Holiday accident solicitors

If you have had an accident or suffered an illness whilst abroad, which is not your fault, you may be entitled to compensation.

Our dedicated personal injury claims team have acted for many people who have been injured in car or sports accidents whilst abroad, or have been injured whilst working abroad or as a result of poor maintenance. Whatever the circumstances of your accident, you may be entitled to make a holiday claim for compensation.

We are a leading law firm specialising in accidents abroad claims, including holiday claims. We have represented accident victims for well over 30 years and have a dedicated team of lawyers who are able to provide advice which is clear and jargon free.

Our priority is to work closely with the injured person and their family to investigate the claim, liaise and negotiate with defendants and their insurers, and keep you advised every step of the way. We have a global network of specialist lawyers, barristers and expert witnesses to support us in securing the best possible outcome for our clients.

We are members of PEOPIL (Pan European Organisation of Personal Injury Lawyers) a not-for-profit organisation to improve and promote judicial co-operation and mutual knowledge of legal and judicial systems of European jurisdictions in the field of personal injury law.

Why choose Boyes Turner?

Holiday claims can be complex and complicated and always involve considerations to jurisdiction issues and applicable law issues.

We have represented accident victims for well over 30 years. The UK’s leading legal commentators Chambers Guide to the Legal Profession and The Legal 500 consistently rate us as one of the leading firms in the country for helping people, who have had accidents or sustained injury that was not their fault, get maximum compensation. Importantly, all of our lawyers are highly professional and supremely effective in securing the best outcome for clients in the minimum time.

 

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Types of accident abroad claims

Every year thousands of people are injured abroad. The types of accidents abroad are varied and include accident at work claims, road traffic accident claims and holiday claims.

Accident at work claims

Many people suffer accidents, injuries or illnesses while working abroad. If you or your loved one have been unfortunate enough to be a victim of an accident or illness while working abroad, we would be happy to investigate a possible claim on your behalf. We will advise you on the best place in bringing your claim.

The general rule is that a claim should be brought in the country where the accident occurred, however it is sometimes possible to claim here in the UK. We will explain all possible options open to you.  The place where you bring your claim will affect the amount of the compensation you are likely to receive. The laws relating to liability, costs and funding differ in different countries and can make a significant difference to the overall outcome of your case. We will give you the best advice as to the available options open to you.

Some countries have shorter limitation periods to bring a claim and in some of them you can only claim within a year from a date of an accident so it is important that you contact us as soon as possible after suffering an accident at work whilst abroad.       

Road traffic accident abroad claims

If you have been injured in a road traffic accident abroad, either as a driver, passenger, pedestrian or cyclist and the accident was not your fault, you may be able to bring a claim for compensation. You may be able to bring your claim in the UK directly against the driver’s insurers or their claims representatives in the UK.  

Since the introduction of the 4th and 5th EU Motor Insurance Directives and the Rome II Convention, it is much easier to make a claim for a road traffic accident which occurred in the EU or EEA. It is now compulsory for EU insurer to appoint UK representatives to handle claims which involve UK holidaymakers injured in RTAs.

If you have been injured by an uninsured driver or if you have been a victim of a ‘hit and run’ involving an untraced driver, you still may be able to bring a claim through the Motor Insurance Bureau (MIB).

Holiday claims

The Package Travel Regulations 1992 allow anyone who has suffered an injury or illness abroad to make a claim for compensation against a tour operator in the UK. If an accident or illness is caused by the failure of a tour operator or its suppliers to properly perform the package holiday contract, then you will have a claim for a breach of contract under English Law or the Supply of Goods and Services Act 1992.

This is beneficial because compensation recovered under English Law is generally better than compensation awarded in other countries.

Do the Package Travel Regulations 1992 apply? You may be entitled to make a claim for compensation against a tour operator in the UK under the Package Travel Regulations 1992 if:

  1. The package holiday was sold or offered for sale in the UK;
  2. The package holiday included a combination of at least two out of:
  1. Transport;
  2. Accommodation;
  3. An additional significant tourist service.
  1. The holiday was prearranged;
  2. The holiday was sold or offered for sale at an all-inclusive price, and
  3. The service included overnight accommodation or covered a period in excess of 24 hours.

We have dealt with a variety of holiday claims including:

  • Hotel accident claims

Injuries are often caused by slips and trips at a hotel or in the hotel grounds, falls from defective balconies or falls and trips in the bath or shower.

  • Swimming pools accidents

Hotel swimming pools can be badly maintained and common accident causes include broken tiles, badly marked pool depths or defective pool drainage and filtration systems.

  • Skiing/snowboarding accidents

You may have a claim if your accident was caused by defective or inadequate equipment, lack or inadequate training or supervision. 

  • Scuba diving/jet skiing accidents 

Injuries are often caused by poorly maintained equipment or inadequate equipment, lack or insufficient supervision.

  • Accidents at sea claims

If you had an accident whilst on board a Cruise ship, you may have a claim for compensation. Injuries are often caused by trips and slips, or you can get injured on organised excursions.

Holiday accident and accident abroad claim FAQs

  • Are there any time limits for making a holiday accident compensation claim?

     Yes. Some countries have shorter limitation periods to bring a claim and in some of them you can only claim within a year from a date of an accident so it is important that you contact us as soon as possible.

  • Who do I bring my claim against?

     If your accident occurred during a ‘package holiday’, regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992, then you can bring a claim against your Tour Operator and courts of England and Wales will have jurisdiction to deal with your claim.

  • What should I do if I was injured?

     If you have been unfortunate enough to suffer injuries because of an accident abroad, please contact our specialist lawyers who may be able to assist you in bringing your claim. Establishing liability can be tricky, due to jurisdiction issues, it is therefore essential that you seek legal advice from a specialist lawyer. Please gather all necessary evidence which may help in bringing your claim and seek medical attention to have the extent of any injuries sustained assessed by a medical professional.

    You should in particular report your accident to your tour operator and the hotel and service provider, take photographs of your injuries and location of your accident or take video footage, obtain witness details and details of other holiday makers who were affected by the accident.

  • What can I claim for?

     You can claim for pain and suffering attributable to the injuries sustained. These are called ‘General Damages’. They are not capable of precise calculation and the amount will depend on the nature and extend of your injuries. They also include any psychological suffering and loss of amenity, which is the loss of ability to lead and enjoy a full life.

    You can also claim for so called ‘Special Damages’ which are financial losses suffered as a result of the accident. They can include loss of earnings, travel expenses, medical expenses and care and assistance costs.

  • Why should I make a claim for an accident abroad?

     Bringing a claim will ensure accountability for the person or organization responsible for your accident or illness. We will recover compensation for your injury, including psychological injury or if you did not enjoy your holiday due to illness or injury. We will also ensure that you recover any out of pocket expenses such as medical treatment, travel costs (for example taxi fares or rearranged flights), or care and assistance.

  • Who pays my legal fees?

    A.   We may be able to enter into a ‘Conditional Fee Agreement’ with you, which is commonly known as ‘no win no fee’.

Thank you again for everything, I am so happy that I can finally look towards the future and start drawing a line under the accident and putting it in the past where it belongs...I don't think I've felt this happy in ages, it's like a massive weight has been lifted from my shoulders just knowing that it's all done.

Miss M, London 

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