Holiday Accident Claims
Holidays and trips abroad are usually booked for rest and relaxation, but, sometimes accidents can happen as a result of someone else’s negligence. The personal injury solicitors at JMW have helped many travellers who have suffered an injury while away in the UK or a foreign country, so we understand how frustrating and disappointing it can be to have your holiday affected by an accident.
To speak to a member of our team about how we can help you if you have suffered an accident on holiday as a result of someone else’s negligence, simply call us on 0345 872 6666. If you would prefer us to contact you, complete our online form and we will be in touch at a time convenient for you.
How JMW Can Help
Our accident abroad claims solicitors assess your claim and discuss the next steps with you, explaining the claims process in a clear and concise manner. We will use our expertise to put together the best possible case for you. We can make the process as hassle-free as possible for you by providing practical and reliable legal advice.
We can provide the assistance and advice you need to make a compensation claim for an accident you've suffered abroad. Our solicitors have many years of experience in dealing with a range of claims, including:
We commonly help clients who have suffered injury in the EU, including countries such as Spain, including the Canary Islands, Italy, Greece, France, Austria and Portugal. Many people are unaware that is is also possible to seek compensation if your accident happened further away from home. Our team have recently successfully concluded cases for clients who have been injured in the USA, Turkey, and Mexico.
What Our Client Says
A Tour Operator’s Responsibilities
A package holiday is the broad term used to describe a holiday where multiple components, such as accommodation, transport, and often food and beverage packages, are booked by an individual, via a tour operator, at an inclusive price.
Holidaymakers on a package holiday are able to claim for a holiday accident thanks to the Package Travel and Linked Travel Arrangements Regulations 2018, which gives you the right to pursue the tour operator in the Courts of England or Wales.. If you’re hurt as a result of someone else’s fault while using any facilities included by your tour operator as part of your package, you could be entitled to compensation. This can include injuries sustained within your hotel, during the transfer to your accommodation, or even pre-booked excursions (under certain circumstances).
To read more about your legal rights on holiday, take a look at our report on the expectations and responsibilities of tour operators.
What Are My Rights After Having a Holiday Accident?
If you've had an accident on holiday that was the fault of someone who owed you a duty of care, you have the right to seek compensation for your injuries, medical expenses, loss of enjoyment of the holiday, and any other financial losses you've incurred as a result. Your rights will often depend on the regulations governing package holidays, particularly the Package Travel and Linked Travel Arrangements Regulations 2018. These regulations make it easier for holidaymakers to claim compensation when they suffer injuries due to someone else's negligence while using facilities or services included in a package holiday.
Additionally, you have the right to:
- Receive prompt and appropriate medical treatment for your injuries.
- Get advice and assistance from your travel insurer and local British Consulate, if abroad.
- Receive full and transparent guidance from holiday accident solicitors during the claims process.
- Seek damages for pain and suffering, along with any loss of earnings upon your return to the UK.
If you’ve been injured while on holiday, you don't have to go it alone. Our experienced holiday accident claims solicitors at JMW can help guide you through the process. We can assess your situation and explain your rights, helping to ensure you get the compensation you deserve.
How Can You Prove Liability in a Holiday Accident Claim?
Proving that someone was responsible for your accident requires compelling evidence that demonstrates the negligence that led to your injury. Here are some steps you can take to build a strong case:
- Take photos of the accident scene, your injuries and any other relevant factors (such as a wet floor without a warning sign).
- If there are any witnesses to the accident, get their contact details and statements if possible.
- Obtain medical reports detailing your injuries, as well as any treatment you received. This can serve as vital proof of the severity of your injuries.
- Collect all booking records, including terms and conditions, that can establish the responsibility of the service provider (such as a hotel or tour operator).
- Keep records of any communication you have with the liable party or parties and your travel insurance company. This could include emails, texts or letters.
- Consult with experienced holiday accident claims solicitors who can guide you through the complexities of proving liability - such as those at JMW.
Gathering initial evidence can help your claim to be substantiated. After this, your solicitor can help you compile it into a compelling case aimed at proving the other party's liability, and gather any additional evidence that may be beneficial.
Why Choose JMW?
Due to our decades of successes in pursuing compensation claims for personal injuries, including for accidents abroad, JMW has received recognition from The Legal 500 and the Chambers & Partners guides. When you entrust your holiday accident claim to us, you're choosing the support of a legal team of proven experts.
By crafting the strongest cases and taking decisive action, we strive to alleviate the impact a holiday injury can have on your daily life, ensuring you're well-informed and comfortable throughout the claims process.
Read our personal injury claims case studies to explore why so many choose JMW when pursuing compensation for holiday accidents.
Navigating a legal claim can often be financially daunting, but with JMW, you're in safe hands. We operate on a no win, no fee basis for all our holiday accident claims. This means we'll only expect you to pay our legal fees if your claim is successful.
FAQs About Holiday Accident Claims
What should I do if I have an accident on holiday?
Suffering an accident while abroad can be a stressful time due to being in an unfamiliar location, language barriers and dealing with different laws and healthcare systems. Fortunately, our expert holiday claims solicitors are well versed in dealing with cross border cases, and claims where local standards or foreign applicable laws apply, and can provide you with advice on claiming accident compensation abroad.
If you suffer an accident, the first thing you should do is seek medical help. Being concerned about paying expensive medical bills abroad is a worry shared among many holiday-goers, but you should prioritise your health. Seek advice from your travel insurers immediately. Many large hotels have an onsite doctor that can be called. Once you are safe, you should speak to our team about what to do next.
Claiming compensation is an important step to take as it will help you to cover any medical bills you have had to pay and can provide you with support on your return to the UK.
What constitutes a holiday accident claim?
You can make a holiday accident claim when you've suffered a personal injury during a holiday due to someone else's negligence. This could include accidents that happen within your hotel, on pre-booked excursions, during transport arranged by the tour operator, or even accidents involving road traffic or activities like skiing. The key factor is that the injury must have been caused by someone else’s negligence or failure to provide a safe environment.
Is there any evidence that might help my claim?
When it comes to making a claim for an injury on holiday, it is important to retain as much documentation as possible. This is because it will help your holiday accidents solicitors to prove the circumstances of your accidents abroad and the effects they may have had on you.
When recording evidence for a holiday accident compensation claim, you should include:
- Clear details about your resort
- All booking records, including terms and conditions
- Any photographs of the area where your accident happened
- Information about any assistance provided by the hotel and tour operator, including written reports
- Any witness contact details
- Doctor/medical reports provided by any doctor or medical facility you may have visited abroad
Why should I make a claim for a holiday accident?
Making an accidents abroad compensation claim can help to reimburse you for any expenses you have incurred as a result. These include medical expenses while on holiday and time taken off work on your return. You can also be compensated for missing out on any activities you would have undertaken if you had avoided injury.
How long does an accident claim take to pay out?
Personal injury claims can take varying timeframes to resolve, depending on factors such as the severity and nature of your injury, the amount of compensation at stake and the complexity of the case. For holiday claims, this can take even longer as the protocols that apply allow a longer period for the Defendant to respond, so the sooner you start the process the better.
Your case could take anywhere from six months to over three years to resolve. To get a stronger idea of how long it is likely to be before you receive your compensation, talk to one of our specialist solicitors today.
Can I claim compensation for loss of enjoyment of my holiday?
If you are injured on holiday due to someone else’s actions or negligence, and the injury ruins the rest of your time away or causes you a loss of finance, you may be able to claim compensation for these, with the help of expert holiday claims solicitors.
The amount of damages you are owed will vary, as it is based on the estimated value of your holiday. This takes into account various factors, including the severity of the injury you sustained and the impact this had on your enjoyment of the holiday, as well as the overall cost of the holiday and the level of experience you should have expected to enjoy. If the holiday was to mark a special occasion, such as a honeymoon or a wedding anniversary, this will be taken into account when the compensation is assessed.
Compensation for loss of enjoyment of a holiday will not be awarded in every case, so you should speak to experienced holiday compensation solicitors about the specifics of the incident you experienced for advice on what you should expect in terms of damages.
What type of compensation can I seek for a holiday accident claim?
When making a holiday compensation claim, there are various things you can claim compensation for. These are usually divided between two categories:
- General damages are intended to compensate you for the physical pain and emotional suffering you've experienced due to the accident. General damages take into account factors like any immediate or long-term physical or emotional pain, loss of enjoyment and reduced quality of life.
- Special damages cover any financial losses or out-of-pocket expenses you've incurred as a result of the accident. These can include medical expenses, loss of earnings and predicted future costs.
How much compensation you can claim will vary depending on the specifics of your case, including the severity of your injuries and the impact on your life.