Although an overseas holiday would be a welcome break, sadly some end in misery with holidaymakers sustaining an injury or illness whilst overseas. This can often be distressing due to unfamiliar circumstances and language barriers.
If you or one of your family members is injured or ill when abroad, you may be entitled to compensation. The compensation claimed may also cover the cost of treatment, rehabilitation and loss of earnings plus other out of pocket expenses.
What can you claim for?
If you can prove that another party was responsible for your injury or accident you could be entitled to compensation. This could include a sporting injury such as a water sport accident, a slip or trip, a road traffic accident, food poisoning, an accident due to poorly managed facilities in a hotel or tourist attraction, a skiing injury, cycling accident or injury suffered on a cruise ship or aeroplane.
What to do if you have an accident or injury abroad
If you are involved in an accident report it immediately and if appropriate notify the local police. Contact your travel agent and representative if you are on a package holiday and seek medical treatment as soon as possible and retain all receipts. If travelling independently, notify the airline or hotel. If there were witnesses obtain their details plus any photographic evidence. The more information and evidence you can provide, the more likely your claim will succeed.
When can you claim?
In the UK you have three years from the date you sustained your injury or illness to make a claim. If a child suffers an injury then the time period starts to run from their 18th birthday. If you booked your holiday with a tour operator, this time limit will apply. The time frame for accidents on a ship or aeroplane is shorter and is set at two years. However, if you booked your holiday independently then the rules of the country you were visiting will apply. For example, in Spain you have just one year to start proceedings.
Package holidays booked with a tour operator are covered by The Package Travel, Package Holidays and Package Tour Regulations 1992, and your claim will be covered by them. As your claim is against the tour operator or insurer, depending on the circumstances, your claim will proceed in this country rather than the legal system of the country where the accident occurred.
If you booked your flights and accommodation separately, they will not be covered by the same regulations as package holidays and claims are handled differently. It is still possible to bring a claim and we will work with legal professionals based in the relevant country to bring your case to a successful conclusion.
NV Legal recently settled a case for £8,614.58 after a client jumped into a pool in Ibiza and impaled his foot on a rusty spike which was on the pool floor. CLICK HERE to read about the case.
Solicitors at NV Legal are experts in holiday accident claims. For a free consultation to discuss if you are due compensation call 03330 112732 or visit www.nvlegal.co.uk