13 October 2020

Personal Injury and Clinical Negligence Part 8 – Holiday claims

Holiday claims

In Part 8 of this series of articles, we answer your questions about bringing a personal injury claim following an injury whist on holiday.  Whilst this year less people may travel abroad, some are still doing so whilst others enjoy a vacation in the UK.

We often receive enquiries from holiday makers who have been injured while on holiday.  Holidays should be relaxing and enjoyable but they can be ruined if you or a family member are injured while you are away.

What should I do if I have an accident or get sick whilst on holiday?

  • Report the accident to the responsible party such as the hotel manager and the holiday company who organised your holiday as soon as possible and make sure an entry is put in the accident book so that a record is made.
  • Ask for a copy of the accident report.
  • Take photographs of the area where the accident occurred and if possible take measurements of any defect, such as a trip hazard by a swimming pool, that caused you to fall or slip.
  • If there is any CCTV footage, request a copy and request that the footage is retained.
  • Speak to anyone who may have witnessed the accident to see if they are able support your version of events.
  • Seek medical attention as soon as possible.
  • Keep any receipts in respect of any expenses you may have incurred as a result of the accident including prescriptions, parking charges, damaged clothing and any treatment costs.
  • Keep a diary of events including how your injuries are progressing, what care and assistance you require and what impact your injuries are having on your home and working life.

How long do I have to start a personal injury claim?

You normally have 3 years from the date of an accident in the UK to make claim.

If you go on a Package holiday, the Package Travel Regulations 1992 apply which has a 3 year limitation period.  However accidents on ships are governed by the Athens Convention with a limitation period of 2 years. Accidents on board aeroplanes are governed by the Montreal Convention where the limitation period is 2 years.

Accidents in the USA have limitation periods that vary from State to State.

It is important to contact us as soon as possible for advice so as not to miss a deadline to bring a claim.

How much compensation will I receive?

The amount of compensation that you will receive will depend upon the seriousness of your injury and the financial losses that you have suffered. We will consider the Guidelines issued to Judges and Case law to value your pain and suffering as well as assessing all past and future losses and expenses.

How long will my claim take?

The length of a claim depends upon the injury you sustained and the recovery time . It also depends on whether the responsible party was insured and whether they  admit they were to blame or deny liability.

In Part 9 we will answer your questions about bringing a claim as a result of professional negligence by an adviser.

If you need any help or advice then please contact our experienced and knowledgeable personal injury lawyers Domini David and Julian Monk.

our lawyers deliver an excellent quality service, independently recognised by The Law Society and our many returning clients.

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