Accidents and Illness Abroad
If you suffer an accident, or contract an illness, whilst abroad, you may be able to make a personal injury compensation claim against the party – your holiday tour operator, for example – responsible for your accident or injury. That is of course, provided that the accident or illness was not your fault and you can prove that the party against whom you make the claim did not take reasonable care to prevent it. Each case needs to be reviewed on its own merits by a solicitor, but it may be possible to make a claim in the United Kingdom, in the country in which the accident or illness occurred, or in the country in which the guilty party is based, if different.
Accidents and Illness Compensation
It is possible to make a personal injury claim for any genuine accident or illness that causes pain, suffering and/or loss of enjoyment of your holiday and/or incurs additional costs for you – for medical care, transport and the like – provided that accident or illness is directly attributable to your holiday tour operator or another party.
Typical examples may include trips or falls as the result of poorly maintained walkways or poolside areas in your holiday hotel, or food poisoning, or bacterial infection contracted as a result of unsanitary conditions in a hotel restaurant, or swimming pool, for example. In all these cases you may be able to make a claim against your travel agent, tour operator or the hotel itself, but you do need proof of liability and to be realistic in your expectation of compensation. You should record any visits to a doctor or hospital, keep receipts for any payments that you need to make, and also note any changes that you need to make to your holiday as a direct result of your accident or illness.
Compensation is awarded based on the severity of your accident or illness, the amount of pain and suffering caused to you and the overall effect on your well-being and your ability to function normally in both the short and the long term. Genuine serious accident or illness may be compensated for accordingly, but you should not expect to receive vast amounts of compensation for say, minor cuts or bruises that heal quickly with no lasting effect. This is particularly true if you are partially, or completely to blame for your accident or illness; foolhardiness under the influence of alcohol, or self-induced alcohol poisoning, for example, account for many a holiday mishap.
If you do have a valid claim for compensation, however, you should be aware of the legislation relating to the "No Win, No Fee" schemes offered by solicitors and claims management companies. Advertisers must comply with the British Code of Advertising, Sales Promotion and Direct Marketing – a.k.a.
the CAP code – and in particular, must qualify the "No Win, No Fee"
statement, so that fees such as indemnity insurance or legal costs, in the event of the case being lost, are made clear to potential claimants.
Accidents and Illness Compensation
It is possible to make a personal injury claim for any genuine accident or illness that causes pain, suffering and/or loss of enjoyment of your holiday and/or incurs additional costs for you – for medical care, transport and the like – provided that accident or illness is directly attributable to your holiday tour operator or another party.
Typical examples may include trips or falls as the result of poorly maintained walkways or poolside areas in your holiday hotel, or food poisoning, or bacterial infection contracted as a result of unsanitary conditions in a hotel restaurant, or swimming pool, for example. In all these cases you may be able to make a claim against your travel agent, tour operator or the hotel itself, but you do need proof of liability and to be realistic in your expectation of compensation. You should record any visits to a doctor or hospital, keep receipts for any payments that you need to make, and also note any changes that you need to make to your holiday as a direct result of your accident or illness.
Compensation is awarded based on the severity of your accident or illness, the amount of pain and suffering caused to you and the overall effect on your well-being and your ability to function normally in both the short and the long term. Genuine serious accident or illness may be compensated for accordingly, but you should not expect to receive vast amounts of compensation for say, minor cuts or bruises that heal quickly with no lasting effect. This is particularly true if you are partially, or completely to blame for your accident or illness; foolhardiness under the influence of alcohol, or self-induced alcohol poisoning, for example, account for many a holiday mishap.
If you do have a valid claim for compensation, however, you should be aware of the legislation relating to the "No Win, No Fee" schemes offered by solicitors and claims management companies. Advertisers must comply with the British Code of Advertising, Sales Promotion and Direct Marketing – a.k.a.
the CAP code – and in particular, must qualify the "No Win, No Fee"
statement, so that fees such as indemnity insurance or legal costs, in the event of the case being lost, are made clear to potential claimants.
