Holiday Accident Claims In Canada – How Much Compensation Can I Claim For Personal Injury?
Canada has a thriving tourism industry befitting the second largest country in the world. It is a popular destination for tourists from the UK, with 724,000 people visiting for holidays and work each year. People visit Canada for holidays or business trips. Common reasons to visit Canada for holidays include city breaks, visits to the Great Lakes and countryside, ski holidays and cultural breaks. It is considered a very safe country to visit and tourists can expect very high standards of health and safety as well as food safety. Whilst most visitors to Canada return unharmed some will be injured either in an accident, whilst participating in an activity, or become ill. If this has happened to you, you could be eligible to make a holiday accident claim. Holiday accident claims in Canada come in all shapes and sizes and can secure people settlements for an injury or illness which was not their fault.
In this guide we will look at different ways in which people can be injured or suffer an accident whilst on holiday in Canada, as well as ways in which people can become sick. We have also included information on what to do if you are injured on holiday abroad, how to get assistance in circumstances such as road traffic accidents in Canada, and how to make a personal injury claim when you return to the UK.
Legal Expert are one of the best personal injury claims companies in the UK. In addition to having excellent personal injury solicitors to help you through the claims process, we have also built one of the UK’s best libraries of information on making compensation claims. If you need to make a foreign holiday accident claim after being injured or becoming sick as a result of someone else’s actions, we can help you claim the maximum level of compensation possible.
Please read the rest of our guide to find out more about holiday accident claims in Canada.
Select A Section
- A guide to holiday injury and illness claims in Canada
- Steps to take after an accident, sickness, or injury in Canada
- How to contact the Canadian emergency services
- Healthcare services in Canada
- Personal Injury Claim Time Limits In Canada
- Canadian package holiday accidents and injuries
- Independently Booked Holidays To Canada
- What holiday sickness and injury claims can we help with?
- Hotel injury and illness claims
- Claims for food poisoning and other illnesses in Canada
- Injuries caused by falls on holiday in Canada
- Winter Sport activity compensation claims
- Road traffic accidents in Canada
- Should I use a lawyer in Canada for my claim?
- No win no fee personal injury claims in Canada
- Start your claim
- Useful Links
Your annual holiday can be one of the biggest expenses that you will pay for each year. For many holidaymakers, a holiday, especially an expensive one to a long haul destination to a place such as Canada, it can be something they need to save up for. For some, a trip to Canada will be a once in a lifetime experience. If is has to be cut short or if it ruined due to sickness or injury you may well feel that it is more than bad luck. Being injured on holiday can be extremely upsetting. In instances where the accident or illness was caused by someone else, you may feel that this is even worse.
Being injured whilst on holiday in a foreign country, such as a Canada, can be traumatic, stressful, painful and possibly even frightening depending on what happened to you. The financial impacts of having an injury abroad or suffering an injury can be quite significant. Holidays can be expensive and when you are paying large amounts of money for a produce or service, and if you do not receive the level of service expected or to be injured, you may be able to make a holiday accident claim.
If you choose to make a personal injury claim with one of our no win no fee solicitors, we will always seek to secure the highest possible level of compensation.
If you have been injured in an accident or if you have become sick whilst abroad in Canada it is likely that you will need to meet the costs of your medical care, through travel insurance or your own funds and then claim it back from either your travel insurance, or as part of your holiday illness claim in Canada. If you do have an accident in Canada, you should take the following steps;
- Seek any medical attention necessary to treat your injury or illness.
- Report your accident to the relevant authorities. This may be your holiday rep, your hotel, a restaurant, or service provider.
- Notify your insurance provider that you are seeking or may need to see medical assistance.
If possible, you should photograph the surroundings of the accident and any injuries sustained. This can serve as evidence in your personal injury claim.
- If you were involved in a road traffic accident in Canada, you should swap insurance details with the other vehicle, as well as taking all their details and the details of the owner (if different from the driver).
- Ask for the contact details of anyone who witnessed what happened to you.
keep a record of any medical treatment, such as dates of visits as well as copies of the medical reports.
- If you have to alter your plans, or miss an excursion which you have paid for already, keep records of this as well.
- Keep receipts of any related expenses.
If you are staying at a large hotel or a resort it is also likely that your hotel will have a doctor or medical staff on call to treat you. Whilst you may need to pay for this treatment, when it comes to health, it is better to be cautious. In the following section you can find out how to contact the emergency services in Canada.
If you are injured abroad in Canada, become sick, or are otherwise involved in an situation requiring emergency assistance, you can contact the Canadian emergency services on 911. This number will give you immediate access to the main emergency services switchboard. Here you can request help from the ambulance service, police, or fire service. The number is valid from all phones, both landline and mobile. If you require non emergency assistance in a city in Canada, you can also call 311. Major cities, such as Toronto, also have alternative numbers to access paramedic services. In some emergencies and circumstances, you may also be able to get consular services from the British High Commission.
Emergency Services: 911
Non emergency help: 311
Toronto paramedic service: 416-392-2000
British High Commission: +1 613 237 1530
At the time of writing, there are not reciprocal healthcare arrangements between the UK and Canada. As a consequence, British tourists who do need medical treatment in Canada will find that whilst the level of service is excellent, the cost can be very expensive. The UK Government recommends that visitors to Canada have travel insurance as well as access to emergency funds to meet any immediate expenses and the cost of returning to the UK if needed. You can access emergency treatment either through the ambulance service, hospital emergency rooms, or some walk-in clinics. In addition, many resorts and larger hotels will have medical services they work with. If you are injured in Canada and require emergency treatment, you should notify your insurance provider of what has happened and what treatment you may require. The Government has a helpful guide on how to plan you level of travel health insurance cover.
In the UK the general amount of time in which you can bring a personal injury claim is three years after the event, or three years from the discovery of harm caused. Depending on the circumstances of your accident and injury, and where they happened, holiday illness claims in Canada can have different time limits than in the UK. We have researched what the time limits are for making holiday accident claims in Canada and added them to this table below. Canada has several different administrative divisions or states.
|Type of injury or illness||Time limit within which to make a claim|
|Personal injury compensation claims for harm caused or illness suffered as a result of action or negligence on the part of your package holiday provider. This may include parts of your package such as flights, transfers, accommodation, and pre booked excursions or activities booked as part of your package. This time limits is for incidents which happened through a UK tour company.||3 years|
|Taking the state of Alberta as an example: the claims time limit for accidents, such as for a road traffic accident in Canada.||2 years - 10 years
Claims to be made within two years of the accident. Up to Ten years after the claim arose, whichever occurs first.
If your foreign holiday accident happened whilst on a package holiday which was booked through a tour operator based in or operating from the UK, you can claim compensation through the UK courts. Accidents on a package holiday for which you can make a personal injury compensation claim against the travel company include;
- Accidents, or injury in your hotel. This could include slips and falls in the hotel or leisure facilities such as around a swimming pool or food poisoning from a hotel restaurant.
- Injury or harm caused on an activity or outing which was booked as part of the package.
Under the relevant legislation, even if your accident or injury happened outside the UK, as the trip was booked whollely through a UK company, you can make your claim here. If you were hurt or became sick because of the negligence or actions of a package holiday provider, you should inform them straight away of what has happened to you. You can do this either by calling the provider, or informing a travel rep at your hotel.
Emergency contact numbers for Canadian package holiday companies
Virgin Holidays emergency contact number: – USA & Canada +1 800 251 5572
Thomas Cook – 01733 224808
Canadian Affair – +44 (0) 203 829 6745
British Airways – 1-800-247-9297
At Legal Expert we don’t just process claims for injury or sickness on package holidays to Canada, we can also help people who booked their holiday independently. This means that the flights, hotel, and any activities were booked separately and may have been booked through different service providers. If you have booked your holiday in this way, we can still help you to make a holiday accident claim in Canada, but you will not be protected by the same legislation as package holiday travellers. If you were injured on your flight to or from Canada, you will be protected by what is called the ‘Montreal Convention. This international agreement allows people to claim compensation from the responsible airline if they were injured at either their departure or arrival airport, or whilst on a connecting flight.
There are numerous different ways in which people can be hurt whilst on a holiday abroad. The team at Legal Expert may be able to help, no matter the circumstances. However there are some types of accident or ways in which people become injured or sick which are seen more frequently. In the following sections we look at some of the most frequent types of accident abroad compensation claims which are seen by personal injury solicitors in the UK. As well as the types of claim we have listed below, we can also assist with instances of water sports and boating accident, accident claims against rental car providers in Canada, or food poisoning in locations other than your hotel.
If you have been injured or become sick due to staff at your hotel, or contractors operating on the hotel grounds, you may be able to make a holiday accident claim for compensation against either the hotel (if booked independently), or the tour operator (if booked as part of a package holiday). Our personal injury lawyers will be able to provide you with advice on how to make a claim. They can assist with collecting all the evidence required to make a successful claim. Popular resorts or hotels in Canada include the following:
- Chelsea Hotel, Toronto
- Hotel Casino New Nouveau, New Brunswick
- Niagara Falls
- Sparkling Hills Resort
- Temple Gardens Hotel and Spa
- Blue Mountain Resort
The effects of food poisoning can occur between 8 and 24 hours after you have eaten. The symptoms can last longer and depending upon when it happens, it can ruin a holiday. In general, food poisoning is caused by eating food or drinks which have been contaminated in some way. There are many different ways in which food poisoning can be caused, and you should be vigilant whilst on holiday. The causes of this type of illness may include;
- Food not being thoroughly cooked,
- Food being reheated or kept hot in the wrong way,
- Food which has been incorrectly stored,
- Food stuff affected by pests,
If you have suffered the effects of food poisoning on a holiday, contact our team to make a compensation claim with a personal injury solicitor.
Whether at home or abroad, being injured in a fall is one of the most common ways in which people are hurt and need to make a compensation claim. Holiday accident claims for being hurt when slipping over could be caused by slipping on a wet or slippery floor, such as one which has not been cleaned properly, or in an area around a swimming pool. Trips can also be caused by floors on hotel property where the flooring (inside or outside) has not been properly maintained. If you have been harmed due to a trip or fall accident on holiday in Canada, our team could help you to make a compensation claim for injuries sustained.
Skiing is one of the most popular reasons why people visit Canada and is one of the most popular leisure activities in the country. There are numerous ski resorts across Canada, and we have listed some of the largest resorts a little below. If you are visiting Canada for a ski break, or if you intend to ski whilst in Canada, you need to make sure that you have sufficient travel insurance in place. Most standard insurance packages will not cover this activity, and it usually needs to be added on. As skiing accidents and ski injuries can be very serious, the costs of treatment can be very high. You need to make sure your health insurance will cover these eventualities.
There are many different ways you could be hurt whilst skiing and need to make a holiday accident claim in Canada. You could be hurt due to the negligence of another skier, or because the equipment which you were using was faulty or defective in some way. If the accident as not your fault, it is likely that you can make a holiday accident claim. You can find further information about making a ski accident abroad compensation claim in this guide.
The Canadian road network is generally very safe and you can expect to have a similar level of risk of a road traffic accident in Canada as you would in the UK. This is good news for any visitors from the UK to Canada. If you have been involved in a car crash in Canada, you can make a compensation claim within the two year time period allowed under Canadian law (see personal injury claims time limits in the table above).
Road traffic accident statistics in Canada
- Fatalities in 2016 numbered 1,898 persons.
- The total numbered injured on the road in Canada in 2015 was 10,322.
- There were a total of 5.2 people per 100,000 people in the Canadian population.
- The age groups most likely to be injured in a car crash in Canada were 25 – 34 and 35 – 44 years.
The leading cause of car crashes in Canada is currently identified by the Canadian Department of Transport are distracted drivers, those who are fatigued, drink driving, and driving aggressively. If you you have been involved in a road traffic accident in Canada and need to make a claim for an accident in a hire car abroad, please contact our personal injury lawyers today.
As a personal injury solicitors service, we are able to offer you a free initial consultation in which we can review what happened to you whilst abroad, who was responsible, and whether you could be able to make a compensation claim. If you have been injured whilst on holiday or otherwise travelling abroad, making a compensation claim for your injuries in the England and Wales court system can be more complicated than other types of claim. In many instances you can use a solicitor who is based in the UK to make a compensation claim for an accident, injury, or harm suffered whilst in Canada. We have included further information on how to make a compensation claim for an accident which happened abroad in this guide. Making a compensation claim through a no win no fee solicitor who is based in the UK can make it much easier. You will not need to worry about differences in time zones, or language barriers (this could be the case in the French speaking state of Quebec).
One of the major benefits of making holiday accident claims in Canada with Legal Expert is that we can offer you services through a no win no fee solicitor. So, what is a no win no fee claim, and what are the major benefits of this type of service for claimants?
A no win no fee solicitor will provide their services through a conditional fee agreement. This is an agreement between the solicitor and the claimant. It means that both parties agree upon the conditions in which the solicitor will be paid, such as when and how they will be paid, as well as how the fee will be calculated. The contract will state that if the solicitor does not secure the claimant any funds in compensation, the claimant will not be required to pay for any of the solicitors services. The solicitor will have assumed the risks in this transaction. As well as not having to pay until you have been awarded compensation, there are additional benefits of this type of contract. If a solicitor has agreed to take on your case on a no win no fee basis, it means that they are very confident in being able to secure you a settlement. This is because without this they will not be paid. But we believe that perhaps the greatest benefit of using a no win no fee solicitor is that no matter your financial circumstances, you can take action and make a holiday accident claim.
The most popular travel and holiday destinations in Canada
City break destinations
- Quebec City
Great lakes and coastal resorts
- Lake Louise
- Niagara Falls
To make holiday accident claims in Canada with experienced personal injury claims experts, contact the team at Legal Expert. After being involved in an accident or becoming sick you should not hesitate to contact our team to start getting the compensation that you deserve. There are several different ways in which you can contact our team. You can do so via these methods.
Ways to get in touch
We are looking forward to answering your enquiry.
If you require emergency assistance from the British Embassy or any consular services whilst in Canada, you can do so at the following locations. We have also included links to UK Government healthcare advice for Canada.
British High Commission Ottawa
80 Elgin Street
Ottawa Ontario K1P 5K7
Tel: +1 613 237 1530
British Consulate-General Toronto
777 Bay Street, Suite 2800
Tel: +1 416 593 1290
Fax: +1 416 593 1229
Further advice on healthcare for tourists in Canada as provided by the NHS.