Despite the economic climate, overseas holidays remain popular and when you go abroad, it should be a time for rest, recovery and relaxation.
Unfortunately, each year, thousands of people have accidents or they are taken ill, leaving them with an altogether different memory of their holiday.
Holiday injuries are a complex and difficult area and it is particularly important that you seek advice from specialist lawyers such as Wake Smith, who are experienced in such claims, and can help you.
Wake Smith Personal injury Lawyers, David Brown and Kevin Bostock, look at what you can do if you are one of the unlucky people who suffer an accident or are taken ill whilst on holiday and how you may be able to claim compensation.
Kevin said: “The first thing to be aware of when you are abroad, is that your accident or illness can be made more complex by the legislation in the country you are holidaying in.
“You might be simply travelling in a car, on a bus, by motorcycle or in a taxi when disaster strikes.
“Or you might suffer an accident in your hotel or apartment complex, involving defective paving leading to tripping and slipping injuries, smashed patio doors with non EU Safety Glass fitted, faulty appliances etc”
“You might be trying out a new type of water activity which ends in disaster and serious injury”.
“Or you might be injured on a day excursion or suffer from food poisoning, a common occurrence which can often have a big impact on your holiday as a result.
“What about if you were injured or taken ill before you have even reached your destination? You might be hurt on a plane, a ship or a coach on the way there! In such cases, different laws may apply and you should seek expert advice just as soon as possible.”
What should you do if the worst happens?
“It is vitally important you ensure you report any incident as soon as possible.”, says Kevin. “You can report it directly to your holiday representative, but you can also report it to the hotel or apartment complex that you are staying at, particularly if it occurred on their property.
“If you are involved in a road traffic accident you should report it to the local police. In fact, it is safe to say that you should probably report it to as many officials as you possibly can! That way, your solicitor is in a better position to be able to contact the various agencies later to verify the details of your accident. In addition, you should also try to take the details of the people to whom you have reported the accident as this can make it easier to contact them later.
“We also advise you keep a personal account of what happened. Write down a description of the events in your own words and in as much detail as you can. Often, the sooner you do this the better as some details are inevitably forgotten over time. Details of witnesses are also very useful.
“As you are on holiday then you may well have a camera with you. It is advisable to take photographs of the scene of the accident, as these can be used later to back up your claim”.
“Perhaps most importantly, you should seek medical attention as this will highlight the severity of your accident and provide another avenue of official confirmation”.
“Finally, when you return to the UK you should seek legal representation as soon as you can. Delays can sometimes hinder the claim process and cast doubt on the severity of your claim, so the sooner the better.”
What if you are injured on a package holiday?
David said: “If you have booked a package holiday through a tour operator in the UK and what you were doing at the time of the injury was part of that package, then you may be able to make a compensation claim against the tour operator for your injuries and any other related financial losses. In this situation, the claim would fall under the jurisdiction of the UK courts.
“Under the Package Travel, Package Holidays and Package Tours Regulations 1992, a tour operator can be held responsible for all of the services provided as part of a package holiday. This can include the hotel accommodation (including the food provided) and any facilities such as swimming pools, cruises, air travel, coach or car transfers and excursions booked as part of the main holiday package. The regulations relate to all package holidays, both abroad and in the UK.
“Often, your tour operator will provide you with full details of what they can and cannot be held accountable for. So it really is one of those times when reading the small print is a worthwhile exercise”.
“Ensuring that you have insurance, medical cover and that all your paperwork is in order before you go on holiday is also vital”.
“If you are injured seek advice from a specialist lawyer experienced in such claims. We are happy to offer you initial advice on whether you may have a valid claim entirely without obligation, and will assist you throughout the claims process if you decide to go ahead.”
For further information about pursuing a claim for personal injury, including a claim arising from holidaying abroad, please contact David Brown at [email protected] or Kevin Bostock at [email protected] or call 0114 266 6660.
