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Compensation for Holiday & Overseas Injuries

Suffering an injury while on holiday

For most people, their annual holiday is the biggest investment they make every year. After months of saving, planning and anticipation it can be hugely traumatic to suffer an injury on holiday, and even more so if you feel that the injury in question was caused by another party being negligent.

As with most other cases of personal injury, it is possible to claim compensation in these circumstances, but, if the injury was sustained overseas then the legal situation immediately becomes more complex, and, for this reason, it becomes vital to seek the help of an expert personal injury lawyer.

Putting together a successful injury claim

In all personal injury claims there are two facts which have to be established. The first is that an accident, event or course of events caused an injury to you. This will usually be ascertained via medical examination and is therefore the simplest part of any claim.

The second fact which needs to be demonstrated is that the accident in question happened as a result of somebody else’s negligence. In many cases this will be equally obvious and claimants are often surprised to find that a third party which vociferously denies responsibility in the immediate aftermath of an event becomes much more amenable once legal action is mooted. Indeed, the majority of cases are settled out-of-court when the other party realises it will be futile and expensive to argue their corner. That’s why it’s imperative that the services of a personal injury lawyer should be retained. Often, the simple fact that you are pursuing a claim with professional help will be enough to win the compensation you deserve.

The laws governing injuries overseas

If you’ve been injured overseas then the situation becomes slightly more complicated, and the exact course of action can depend upon whether you are travelling as part of a package deal or independently. The laws covering package deals are set out in The Package Travel, Package Holidays and Package Tours Regulations 1992.

For the package provider to be deemed responsible the accident in question has to have happened within the hotel complex itself or on a trip or excursion organised by the package provider. If this is the case, then you should be able to pursue a claim against the package provider in this country and the usual advice pertains: gather as much information as possible regarding the accident including photographs of whatever it was that caused the argument, contact details of any witnesses, medical reports of your injuries and your own written account set down as soon as possible. Using these, your personal injury lawyer will attempt to demonstrate that the provider of your holiday failed to fulfil their duty of care toward you. The precise details could range from an unsafe swimming pool to food poisoning caused by unhygienic food presentation, but the basic principles remain the same.

SOURCE: legislation.gov.uk

If you are travelling independently and suffer an injury then it may be more difficult to pursue a claim. You may, for example, need to go to court in the country in which the accident happened, thereby dealing with laws such as health and safety regulations as they are applied in that country. The same basic rules apply, however, and the sooner you contact a UK injury solicitor with your details, and the more information you can present, the greater your likelihood of success.

Having a holiday ruined through the negligence of another party is distressing, but no win no fee compensation means that it doesn’t necessarily have to ruin the rest of your year as well.

Last updated on: 6th March 2020

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.