Accidents abroad compensation claims

When someone is injured in an accident which was caused by the negligence of an individual or organisation, they may be able to claim compensation, even for accidents that occurred whilst they were visiting a foreign country.

Sudden, severe injury is always life-changing, but when it is caused by an accident abroad, getting help becomes even more challenging. In the same way, differences in language, time limits and the laws of different countries can all add to the complexity of the claims process.

The country (or US state) where the accident took place can make a difference to:

• the injured person’s right to make a claim for compensation;
• the deadline or time limit for making a claim;
• where the claim is made and which country’s legal system (or jurisdiction) governs the claim;
• the procedures which must be followed;
• the evidence that is used in the claim;
• the amount of compensation that the injured person may receive.

Compensation claims arising from foreign accidents which caused severe and catastrophic injury to the brain or spinal cord, or major trauma, such as amputation, must be handled by specialist solicitors. We are experienced in securing rehabilitation and recovering high value compensation settlements for clients who have suffered severe injury whilst working, studying, travelling or on holiday abroad.

If you or someone in your family has suffered severe or catastrophic injury in an accident abroad, we recommend that you contact us as soon as possible to speak to one of our solicitors, who will be able to advise you whether you can claim compensation.

Depending on where and how the accident took place, we can help injured clients recover compensation after:

• road traffic accidents (pedestrians, drivers, passengers, cyclists, or motorcyclists):
• accidents on water or at sea (cruise ships, boats, ferries, kayak/canoe, jet ski);
• air travel accidents (commercial flights, helicopters, private aircraft, hot air balloons);
• accidents whilst working or travelling abroad for work;
• sports and leisure accidents (watersports, climbing, diving, paragliding, skiing);
• hotel accidents (unsafe buildings/facilities, swimming pools, electrocution/burns/scalds);
• sightseeing excursion accidents (cable cars, open-topped/open-sided vehicles);
• rail accidents (trains, trams);
• criminal injury.

We specialise in helping people who have suffered catastrophic or severe injury maximise their recovery and rebuild their lives, through timely and appropriate rehabilitation and compensation.

Our clients have usually suffered one or more of the following:

• head injury/brain injury;
• spinal cord injury (SCI) – paralysis, tetraplegia, paraplegia;
• major trauma or multiple injuries;
• amputation;
• severe burns or scalds;
• facial injuries;
• scarring and disfigurement;
• fractures and degloving injuries (needing skin grafting);
• blindness/deafness or other sensory injury;
• PTSD/psychological injury;
• CRPS or chronic pain;
• fatal injury/death.

We also help families and groups of people with claims arising from situations where more than one person was injured in the same accident.

Our experienced personal injury solicitors investigate the circumstances of each client’s accident to ensure that the claim is made against the correct defendant(s) and their insurers. The reason for being abroad (such as, for work or on holiday), the country where the accident took place and the type of accident can all make a difference to how, where, and against whom the claim should be made.

Compensation claims for accidents and injuries abroad may be made against:

• an employer;
• a driver (and their insurer);
• a package tour operator who arranged holiday buildings, facilities, excursions, or transport;
• a travel agency;
• a credit card company;
• the owner of the unsafe resort, hotel, building or leisure facility;
• the airline or pilot (and insurer);
• the cruise operator, ferry operator, transport company or excursion provider;
• the supplier of a defective vehicle or equipment;
• the local authority responsible for unsafe roads;
• the Criminal Injuries Compensation Association (CICA).
• There are also international conventions that give some added protection to travellers who are injured when travelling abroad by air or sea.

The injured person’s right to claim compensation for negligently caused injuries is not affected by whether or not they had their own travel insurance at the time of their injury.

Many foreign legal systems require the injury compensation claim to be made in the country where the accident took place, but in some situations the claim can be made in the UK. For example, if the negligent driver in a vehicle collision was also based in the UK, or the claim is against a UK-based employer for an accident that happened whilst the employee was working abroad, the claim may be made against them here.

If the injury was caused by unsafe facilities on a package holiday which was booked through a UK-based tour operator, the Package Travel Regulations 1992 allow the injured person to make a claim for compensation against the tour operator in the UK.

Where the claim must be made in the country where the accident took place, the rules and procedures may be different, but we work alongside our international agents to handle the claim. It is usually not necessary for our client to attend the foreign court.

Time limits for making claims for injury compensation can vary from country to country and depending on the type of claim. We advise anyone who has been seriously injured abroad to contact us as soon as possible after the accident so that we can preserve their entitlement to make a claim. In cases involving serious injury, the sooner we are involved, the sooner we can secure rehabilitation and financial help for our client and their family.

In some countries, a claim will only be considered if the claim has been reported to the police, the travel company or organisation responsible for the accident, and if the injured person has sought medical help from a doctor or if a statement of facts has been completed setting out how the accident occurred.

An injured person’s compensation depends on the severity of their injury, the impact that injury has on their life and their ongoing needs. In claims relating to accidents abroad, the amount and type of compensation which can be claimed depends on the law of the country which governs the claim. Where the law governing our client’s accident gives our client a choice as to where to pursue their claim, we advise our client on the best approach for their claim.

As with all catastrophic and serious injury claims, the injured person’s access to rehabilitation and full compensation for their injuries also depends on the skill and experience of their lawyer.

We have helped severely injured clients claim compensation for:

• pain, suffering and disability;
• costs of rehabilitation;
• costs of care and case management;
• costs of therapies, including:
  • physiotherapy or physical therapy;
  • occupational therapy (OT);
  • speech and language therapy;
  • hydrotherapy;
  • pain management;
• increased costs of accommodation or home adaptations;
• loss of earnings and pension;
• specialist vehicles, equipment, assistive technology (IT);
• prosthetics (after amputation);
• medical treatment and additional healthcare costs;
• psychological counselling;
• costs of special education (SEN);
• Court of Protection deputyship and special needs trusts;
• funeral costs, loss of dependency and financial losses (in claims for fatal injury).