Holidays have long been the perfect solution for those seeking to escape the stresses of everyday life. People will work all year, putting money aside for their fortnight in the sun to enjoy themselves and let their hair down. When they do so, they fully expect their well-deserved time away to be pleasurable, relaxing and free from any problem whatsoever. For the vast majority of the time, this is undoubtedly the case.
However, not all holidays go completely according to plan as many often end with holidaymakers being injured as a result of being involved in accidents that were the fault of someone else. Despite this, it’s comforting to know that laws exist to ensure that you can claim compensation if you are ever unfortunate enough to suffer an accident while on holiday in the United Kingdom or overseas that wasn’t your fault. If you have and your holiday was booked as part of a package with a company registered in the UK, you may be eligible to make a claim.
How do I make a holiday injury compensation claim?
To make a holiday injury claim, you must fulfil certain criteria. Vitally important in making any personal injury compensation claim, not least a holiday injury claim, is the establishment of where the blame for the accident lies. The reason for this is that the accident must have been the fault of someone else for you to have any realistic chance of claiming the compensation that is rightfully yours.
Another important thing to consider when making holiday injury claims is the length of time since the accident. This is because the deadline for personal injury compensation claims being made in the United Kingdom currently stands at a maximum of three years. That’s why it’s so important to make a claim sooner rather than later. Doing so will also increase your chances of making a successful claim as key details are much more likely to be fresh in your mind.
Who will the claim be made against?
It is often more difficult to make a holiday injury claim simply because so many of us are now choosing to holiday abroad as opposed to at home. Travelling to foreign countries inevitably means that you are entering a completely different jurisdiction with different laws and this is where problems arise. However, legislation such as the Package Travel, Package Holiday and Package Tour Regulations of 1992 provides for claims to be brought against anyone responsible for the accident that caused your injury or illness.
If your holiday was booked as part of a package, your claim for holiday injury compensation could be brought against the company with whom the holiday was booked or the travel agent. The reason for this is that it is they who owe you a duty of care and must ensure that your accommodation is both hygienic and safe and that you are not exposed to the danger of any kind. Alternatively, your claim could be made against the owner of the property or business on which the accident occurred.
What are the most common holiday injuries?
There are some different injuries that it is possible to sustain while on holiday. It’s for this reason that, should you be unfortunate enough to suffer an injury as a result of a holiday accident, you will require a holiday injury lawyer with all the skills necessary to apply to your individual needs and circumstances. There are many different accidents that occur on holiday that leave victims requiring the services of a holiday injury solicitor. The most common of these include:
- Slips, trips and falls
- Falls from the balcony of the apartment or other locations
- Aviation accidents
- Swimming pool accidents
- Road traffic accidents
- Skiing and other sporting accidents
- Accidents at sea
- Accidents on day trips and excursions
- Accidents resulting in death
In addition to these kinds of accidents which are mainly holiday-specific, it is also possible for holidaymakers to suffer accidents that commonly occur at home and in other scenarios. For a full listing of all the different parts of the body that it’s possible to injure whilst on holiday, you can click here to go straight to out Types of Bodily Injury page where you’ll find other additional details regarding treatment options and the typical amounts awarded for injury to them in different degrees of severity.
After suffering a holiday injury
After suffering a holiday injury, you should always seek medical help even if you feel alright. If you can, you should take the names and contact details of any eyewitnesses who can testify at a later date that your accident was not your fault while you wait for the ambulance to arrive. You should also consider taking photographs of the hazard that was responsible for your injury and making notes of exactly where and when the accident happened as doing so will undoubtedly help your case.
If you are taken to the hospital, the doctors treating your injuries will note them down in your medical records. This will, therefore, ensure that both the severity of your injuries is lessened and that you also have the additional evidence in the form of notes from medical professionals detailing the injuries caused by the accident which was caused by somebody else’s negligence. Doing all these things will ensure that you give yourself the very best possible chance of making a successful holiday injury claim.
What factors determine how much I could claim?
There are some things that will determine how much you could claim for a holiday injury. Perhaps the most important of these is the overall extent of the injuries you have suffered as sums increase the more severe injuries tend to be. As all personal injury compensation claims hinge on where the blame lies, it is imperative that you are capable of proving that you weren’t to blame for your accident.
If you were to blame, there is a strong possibility that your claim will fall at the first hurdle because you will be deemed as responsible for your actions. This may also be the case if there were sufficient safety warnings at the site of the accident. However, if there weren’t adequate safety warnings, the owner of the property on which the accident occurred will be deemed liable, and it will be much more likely that you receive a settlement of some amount.
How can compensation help?
Holiday injury compensation can help in any number of different ways. If your claim is successful, the money can be used in a variety of different ways to help you get back to living as normal a life as possible again. If you have suffered a spinal injury or trauma to your legs, the likelihood is that you may have been left with some degree of disability. If this is the case, you may have had to make specific adaptations to your home and car to help you cope better with your new circumstances.
In addition to this, compensation can also pay for any private medical treatment you may have chosen to receive and, if you have had to travel to medical appointments, it can also cover those costs as well. Perhaps most importantly, compensation can pay for the general pain and suffering and loss of enjoyment you have had to endure. Along with the rest of your evidence, retaining all receipts and invoices for all expenses will help your case immensely and will illustrate just how inconvenienced you have been as a result of the injuries you’ve received because of your accident.
Tylers can help
Tylers has many years’ experience helping victims of accidents while on holiday claim the compensation they deserve. We are trusted solicitors and have helped clients nationwide rebuild their lives after suffering serious personal injury. Over the years, we have come to understand just how distressing suffering any personal injury can be. Holiday injuries are no different in that regard. In fact, they can be amongst the worst and most traumatic it is possible to suffer at a time when we are perhaps at our most inhibited.
Our holiday injury solicitors will do all within their power to fight your case and secure you with an amount that adequately compensates you for the hardship you have suffered. While stopping short of turning the clock back, compensation can at least put you back in a financial position as close to the one you were in before the accident happened. So don’t leave it any longer, get in touch with our holiday injury lawyers today to start your claim.
If you have suffered an injury as a result of an accident while on holiday, then you may be able to make a claim. Call Tylers today on (freephone): 0800 699 0079 to see if you can make a claim today.