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Ultimate Guide to Holiday Accident Claims

Although an accident is the last thing that comes to your mind when you’re about to board a plane to go on a holiday, they happen more often than you think. And sadly, they can turn your long awaited break into a nightmare.

You can obtain compensation for a travel injury, regardless of whether the purpose of your trip was for work or pleasure. No matter how the accident occurred and whether you were partly at fault for the accident, it is crucial to speak to a lawyer in order to establish whether you have a valid claim and if so, get advice on how to best proceed with a claim.

At Jones Whyte, our specialist team of Holiday Accidents lawyers will ingather all the relevant information; assess your individual circumstances, guiding youthrough the process of howto recover compensation for an accident that occurred on a holiday

Travel Claims

Types of accidents

There are various types of compensation you can claim for accidents overseas, ranging from minor to serious injuries and include accidents in a hotel, road traffic accidents, accidents whilst traveling by air, slip and trip accidents, accidents at sea, fatal accidents as well as many others.

Road traffic accidents abroad

If you have suffered from an injury as a result of a traffic accident abroad, it is essential to speak to a solicitor to obtain the necessary advice on how to obtain compensation for the injuries. Compensation can be obtained for injuries suffered in a car crash, motorbike accident and bicycle accident, on a coach trip or if you were injured as a pedestrian. No matter how you suffered an injury, it is crucial to speak to a team of solicitors who can discuss your individual circumstances with you and ensure you get best compensation.

Accidents at sea

Accidents at sea can include accidents, which occurred abroad whilst you were on a boat trip or a cruise ship, if you were scuba diving or had any other water sports accidents.

You will be able to claim compensation if you slipped or tripped due to either a slippery surface, had a collision with any obstacles or due to missing safety equipment.

Like any other accident claim, it is essential for your lawyer to prove that the injury was caused to at least some extent as a result of negligence of the holiday company, any agents or crew on board.

If one the other hand you were not a passenger of a cruise ship or a boat and instead a crewmember and you suffered from an injury, you may be in a position to claim compensation for an accident at work. For further details on guidance on how to claim if you were injured whilst working on abroad, please contact our specialist team of solicitors.

Slip & Trip Accidents Abroad

Accidents due to a trip or a fall are very common on holidays and they often happen near a swimming pool, falling anywhere on the grounds of a resort or a hotel or when either boarding or leaving an aeroplane.

If you have suffered from an injury, you will be able to claim compensation and therefore it is crucial that you contact a team of lawyers who can assist you with the legal process involved.

Hotel accidents

Whether you suffered from an injury whilst you were staying at a hotel on holiday or simply visiting a hotel, attending a function or a conference, you will be able to claim compensation.

Examples of hotel accidents can include slips or trips, swimming pool accidents, falls from balconies or even injuries a result of defective equipment at the hotel.

If you have suffered from such injury, you will need to take a number of steps in order to claim compensation. Obtaining the necessary evidence to prove injuries you have suffered as well as the evidence in relation to the negligence on the part of hotel is essential.

Generally, where possible, it will be useful to take photographs of the scene of the accident and the location, ensuring that you have informed all the relevant parties of the accident and when as well as what time it occurred. It will also be beneficial to obtain copies of your medical records of any treatment you have received as well as a discharge summary.  In addition to this, it will be useful to take note of the names and addresses of witnesses and enquire whether they would be happy to assist with your case.

What is involved in the claim process?

Foreign accidents claims are different to Scottish injury claims and therefore can be very complex. It is crucial to obtain legal advice from an experienced law firm.

If you have booked a package holiday, you will most likely have protection under the consumer legislation Package Travel Regulations.

There will be certain criteria that will need to be met before you can make a claim for the accident. For example, the accident will need to have taken place either at your hotel, some sort of excursion or any tourist service booked as part of your holiday. You will be in a position to make a claim against your holiday package organiser if it can be proven that their representatives abroad were negligent and have failed to provide a safe environment for you and your family.

Normally, you will be able to make a claim for an accident as long as long your holiday package included at least of the following components:

  • Accommodation
  • Transport
  • Transfers
  • Any other tourist services that can be regarded as a vital part of your holiday package

If you have not booked a package holiday, you might still be in a position to claim compensation for your injury. Your lawyers will need to review your holiday documents following which they will be in a position to determine which jurisdiction the claim should be pursued in. Normally, a claim will be decided in accordance with the law of the country where the accident has occurred. In addition to this, your lawyer will specify whom the claim should be made against.

Once it is established that you have a valid claim, your lawyer will discuss in detail how the accident occurred allowing them to develop a better understanding of the injuries you have sustained and the impact the accident has had on you and your lifestyle.

At this stage, your lawyer might be in a position to indicate to you how much compensation you should roughly expect.

Having then had an opportunity to discuss the basis for your claim and making sure that you are happy to proceed; your lawyer will make contact with the third party. They will either accept or deny liability for the accident.

If the former then your lawyer will be in a position to negotiate with them the best possible outcome for you in terms of the compensation. If the latter, then your lawyer will have to begin court proceedings, working towards establishing that you have sustained injuries as a result of third parties negligence and are therefore entitled to compensation.

 How long will my claim take?

It is always difficult to determine how long each claim will take as every case is different. Some cases are simpler and some are more complex.

In certain circumstances, cases can be settled in less than a year whereas some can take up to a number of years. Each claim is different and there are individual circumstances surrounding them. There are also factors such as analysis of the evidence from the accident as well as the extent of the injuries sustained and even determination of liability for the accident. They all can contribute to the length of time it will take to settle the claim.

Your lawyer will communicate with you throughout the entire process, updating you on the progress of your claim and after your initial meeting they should be in a position to indicate how long it will take for your claim to settle.

 How will I get my compensation?

 Compensation is normally paid out either via one, final payment or interim payments.

How you will receive your compensation will depend on the individual circumstances surrounding your case and whether there are certain factors satisfied.

Although one final payment is a very popular method of compensation, it is also possible to obtain interim payments.

Interim payments might be suitable for someone who is unable to work due to the injuries they have suffered as a result of the accident and have no source of income. They are however only possible if the chances of success in court proceedings are very high and if they satisfy the necessary requirements.

Once your lawyer has had an opportunity to analyse your case, they will be able to confirm with you the method of compensation you will be most likely to receive.

How much compensation will I get?

 As mentioned above, every claim is different and therefore in order to get an idea of how much compensation you will receive, it is best to speak to a team of lawyers to obtain an indication of how much your claim will be worth.

Generally, compensation is paid out for the level of injuries you have incurred as well as any loss you may have suffered as a result of the accident.

There are four categories that outline how much compensation should be awarded for the injuries incurred.

Firstly, an individual will get solatium. This is known as the compensation for the nature of the injuries incurred by an individual. Secondly, compensation is awarded for any loss of earnings an individual might have incurred. Thirdly, compensation is awarded for any other financial losses, which might have been incurred as a result of the accident. Lastly, compensation is awarded if assistance was required from family or friends or anyone else to complete any housework and other chores on behalf of the individual who was injured.

Your lawyer will carefully analyse all four categories and factors surrounding your accident and will be able to estimate how much compensation roughly you should be entitled to.

Although in Scotland normally your time limit to make a claim is 3 years, for accidents abroad it is a time limit of 2 years that applies. If you have suffered from an injury whilst you were on holiday, it is therefore essential to act fast and obtain legal advice at an early stage.  At Jones Whyte, we understand that accidents are a stressful time. Our travel claims lawyers have extensive experience in dealing with holiday accident claims and will provide you with professional and approachable service, allowing you to take a step back and concentrate on getting better.

To discuss your individual claim, please contact our team today.

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