Taking a holiday in the UK has become a more common theme over recent years. In many cases, holidays pass without any issues and everybody returns home feeling refreshed. However, if you are involved in an accident and injured on holiday, your trip can be ruined, and you may continue to suffer when you return home. In this guide, we’ll explain when you may be eligible to make a holiday accident claim and how the claims process works.
You may be eligible to make a holiday accident claim if you were injured due to negligence of a hotel operator, a travel operator, or somebody else associated with your holiday.
Eligibility To Make A Holiday Accident Claim
When you book a holiday, you expect that any facilities you pay for will be safe and the holiday will be relatively risk-free. Legally, you will be owed a duty of care by your hotel, campsite, or tour operator depending on how you booked your holiday. That means that if somebody else causes an accident to happen, and you are injured on holiday as a result, a holiday accident claim might be possible.
Your claim could include compensation for pain and suffering, financial losses, and also the loss of enjoyment of your holiday. To make a holiday accident claim successfully, you will need to demonstrate that:
- A third party was negligent in some way.
- Due to that negligence, an accident took place.
- As a result, you sustained an injury or injuries.
To substantiate your claim, you will need to supply some evidence. Therefore, following an accident on holiday, we would suggest that you:
- Report the incident to your holiday rep or the hotel/campsite operator as soon as you can.
- Take pictures or videos of the accident scene. This should show the root cause before it has been removed if possible.
- Attend A&E to have any injuries assessed and treated.
- Ask any witnesses if they mind providing their contact details.
- Requesting copies of any CCTV footage that covers the area where the accident took place.
- Keep a note of any expenses you incur as a result of your injuries.
- Take photographs of any physical injuries throughout your recovery.
We are happy to offer free assessments of holiday accident claims. You can call our team on 0800 6524 881 to discuss what’s happened and find out if whether you might be eligible to claim compensation.
Common Types Of Holiday Accident Claims
We couldn’t possibly provide details of all of the incidents that could lead to holiday accident claims. However, to give you some idea of common injuries on holiday that lead to compensation claims, we have listed some below:
- Injuries resulting from malfunctioning or faulty gym equipment in the hotel.
- Slips, trips or falls caused by spillages, leaks or cleaning where warning signs aren’t used.
- Food poisoning caused by poor hygiene or food-handling practices.
- Injuries sustained during an excursion caused by poorly maintained equipment or a lack of proper training.
- Injuries in a hotel or within your room because of defective furniture.
- Swimming pool accident caused by a lack of safety procedures or supervision.
As mentioned in the last section, the more evidence you have that helps prove what happened, the better. If you are interested in letting us check your case to see if you have a chance of being compensated, please get in touch. We offer free legal advice and will review your holiday accident claim without obligation.
How Much Compensation For Being Injured On Holiday?
As no two holiday accidents are the same, the amount of compensation payable for injury will vary from case to case. The amount paid will be determined by a few different factors. They include how serious your injuries were, whether you’ve lost any money, and if you’ve suffered life-changing or long-term injuries.
The easiest way to find out what amount of compensation you could be paid is to let one of our solicitors or specialist advisors take a look at your case. After it has been reviewed, for free, they should be able to give a compensation estimate. The part of the holiday accident claim for any pain and suffering is called ‘general damages’. When asking for costs, losses or expenses to be paid, you’ll make a ‘special damages’ claim. This could cover medical costs, travel costs and also loss of income. Differences between general and special damages are explained further on this page.
If you’re injured on holiday and decide to make a claim, and where there is a reasonable chance of success, one of our holiday claim solicitors could represent you on a No Win No Fee basis. This will make the claims process less stressful due to the fact you won’t need to worry about spending money on fees while the claim is in progress.
Holiday Compensation Claims Calculator
We could help you begin a claim for any injuries you’ve sustained whilst on holiday if the accident was not your fault. Some of the more common injuries claimed for in holiday accident claims include:
- Broken bones.
- Neck injuries including whiplash.
- Soft tissue injuries.
- Back injuries.
- Cuts, lacerations or bruising.
- Food poisoning.
Importantly, compensation settlements will be different in each and every claim as they are based on the severity of each injury. For that reason, we can’t say exactly how much you might be paid.
However, when solicitors, courts and insurers set compensation amounts, they are able to refer to compensation guidelines set by the Judicial College. Therefore, it is possible to estimate how much compensation might be paid based on the severity of your injuries.
Using our holiday compensation claims calculator below, you can look at what compensation brackets might be applied in your accident claim.
Please note, the figures in our calculator are for guidance only.
Also, don’t worry if you’re injury does not appear in the list, a claim could still be made and a solicitor could let you know what your claim could be worth.
Personal Injury Claims Time Limits
When making a personal injury claim, you will need to be aware of the strict time limits. For accidents that have happened in the UK, in most cases, you’ll have a 3-year limitation period. However, where your injuries aren’t diagnosed straight away, your 3-year period will begin on the ‘date of knowledge’.
For holiday accident claims involving a child, the 3-year time limit does not apply. Using the litigation friend process, a parent, guardian, or relative could claim on the child’s behalf at any point before they are 18-years old. Where that doesn’t happen, when the child is 18, they will have 3-years to start their own claim.
The amount of time your holiday accident claim will take to be processed depends on a number of factors. If the defendant admits liability for the accident and your injuries straight away, your case could be settled in a matter of months. Where negotiation is required, the claim could take up to a year or more.
To find out how long you have to begin your claim, please get in touch with one of our solicitors today.
How A Personal Injury Solicitor Could Help With Your Holiday Compensation Claim
We believe that it is important to use personal injury solicitors when making holiday accident claims. That’s because their legal training and experience should make starting a claim much easier and the whole experience less stressful for claimants.
Furthermore, in our opinion, letting a solicitor represent you could improve the chances of winning your claim and see you awarded the maximum amount of compensation for your injuries.
To find out if you could be represented by one of our specialist solicitors, why not ask one of our claims advisors for a free case review? Our team can be contacted on 0800 6524 881.
So that you don’t have to worry about the cost of your claim, any case we take on will be processed on a No Win No Fee basis.
Holiday Accident Claims – Things To Consider
When you ask for compensation for being injured in an accident on holiday, you must be able to prove how the accident occurred, why the defendant was to blame and what injuries you sustained. Even if you think the case is straightforward, you must be able to provide evidence in a clear and concise way otherwise you might not receive the compensation you deserve.
The best way of doing so is to have specialist legal representation. Using a solicitor could improve your chances of being compensated as they’ll try to make sure that ample evidence is provided to back up your allegations. They’ll also be there to deal with any queries or objections raised by the defendant’s legal team.
If you would like to know whether you could make a holiday accident claim, get in touch with us today to receive your free consultation with a personal injury solicitor.
Update 2nd August 2021.