When we go on holiday, we expect everything to go smoothly. However, accidents can happen, and the last thing you want is to be restricted by a language barrier or face prohibitively expensive medical fees. That’s why we’ve made this accident abroad compensation claim guide to explain the ins and outs of claiming for injuries that occurred while on holiday.
We’ll cover important topics such as eligibility criteria, what evidence you should gather and as well as some example scenarios to illustrate how such accidents can occur. We have also provided an explanation of how personal injury compensation is calculated for accidents that occur abroad.
At the bottom of this page, you’ll find a short overview of the No Win No Fee contract offered by our panel of expert personal injury solicitors and how you can benefit when starting a claim under such an agreement.
To learn more about claiming personal injury compensation or to get a free assessment of your eligibility, contact our advisors at any time using the contact information given here:
- Call us on 020 8050 2736.
- You can also contact us by completing our online callback form.
- Or, click the live chat button on your screen now.
Select A Section
- Who Can Make Accident Abroad Compensation Claims?
- What Accidents Abroad Could I Claim For?
- How Could I Claim Accident Abroad Compensation?
- What Compensation Can I Claim For After A Holiday Accident?
- How Long Can Accident Abroad Compensation Claims Take?
- Could I Make A No Win No Fee Holiday Accident Claim?
- More Resources About Claiming Personal Injury Compensation
Who Can Make Accident Abroad Compensation Claims?
For the purposes of this guide, accident abroad compensation claim refers to seeking compensation under UK legislation for an accident that occurred during a package holiday. The travel company or tour operator you choose have a duty of care to ensure the hotels, resorts and excursions they use are safe for all their customers.
In order to claim against your holiday provider, you will need to show the following:
- The holiday provider owed you a duty of care.
- That duty was breached in some way.
- This breach resulted in an accident in which you were injured.
If the travel company or tour operator are not considered liable for your injuries, you will need to file your claim under that country’s legislation. For example, if you sustain injuries while at your hotel’s swimming pool, you might have a valid compensation claim under the laws in the UK. However, if you sustain injuries while in a restaurant that was not part of your holiday package, then your claim will need to be made in the country in which the incident occurred. When international personal injury claims are made, they will be subject to the laws of that country.
For more information on holiday accident claims, or a free assessment of your eligibility, contact our advisors using the contact details provided above.
What Accidents Abroad Could I Claim For?
Now we’ve explained the eligibility criteria, we want to provide a few examples of how accidents abroad could occur. This is not an exhaustive list so you should still speak to our advisor for an eligibility assessment if your particular circumstances have not been discussed here.
Possible examples of accidents abroad include:
- The hotel failed to carry out maintenance inspections on its balcony railings; a loose mounting was, therefore, missed and not repaired. The railing gave way when you leant on it, resulting in your falling. You broke your arm in the fall.
- A water spillage in the hotel lobby was neither sign-posted nor cleaned up in a timely manner. You slipped on the wet floor and suffered a serious concussion.
- Inadequate health and safety training resulted in a waterslide attendant not giving you the correct safety briefing. You lost a tooth after riding the slide face first when you should have been told not to.
- You suffered a severe allergic reaction in a resort restaurant after allergens were not correctly labelled.
As we said above, many other types of accidents could occur. Our advisors can discuss your particular circumstances further and assess your eligibility to claim compensation. Get in touch today using the contact details given below.
How Could I Claim Accident Abroad Compensation?
As with any personal injury claim, seeking accident abroad compensation will require you to provide some supporting evidence. The purpose of this proof is twofold. The first is to prove that your holiday provider failed to uphold their duty of care. And secondly, the evidence you gather will highlight the extent of your injuries, something that will be key when it comes time to calculate how much compensation you could claim.
We have provided a few examples of what evidence is needed for a personal injury claim here:
- The first thing we always recommend following any accident is to seek proper medical attention. While your health must be the first concern, any records from this treatment such as copies of scans, test results and doctor’s notes are very important for showing what harm you sustained.
- If available, you can acquire any CCTV footage of the accident taking place.
- You can also photograph your injuries, the scene of the accident and what caused it.
- Anyone who saw the accident take place could provide a witness statement. Make sure you acquire their contact information so they can give their statement during the claims process.
Gathering evidence is something a solicitor from our panel could assist you with. To find out if you have a valid compensation claim and get support from one of the expert personal injury solicitors on our panel, call the number below today.
What Compensation Can I Claim For After A Holiday Accident?
Compensation in a holiday injury claim can be awarded under two heads of loss: general damages and special damages. Under these two heads of loss, compensation is awarded for physical and psychological harm and financial losses, respectively.
Calculating a potential compensation figure is not something you’ll need to worry about. If our advisors deem your potential claim valid, your legal team will handle this.
Those tasked with determining a potential value for your injuries can refer to your provided medical evidence alongside the Judicial College Guidelines (JCG). The JCG publication contains guideline compensation values for various injuries.
We have taken a relevant selection of those guidelines and used them in the table here. We should stress that the top entry was not taken from the JCG.
Compensation Table
Please note that the information provided here is for guidance purposes only.
Type of Injury Severity Guideline Compensation Figure Notes
Multiple Very Severe Injuries with Significant Special Damages Very Severe Up to £1,000,000 Multiple very severe injuries in addition to significant monetary losses including lost pay, care needs and medical bills.
Brain Damage Moderately Severe (b) £267,340 to £344,150 Very serious disability that can be physical or cognitive resulting in a substantial dependence on others.
Moderate (c)(iii) £52,550 to £110,720 Impact on concentration and memory, with reduced ability to work and a small epilepsy risk.
Back Injuries Severe (iii) £47,320 to £85,100 Continuing disability and chronic conditions (despite surgery) from disc lesions, fractures or soft tissue injuries.
Other Arm Injuries Permanent and Substantial Disability (b) £47,810 to £73,050 Examples include serious forearm fractures that result in serious and permanent residual disability.
Less severe (c) £23,430 to £47,810 While there will have been significant disabilities, a substantial recovery will have taken place.
Digestive System - Non-traumatic Severe Toxicosis (b)(i) £46,900 to £64,070 Acute pain, vomiting and fever with continuing incontinence and irritable bowel syndrome for some days or weeks.
Serious food poisoning (b)(ii) £11,640 to £23,430 Serious but short lived food poisoning resulting in diarrhoea, vomiting and remaining discomfort, diminishing over a period of two to four weeks.
Ankle Injuries Modest (d) Up to £16,770 Less serious, minor undisplaced fractures, ligament damage or sprains.
Skeletal Injuries Damage to Teeth (f)(i) £10,660 to £13,930 The serious damage to or loss of several front teeth.
Can I Claim Special Damages In An Accident Abroad Compensation Claim?
Special damages is the second of the two heads of loss and compensates for monetary losses. Not just for immediate losses, special damages are also awarded for future losses as well ongoing costs from coping with your injuries.
Potential examples include:
- Loss of earnings.
- Care costs.
- Out of pocket medical bills,
- Travel expenses.
- Modifications to your home.
Be sure to retain copies of payslips, as well as other documents such as prescription letters, bills for care and travel tickets as proof of the costs you incurred.
This section is intended to act as guidance only. For a more personalised idea of what your accident abroad compensation could be worth, talk to our advisors for a free assessment today.
How Long Can Accident Abroad Compensation Claims Take?
While our panel of solicitors will do their utmost to resolve any claim as quickly as possible, we cannot provide a specific time frame. This is due to the fact that every claim is unique and dependent on a number of factors.
Items that can affect your accident abroad compensation claim include:
- The severity of injuries and the speed at which medical documents can be acquired from the hospital in the country where the accident took place.
- If the local police are investigating the incident, getting their report will also take time.
- Claims where the third party accepts liability straight away can move quite quickly. A dispute over some or all of the points of claim will take longer.
To get a more personalised idea of how long your potential claim could take, talk to an advisor for a free assessment of your eligibility today.
Could I Make A No Win No Fee Holiday Accident Claim?
The great thing about contacting Personal Injury Claims UK is that our advisors have a vast amount of knowledge in holiday accident claims. They will assess your case for free and also provide you with answers to any questions you may have. If, after assessing your holiday accident claim, they find that you have eligible grounds to pursue compensation, they can connect you with a solicitor from our panel who is adept at dealing with claims for accidents abroad.
All holiday accident claims taken on by a solicitor from our panel will be handled under No Win No Fee terms via a Conditional Fee Agreement (CFA). CFAs allows claimants to access legal representation with no front fees, no fees as the case progresses and nothing to pay for the services provided by the solicitor should it fail.
A success fee will be taken from the awarded compensation by the solicitor should your holiday accident claim succeed. This fee is taken as a percentage that is subject to a legislative cap.
For more information, please contact us:
- Phone on 020 8050 2736.
- You can also contact us by completing our online callback form.
- Or, click the live chat button on your screen now.
More Resources About Claiming Personal Injury Compensation
You can read some of our other personal injury claims guides by clicking here:
- Find out more about slips, trips and falls claims, with this guide.
- Read our guide to skiing injury compensation here.
- Get more guidance on making a pothole injury claim against a third party.
We have also included these external resources for additional information:
- Read the NHS guidance on administering first aid on their website.
- Learn more about the work of the Royal Society for the Prevention of Accidents (RoSPA) here.
- Following an accident, you may be entitled to Statutory Sick Pay (SSP). Find out more with this government resource.
Thank you for taking the time to read our accident abroad compensation claims guide. Our advisors are available 24 hours a day to assess your potential claim. Contact us at any time using the details provided above.
