How To Make Accident Abroad Claims
Read our guide on accident abroad claims to learn how to seek compensation if you’ve been injured on a foreign vacation.
£85 million in compensation
How To Make Accident Abroad Claims
Read our guide on accident abroad claims to learn how to seek compensation if you’ve been injured on a foreign vacation.
People usually travel abroad to take a break from their routine and experience a foreign culture. However, in some unfortunate cases, you may suffer an illness or injury while you’re abroad. Apart from the trauma of the injury, you are left to deal with a challenging situation in an unfamiliar location. Therefore, we will now look at how to make accident abroad claims.
If the accident has occurred due to the fault of somebody else, such as a hotel or restaurant, which had a responsibility towards you, you may be eligible to claim compensation. We’ll explain what a personal injury claim for an accident abroad can cover and take a look at the eligibility requirements. Furthermore, we’ll provide details on what evidence you can submit to help your claim and information on how long you have to start the claims process. Additionally, we look at how compensation could be awarded for a successful accident abroad claim.
Our guide concludes with a look at how a solicitor offering a No Win No Fee service can help you through the claims process.
As part of our free services, one of our team members can discuss what happened to you while you were abroad and assess whether you could make a claim with one of our solicitors. Reach out to us now for more information:
- Call 0151 375 9916.
- Contact us online.
What Can Accident Abroad Claims Cover?
There are many kinds of accidents abroad that you could claim for, including the following examples:
- Food Poisoning: If a hotel or restaurant fails to follow hygienic practices while preparing and serving your food, and you suffer from food poisoning, you may be able to claim against them. This can also include pubs or bars if they are part of your package holiday.
- Hotel Accidents: Various types of accidents can occur in hotels, including slips, trips, and falls due to faulty furniture or electrical hazards, as well as burns resulting from malfunctioning equipment.
- Allergic Reactions: If you have informed the servers or the staff at the hotel restaurant about your food allergies and yet they serve you a dish containing the allergen, you may claim against them.
- Slips, Trips, and Falls: Slips, trips, and falls at restaurants may occur due to slippery floors without warning signs or obstructions caused by loose wiring.
- Excursion Accidents: Travellers may incur injuries due to a lack of training precautions or the absence of supervision.
If we have missed out on your particular accident, you need not worry. Call us now and we will guide you through accident abroad claims, specifically tailored to your situation.
The Most Common Countries For Accident Claims Abroad
While accidents can occur in any country, here are some common destinations from the accident abroad claims we generally deal with:
- Turkey
- Spain
- France
- Italy
- Portugal
- Switzerland
- Australia
- United Arab Emirates
Have we missed out on the country where you were injured? Call us now to discuss your accident, irrespective of which country it occurred in.
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Am I Able To Claim For An Accident Abroad?
Yes, if you have good grounds to seek compensation, you could claim for an accident that occurred while abroad. To make any personal injury claim, you need to demonstrate the existence and breach of a duty of care. This means that a person was responsible for ensuring your safety, yet they failed to do so.
Therefore, even for eligible accident abroad claims, you need to prove that:
- There was a duty of care.
- A breach of that duty has occurred.
- This breach has resulted in you suffering an injury.
Who Will I Be Claiming Against?
Generally, you will be claiming against the tour operator if your trip was booked as a package holiday. ‘Package holiday’ typically refers to booking more than one part of your vacation together. For example, flights and hotel or hotel and excursions. This is set out in the Package Travel and Linked Travel Arrangements Regulations 2018.
It is the tour operator that owes you a duty of care under this legislation when you book your holiday and excursions.
When you are on holiday, there are many parties which owe you a duty of care, such as hotels, tour operators or transport companies. For example, you can claim for injuries suffered in your hotel room or the hotel’s restaurant if this was booked as part of your package. However, if you sustain injuries while dining in a restaurant that was not part of your package holiday, then you cannot sue the tour operator.
In these cases, you may be able to claim compensation in the country where it occurred. In such claims, your compensation will depend on the country’s laws and claims procedure.
Our advisors may be able to help you with claims against travel operators as well as against hotels or restaurants. Call us now to discuss the eligibility of your foreign accident claim.
How Long After My Accident Do I Have To Claim?
The Limitation Act 1980 grants a period of 3 years to start accident abroad claims. This time limit will start from the date of the accident. However, there might be a pause on this time limit if you are:
- Minor: Since minors cannot claim compensation by themselves, the time limit will start only on their 18th birthday.
- Person with reduced mental capacity: If a person doesn’t possess the mental capacity to make a compensation claim, the time limit freezes indefinitely. This time limit will commence once the mental capacity returns.
In cases where the injured person cannot claim themself, a litigation friend can manage the process for them. As part of the duties of this role, the litigation friend would be expected to act in the injured party’s best interests at all times and communicate their wishes (as best as possible) to their solicitor.
Please note, that if you are not able to claim under UK legislation, then different time limits to start a claim may apply.
Speak to our advisors now for more information on personal injury limitation periods.
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We pride ourselves on providing the best service possible for our clients.
What Should I Do After Being Injured Abroad?
In accident abroad claims, it is important to start collecting evidence like:
- Photographs of visible injuries, scars or the accident site.
- Copies of the menu or ingredient list, in case of food poisoning or allergy claims.
- Medical records, such as the doctor’s notes, X-rays and prescriptions.
- Correspondence records or copies of the agreement with the travel agency.
- Contact details of the people who accompanied you for the vacation, in order to prepare witness statements.
- CCTV footage, if possible.
- Copies of your travel arrangements, such as plane tickets.
You can contact us if you need help in collecting evidence. Our advisory team is avalaible 24 hours a day.
How Much Compensation Could I Get For An Accident Abroad Claim?
There is no fixed amount of compensation guaranteed in accident abroad claims since every case is different. However, if your claim is successful, your payout may include the following components:
- General Damages: This component covers compensation for your pain and suffering, both physical and psychological.
- Special Damages: This component covers the financial losses due to the accident.
For general damages, accident abroad solicitors generally refer to the Judicial College guidelines (JCG). These are published compensation ranges for various personal injuries, depending on their severity. The table below covers some of the JCG figures that may apply to holiday injury claims. Please consider them only as guidance, and note that the top row isn’t from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | There are many injuries and some financial losses, such as lost wages and a medical flight. | Up to £500,000+ |
| Brain/Head Injury – Moderate (i) | A moderate to severe intellectual deficit caused by brain damage, along with personality changes, impact on senses, sight and speech, significant epilepsy risk and no prospect of employment. | £183,190 to £267,340 |
| Back Injury- Severe (ii) | There is an orthopaedic injury in the back which has unusual effects like loss of sensation, ghastly scarring, problems in bowel and sexual function. | £90,510 to £107,910 |
| Foot Injuries- Severe | Both the heels or feet have suffered injuries that severely impact mobility and cause a lot of pain and deformity or there is a very unusual yet drastic injury in one foot. | £51,220 to £85,460 |
| Digestive System-Non-Traumatic Injury/Illness (i) | There is severe toxicosis causing serious issues like irritable bowel syndrome, chronic pain, vomiting and hospital stay for a few days or weeks. | £46,900 to £64,070 |
| Digestive System-Non-Traumatic Injury/Illness (ii) | Although short-lived but serious food poisoning and vomiting which subsides after 2-4 weeks although some discomfort remains along with impact on bowel function and sex life for a few years. | £11,640 to £23,430 |
| Digestive System-Non-Traumatic Injury/Illness (iii) | There is significant discomfort, issues in bowel function or cramps due to allergies or food poisoning. The symptoms may linger on for a few weeks and there will hospital admission for some days but a complete recovery will be made in a year or two. | £4,820 to £11,640 |
| Ankle Injury – Severe | Injuries which necissate the need for extensive period of treatment and a lengthy period in a plaster or pins and plates have been inserted, significant remaining disability through unstable ankle and severely impaired ability to walk | £38,210 to £61,090 |
| Leg Injuries- Severe (iv) Moderate | This bracket is for multiple fractures or serious crush/compression injuries, usually for one leg. | £33,880 to £47,840 |
| Wrist Injuries (c) | The injuries may not be as severe but cause stiffness and persistent pain. | £15,370 to £29,900 |
Our advisors can guide you through the process of calculating compensation. Reach out to us now.
What Will Accident Abroad Compensation Do For Me?
As discussed above, your accident abroad settlement could compensate for the physical and mental injuries plus your financial losses.
When calculating general damages, your solicitor will consider:
- The severity of the injury. More severe injuries tend to be compensated at a higher rate.
- Whether you’ve suffered more than one injury.
- If you have an injury to your mental health.
- Any loss of enjoyment (known as loss of amenity) caused by your injury. For example, you have traumatic arthritis in your wrists and can no longer quilt.
- Your overall prognosis. A permanent life-altering disability is typically compensated at a higher rate than a less severe injury.
In addition to compensation for pain and suffering, you could also be compensated for your financial losses. If you sustain injuries in a holiday accident, these could be considerable. For special damages, you may be able to claim the following financial losses:
- Medical expenses, including the cost of travelling for appointments.
Loss of earnings due to demotion or time taken off from work.
Assistance and care, professional or otherwise.
Changes to the home or vehicle due to a resulting disability.
Physical aids like wheelchairs.
Medical flight home.
You will have to submit bank statements, invoices and other financial records for special damages.
Call us now for more information on what can be included in accident abroad claims. A team member can also estimate your potential settlement, which would consider your special damages as well.
JF Law’s No Win No Fee Accident Abroad Claims
If you are worried about the expenses involved in making accident abroad claims, we also have No Win No Fee solicitors. They will work on a Conditional Fee Agreement (CFA), which means that you won’t pay for their work:
- Upfront
- In the middle of your claim.
- If your case outcome is not positive.
However, if your claim is successful, you would have to pay them a success fee. This is a fixed percentage deducted from your compensation, and a legal cap exists to prevent unfairness.
As part of the No Win No Fee services on offer, not only would you be getting excellent legal representation throughout the claims process, but your solicitor will:
- Handle all paperwork associated with the claim.
- Negotiate with your tour operator’s insurer.
- Ensure that your claim is accurately valued with consideration for all your injuries, their prognosis and any associated costs.
- Connect you to any needed medical specialists to help you recover, such as a physiotherapist or cosmetic surgeon.
- Advise on and help with gathering evidence.
- And so much more.
Contact Our Advisors
When you contact JF Law, an advisor can assess whether your claim has merit. If it does, they can connect you to one of our solicitors. However, you have no obligation to proceed with our services. To get your free consultation and have your questions about accident abroad claims answered, call today. To know more about No Win No Fee agreements, contact us now:
- Call 0151 375 9916.
- Contact us online.
More Information
Thank you for reading our guide on accident abroad claims. Here are some other guides:
- Information on making a public transport claim.
- Details on claiming for a lift breaking down.
- Our guide on crane accident compensation.
Some of these external links may be relevant for more information:
- Guidance from the NHS on food poisoning.
- Foreign travel advice from the government.
- Information from the NHS on allergies.
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