury and to accurately calculate the compensation you are owed. Our team has extensive experience gathering and presenting this material to make sure that nothing is overlooked and that your compensation claim covers all of your financial needs relating to your accident.

Can I claim in England and Wales?

All of the above applies to compensation claimed when you make a personal injury claim under the law in England and Wales. If you were on holiday in the UK, this will apply automatically, but it is also possible even if your accident happened overseas. The main consideration that determines whether you can claim compensation in England and Wales for a holiday accident abroad - or whether you must claim in the jurisdiction where the accident occurred - is whether or not there is a defendant based in England and Wales - for example, if your trip was a package holiday.

A package holiday is defined under the Package Travel and Linked Travel Arrangements Regulations 2018, and determines who is legally responsible when something goes wrong abroad in the context of personal injury claims. To count as a package holiday, a trip must include at least two different travel services - such as transport, accommodation, or excursions - that were sold at an inclusive price, and booked together through the same travel agent, tour operator, or online booking platform.

Common examples include:

• A flight and hotel booked together through a travel agent.
• A cruise that includes excursions and meals.
• A hotel and airport transfer booked as part of a single package online.

If your holiday meets this definition, and the accident happened due to negligence connected to a service provided as part of the holiday, such as the hotel, transport company, or excursion provider concerned, you may be able to bring a claim against the English-based package organiser. This makes things more straightforward and can simplify the claims process, to enable you to receive your holiday accident compensation as soon as possible.

JMW can advise you on whether your booking meets the legal definition of a package and what that means for your compensation claim. If it does not, you may still be able to claim and we will advise you of the next steps to take.