Accidents Abroad Claims & Holiday Injury Compensation.

Where an accident occurs in another country, there are certain rules to establish whether you can bring the case within the courts of England and Wales. Lanyon Bowdler’s personal injury specialists have supported people who have been involved in accidents in various locations abroad and so are well-versed in the intricacies of dealing with claims in foreign countries.

The specialist solicitors here at Lanyon Bowdler will be able to advise whether your holiday can legally be defined as a package and what the best way forward will be to claim the maximum amount of accident abroad compensation.

It is likely that the law of the country where the accident took place will apply to some aspects of your case. This can mean you only have a year – or sometimes even less – to bring the claim to the courts, so it is really important to speak to a solicitor as soon as you can once you are back home. Which law applies to the case also requires careful consideration as there are a number of exceptions to the general rule.

In most cases, advice may be needed from a foreign lawyer, and our specialists have excellent relationships with expert lawyers and barristers from all over the world who will be able to help with your claim.

Holidays are precious, and we understand the huge disappointment when a holiday is ruined due to accident or illness, through no fault of your own.

Unfortunately, we cannot of course recreate your perfect holiday, but we can take care of a compensation claim for you – helping to pay for damages and any medical fees relating to your accident or illness.

If you are injured or become ill while on a package holiday, you may be protected by The Package Travel and Linked Travel Arrangements Regulations 2018, known as the ‘Brexit Regulations’ for EEA or EU countries. This means the UK-based tour operator or travel agency may be held directly responsible and a claim may be made in the English courts.

A holiday is defined as a ‘package holiday’ when at least two or more different types of travel service for the trip are bought together – such as a flight, coach or train (but not transfers from an airport), and accommodation (such as a hotel, villa or apartment) and car rental.

As booking websites have deals with attractive discounts on offer, buying accommodation, travel, and sometimes activities all together is very common.

The specialist lawyers here at Lanyon Bowdler will be able to advise whether your holiday can legally be defined as a package – and what the best way forward will be to claim the maximum amount of compensation.

Despite package holidays being governed by English law, it can still be important to seek expert advice from foreign lawyers and other professionals. Our lawyers are highly experienced at dealing with claims of this type.

For a claim to be successful it is important to prove that your injuries were caused by someone else. In order to do this, you do the following:

• Take photos and/or video of where the incident took place and exactly what caused the accident
• Report the incident to the manager or another responsible person at the location and request that the details be recorded in their logbook
• Get the names and contact details of any witnesses
• Keep receipts for any expenses you incurred as a direct result of the injuries
• Get a doctor’s report and take photos of your injuries
• Keep a daily diary of events immediately after the accident

The compensation you might receive for an injury or illness abroad is dependent on factors including the nature of your accident, the extent of your injuries, how long it will take to make a full recovery, loss of earnings, and the cost of any medical treatment. The right level of compensation will take into account your pain and suffering, including emotional distress as well as any tangible expenses you have incurred.

Depending on the nature of your claim, you may also be able to recover:

• The cost of flights and other transport
• The cost of hotels
• The days of your holiday ruined by illness
• The loss of enjoyment of the holiday

If you have been involved in an accident involving a group of people while travelling abroad, such as a coach crash, the team here at Lanyon Bowdler could act for all of the injured parties to claim accidents abroad compensation.

These cases are known as group actions, and need a high level of organisation and efficiency – something that our accidents abroad specialists are very experienced in.

One high-profile case which Lanyon Bowdler specialists were instrumental in, was a coach crash in the French Alps involving 23 people. The team successfully recovered more than £1.3 million in damages for the victims, one of whom had a serious brain injury with many others suffering from orthopaedic and whiplash injuries.

If you have concerns that your illness was due to poor hygiene in a hotel or restaurant, it is likely that other customers have become ill too and it might even be possible for you to make a group claim with other affected holidaymakers. Talk to other guests and find out if they have also become sick.

If you discover others with similar experience, take their contact details and ask if they would be willing to provide a supporting statement. Group compensation claims are particularly effective in the case of food poisoning.

The first thing you should do if you have an accident or suffer from an illness abroad is to seek medical treatment. There are a few other steps you can take to ensure you have all the information you’ll need to make a compensation claim.

Seek medical treatment

Your health and optimal recovery are of course the most important things to consider no matter what the circumstances. Visit the local hospital or GP Practice, make sure the treatment is recorded and that you are given a copy of the report. Keep a record of any medication you are given and any costs associated with these including travel costs.

Report the incident

Inform a holiday rep if you have one or report the incident to a responsible person on the premises. Make sure the accident is registered in their logbook and keep the names and contact details of the people you talk to.

Take photos and/or videos

It is important to keep a record of what exactly caused your accident. The easiest way to do so is with photos and videos. Include close-ups and other objects in the scene to demonstrate the size and scale of any defects which caused the accident.

Talk to witnesses

If anyone saw what happened, be sure to get their names, contact details and if possible their agreement to be contacted to make a statement at a later date.