Holiday Accident Abroad Claims Guide – How Much Compensation Can I Claim?
By Michael Patrick. Last Updated 22nd January 2021. We know that any type of injury can be distressing, but emotions can be heightened when you are on holiday. After all, holidays are supposed to be fun, and you have probably spent a decent amount of money on your trip. When something you have been looking forward to for so long goes wrong, it can be incredibly upsetting. Plus, there is the trauma of being injured in a place that you are unfamiliar with.
We appreciate just how upsetting and stressful holiday accidents and injuries can be, which is why we are dedicated to securing the compensation you deserve. You can speak to one of our experienced and friendly legal advisors, who will happily explain the detailed process and help you every step of the way. But, first, for more information on holiday accident claims, simply read on.
Select a section:
- A guide to accident claims for holiday accidents abroad
- Some vital holiday accident statistics.
- What to do if you are involved in a holiday accident abroad.
- Packaged holiday accident claims – Can I claim compensation?
- How to begin your holiday accident abroad injury claim.
- I have had a slip, trip or fall abroad can I claim compensation?
- Who can claim if a family member had been in a fatal accident on holiday?
- Involved in a road accident abroad while on holiday can I claim compensation?
- What can be claimed for after an accident while on holiday abroad?
- What are the most common holiday accidents?
- How much compensation will I get for a holiday accident abroad?
- No Win No Fee holiday accident abroad claims.
- Why choose us as your claims service for a holiday accident abroad claim?
- Call for free advice to start a claim.
No matter whether you have broken a bone on holiday abroad or been involved in a motorbike accident abroad, you may have questions about the claim process, how much compensation you can secure, and what to do after the incident. You have come to the right place.
Our team of accident abroad solicitors have extensive years of experience in the industry, and we have secured compensation for many personal injury victims over the years. We work on a No Win No Fee basis, and we put our customers at the heart of everything we do. Irrespective of the type of accident you have been involved in, you can rest assured that we can help you to get the maximum amount of compensation you deserve.
As we previously mentioned, one of the most common accidents that happen abroad is road traffic accidents.
As outlined within the “Britons driving into trouble abroad” a press release by GOV.UK, 8 million of us drive when we travel abroad each year. It was also outlined that two-thirds of Brits who drive abroad have encountered problems. The document acknowledged how nearly a third (31%) have driven on the wrong side of the road, and more than 1 in 10 have gone the wrong way around a roundabout.
If you are involved in a road traffic accident abroad, then you should follow the measure outlined by Citizens Advice, as they suggest that you should:
- Make notes regarding the incident.
- Take photographs of the accident – including photos of the number plates.
- Exchange insurance information.
- Take the names and the addresses of as many witnesses as possible
- Do not admit liability.
If you claim compensation with us, we will ensure that all of those costs you have encountered will be covered in the payout you receive. This includes everything from a loss of earnings to any travel costs you have had to fund, and of course, any prescriptions, medication, treatment, and counselling for the emotional trauma. These are known as ‘special damages,’ and we will make sure you are covered for all of them, securing the maximum amount of compensation possible.
Injured while on holiday abroad, what to do next? If you have been involved in an accident while on holiday, it is crucial to gather as much evidence as possible. This includes:
- Gathering any information you can regarding the medical treatment you received at the time of the accident.
- Making a note of the injuries you have sustained.
- Keep proof of any expenses you have incurred because of the accident you were involved in.
- If you have been involved in a car accident, talk to the driver who caused it – get their details and write down their vehicle details. Also, note the company that owns the vehicle.
- Noting the contact details of any witnesses.
- Writing down or sketching the scene of your accident.
- Taking photographs of what caused your accident as well as your injuries (if visible).
Don’t panic if you are unable to gather all of the above evidence. Simply do your best, and then get in touch with us and we will advise you on the next steps.
If you have been involved in a package holiday accident, it is crucial to determine whether your accident is covered by the Package Travel, Package Holidays and Package Tour Regulations 1992.
Your excursion, trip, or holiday may fall under these Regulations if:
- It includes a combination of at least two of the following: accommodation, transport, and any other type of tourist service that is not linked to accommodation and transport, for example, an activity or excursion. At least two of those must have been arranged as a package before your holiday began.
- You paid a single company for it, under one invoice.
- It included overnight accommodation or lasted for a period of more than 24 hours.
Why does it matter if your accident is covered by the Package Travel, Package Holidays, and Package Tour Regulations 1992? When the regulations are applicable, direct responsibility can be placed on the tour operator for any personal injury sustained or accident you have been involved in, so long as it occurred through someone else’s negligence. This is applicable no matter whether your holiday was outside the UK or within the UK. It also applies to any illness you have suffered while on vacation, for instance, legionnaires disease or food poisoning.
These regulations can be beneficial in terms of an accident abroad jurisdiction. It means you can bring the claim to the UK and claim for compensation under UK law.
If you want to claim for a holiday accident, all you need to do is give us a call. We will talk you through the process, and ensure that we have everything required to launch a successful compensation claim.
We provide everyone with a free consultation, whereby you can ask any questions you have. We will ask you questions to understand the accident you were involved in and give you a thorough assessment of your case and your likelihood of securing compensation. Also, we can arrange a local medical for you if this is required.
If we believe your case is strong enough to secure compensation, we will assign you to one of our experienced No Win No Fee solicitors. We won’t waste your time if we know that compensation is not a possibility.
If you have been involved in a slip, trip or fall abroad, you will be able to claim compensation, so long as you can prove that someone else was to blame. For any case to be eligible for a payout, you need to verify that the accident occurred due to someone else’s negligence or carelessness, that it happened within the last three years, and that you have seen a doctor for your injuries. Of course, the blame for a slip, trip, or fall will depend on where you have been injured, and why the accident happened. If you fell in a car park due to poor maintenance and potholes, the car park owner would be responsible.
If someone you love has been involved in an accident on holiday that has been fatal, you will be able to claim on their behalf. You can claim if you are a family member of the deceased or a dependant of the deceased, such as their child, partner, spouse, or any other family member who relied on the deceased for financial assistance.
Fatal holiday accident claims can include compensation for the following:
- Bereavement award.
- Funeral expenses.
- Medical expenses.
- Punitive damages.
- General damages.
If you have been involved in a car accident while on holiday and it was not your fault, we can assist. We can also help with a coach or bus accident abroad and any other type of transport incidents.
It is a lot easier for us to launch a road traffic accident claims abroad nowadays, especially if an accident has occurred in Europe. This is because the 4th EU Motor Directive 2003 states that all European vehicles need to be listed on a singular database. This means that the car at fault can be found with greater ease if an accident does occur.
The Motor Insurers’ Bureau will also pay compensation to any victims of road traffic accidents where the person to blame cannot be traced or does not have insurance. Read our guide on the MIB and compensation claims.
If you have been injured abroad, you will be able to claim for several different things, including:
- General damages – This is the amount of money you will receive to compensate you for the pain and suffering you have experienced.
- Care claim – If you need help around the house, the person who cared for you would be able to file a care claim.
- Loss of earnings – If you have lost out on income due to your inability to work while you have been injured, you will be able to claim for this.
- Travel expenses – This includes any travel-related expenses that have occurred due to your injury, including any alternative travel arrangements required.
- Medical expenses – This relates to any prescription costs or medical expenses you have suffered due to your injuries.
- Holiday claims loss of enjoyment.
Here is a list of the Top 20 holiday destinations
- Canary island
- Costa del sol
- Gran Canaria
Examples of package holiday companies
- Thomas cook
- First choice
- Virgin holidays
- On the beach
- Hays travel
- Travel republic
Many different types of accidents can occur when someone is on holiday, including:
- Sporting injuries abroad, such as those caused while participating in watersports or skiing.
- Injuries caused by defective or substandard rental car.
- Illness caused by poor hygiene at your accommodation.
- Food poisoning.
- Swimming pool accidents abroad.
- Excursion injuries abroad.
- Injuries sustained while using foreign transport.
- Misplaced objects or wet floors that have resulted in a slip, trip, or fall.
- Car Accidents
- Road Traffic Accidents
- Motorcycle accident abroad.
If the injury you have sustained does not fall into one of the above categories, don’t worry. The most crucial factor is being able to prove that someone else was to blame for your accident. If you are unsure whether you have the basis for claiming, all you need to do is give us a call and happily explain your chances.
From death while on holiday to a broken arm on holiday abroad, we take a look at the average compensation payouts for various holiday injuries and fatalities:
|Reason for compensation||Typical compensation amount||Comments|
|Loss of companionship, protection and care for family members||£2,000 - £100,000||You may receive a greater amount of compensation depending on the level of loss experience and the number of family members.|
|Loss of expected earnings||£10,000 - £400,000||Potential for more payout for those with higher earning potential in the future. This is calculated based on future prospects and current pay grade.|
|Loss of benefits||£5,000 - £500,000||This is calculated based on actual income lost. Potential for a higher payout in some cases.|
|Suffering and pain||£1,000 - £200,000||Level of suffering and pain determines the payout.|
|Funeral costs||£3,000 - £10,000||Possibility for a higher payout in some cases.|
|Mental anguish||£3,550||Expectation of end of life and fear of death.|
|Death (full awareness)||£12,800 + Extras.||Lung damage and/or severe burns that have been caused by serious pain, followed by complete unconsciousness after three hours, and then death within a couple of weeks. Or, this could be extensive orthopaedic injuries and extreme chest injuries, from which recovery started, yet complications came about and resulted in eventual death.|
|Death (unconscious death within one week)||£12,800 + Extras.||Unconscious following injury, and then within one week, death.|
|Death (unconscious death within six weeks)||£12,800 + Extras.||Unconscious following injury, and then within six weeks, death.|
|Death (a brief period of awareness, followed by unconsciousness)||£12,800 + Extras.||Lung damage and/or severe burns that have been caused by serious pain, followed by complete unconsciousness after three hours, and then death within a couple of weeks. Or, this could be extensive orthopaedic injuries and extreme chest injuries, from which recovery started, yet complications came about and resulted in eventual death.|
|Severe chest injuries||£76,500 - £114,100||Serious heart damage or the removal of one lung, with prolonged and serious pain, as well as significant, permanent scarring.|
|Minor chest injuries||Up to £3,000||Soft tissue injuries or rib fractures causing disability and pain that only lasts a few weeks.|
|Severe shoulder injuries||£14,600 - £36,500||These injuries are often linked with neck injuries, and involve damage to the brachial plexus, which results in considerable disability.|
|Minor shoulder injuries||Up to £6,000||Payout depends on how long the pain and discomfort lasts. An almost complete recovery is expected with minor shoulder injuries.|
|Loss of both arms||£183,000 - £228,000|
|Severe arm injuries||£73,100 - £99,500||This relates to injuries that leave the injured person little better off than if their arm had been lost, however, they would not have had their arm amputated.|
|Simple fractures of the forearm||£5,000 - £14,600|
|Severe wrist injuries||£36,200 - £45,500||Injuries where there is total loss of function in the wrist.|
|Minor wrist injuries||£2,675 - £3,600||Minimally displaced fractures or soft tissue injuries.|
|Severe knee injuries||£53,000 - £73,125||A severe knee injury where there has been considerable loss of function and pain, lengthy treatment, gross ligamentous damage, the development of osteoarthritis, and disruption of the joint.|
One of the main benefits of using our service if you have been injured on holiday abroad is that all of our holiday accident claims solicitors work on a No Win No Fee basis. This offers you a significant degree of financial protection, as it means you will only need to pay legal fees if your case is successful.
If we are unable to secure compensation for you for some reason, you will have nothing to pay. This means you won’t find yourself in a position whereby you have a legal bill to fund and no compensation payout.
Another benefit associated with No Win No Fee is the peace of mind that we won’t waste your time making a claim with little chance of success. We only take on cases that we genuinely believe we can secure compensation for.
If you want to make a compensation claim for an accident that occurred while you were on holiday abroad, whether it was a slip, trip or fall, or a boat accident abroad, or anything else, we are the best law firm for you. We have an abundance of experience in securing compensation for clients that have been injured in an incident that was not their fault. We are experts in accidents abroad international personal injury claims, so you can always count on a first-class service.
We are also proud of our customer-centric approach. We always put our customers at the forefront of everything we do. We recognise that being involved in an accident can be extremely upsetting and distressful. The last thing we want to do is make you feel even more stressed by piling loads of legal information on top of you, or making the claim process long-winded and complicated. That’s why we make an effort to handle all cases as efficiently and quickly as possible, enabling you to focus on your recovery.
Whether you have a broken leg on holiday or been involved in a jet ski accident abroad, if you have been involved in an accident on holiday abroad, and you are ready to make a claim, get in touch with us today for expert legal advice. We are also happy to answer any queries you may have, and we will do this free of charge. The number you need to get started is 0800 073 8804.
We look forward to hearing from you and securing the payout you deserve.
This NHS link reveals the steps you need to take to cover your healthcare abroad, with individual country guides as well as information on applying for a free European Health Insurance Card (EHIC).
This NHS link takes you to a symptom checker, provided by NHS Direct Wales. You can use it to check your symptoms to determine what the problem could be and what steps you should take.
If you have had a car accident whilst abroad find out if you can claim compensation contact us today.
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