Holiday Accident Abroad Claims Guide – How Much Compensation Can I Claim?

Being injured whilst on holiday abroad is probably the last thing you expected when planning your trip. However, accidents and injuries do happen when on holiday. Being injured abroad can be stressful. In addition to the trauma caused by your accident and injury, you are going through this whilst in an unfamiliar location.

In this guide we look at how and when you could make an accident abroad compensation claim. We look at eligibility criteria to claim compensation. We also look at the types of accidents you could claim for.

Next, we look at how to make a claim, before looking at how long the claims process could take. Finally, we look at how compensation claims are calculated and how a No Win No Fee solicitor could help you.

If you have been injured whilst on holiday abroad which was not your fault, we could help you claim compensation. Our experienced solicitors could help you to make an accident abroad claim. Start your claim by,

• Using the online chat below.
• By calling our team on 0800 073 8804.
• Or, make a claim online.

Browse Our Guide

• Could I Claim Accident Abroad Compensation?
• What Types Of Accidents Abroad Could I Claim For?
• How Do I Claim Accident Abroad Compensation?
• How Long Will A Holiday Accident Claim Take?
• What Accident Abroad Compensation Could I Receive?
• What Is A No Win No Fee Accident Abroad Claim?
• Learn More About Personal Injury Claims

Could I Claim Accident Abroad Compensation?

According to the Office for National Statistics travel trends, in 2022 UK residents made 71 million overseas visits. Whilst the majority of these will be incident free, in some instances, holidaymakers may be injured.

If you have been injured in an accident abroad, you could claim compensation. In this guide we are specifically looking at instances relating to package holiday accidents. Whilst it may be possible to claim if you were injured abroad on a self-booked holiday, you would do so under that country’s legal system.

In order to make a package holiday accident claim, you must show that the package holiday provider was responsible for your accident. The Package Travel and Linked Travel Arrangements Regulations 2018 confer a duty of care on tour operators.

Their duty of care may cover transport and flights booked as part of your package and your hotel. If you pre-booked an excursion or activity as part of the package, your tour operator may have a duty to ensure your safety whilst participating.

In general, you could claim accident abroad compensation if you can show that;

• A package holiday operator owed you a duty of care.
• That this party has acted in a way that breached this duty.
• That you were harmed or injured due to actions or inactions on the part of the holiday tour operator.

Learn more about the holiday accident claims eligibility criteria, by contacting one of our advisors.

What Types Of Accidents Abroad Could I Claim For?

The circumstances of your holiday accident and the injuries you suffer will be unique to you.

Below, we look at some examples of the types of holiday accidents abroad you could claim compensation for.

• Hotels and resorts may have large outside grounds with pathways and outdoor leisure areas. If they have failed to either repair or cordon off broken or damaged paving, you could suffer a slip, trip or fall.
• Inside your hotel, trip hazards such as loose carpet could cause you to trip and fall over.
• Inadequate lighting on a stairway could cause you to trip and fall down a staircase.
• Trip hazards in a hotel lobby or other communal area could cause you to fall over and be injured.

There are many other ways in which you could be injured in an accident abroad. Wet flooring, poorly managed and maintained facilities and excursions could all be hazardous.

If we have not listed your accident above, don’t worry. You may still be able to claim compensation. For help with your accident abroad claim, please speak to one of our advisors. They can discuss whether you could be eligible to make a claim for accident abroad compensation.

How Do I Claim Accident Abroad Compensation?

One of the most important steps you can take is to ensure that you provide ample evidence to prove liability for the injuries sustained during the personal injury claims process.

Steps you could take to collect supporting evidence may include;

• Reporting the accident to the hotel (or other party), your holiday representative and tour operator. You should request a copy of any accident report which is recorded.
• Keep the details of the holiday representative you first reported the accident to.
• Get any medical care you require. This ensures your health is taken care of. You may request copies of medical records showing your injury and treatment provided. You should also keep the details of the facility you were treated at.
• If possible, take photographs which show the scene of the accident, what caused it (such as broken paving) and of your injury.
• Ask for the contact details of anyone who witnessed the accident take place. If possible, they can give a statement later in the personal injury claims process.
• Keep a record of any financial impact the accident and injury had on you. This may include additional travel or accommodation, the cost of medical care or other related costs. Receipts and bank statements may be submitted to help recover these costs as part of your accident abroad compensation.

If you were injured on a package holiday in Spain or any other country you may be able to make an accident abroad claim. Contact our team for a free case assessment.

How Long Will A Holiday Accident Claim Take?

How long an accident abroad claim may take to settle will depend on the unique factors around that case. As such, without assessing your circumstances, we can not say how long individual holiday accident claims may take.

Factors which could impact how long a holiday accident claim takes to settle may include;

• The type of accident in which you were injured.
• How seriously you were injured.
• Your prognosis for recovery, including what treatment you have already had and any which you may require.
• Whether the other party admits or disputes their liability for your accident.
• Whether the claim needs to go to court to be resolved.

We should also note that there is a limitation period in which holiday accident claims must be started.

For an assessment of how long your accident abroad claim could take, please contact our specialist team.

What Accident Abroad Compensation Could I Receive?

Your accident abroad compensation settlement may be made up of general damages, compensating for pain and suffering as well as special damages compensating for financial losses.

Factors which could influence your holiday accident compensation payout may include;

• How severely you were injured.
• What financial losses this caused.
• What impact the accident and injury have had on your life.
• Any costs or expenses you have had to meet.

Below we have taken figures from the Judicial College Guidelines (JCG) which is used by parties involved in valuing personal injury claims. The JCG provides a list of various illnesses and injuries with guideline compensation values for each.

Please note that the first figure does not come from the JCG.

Examples Of Compensation Payouts

• If you suffered multiple serious injuries and are also awarded special damages, you could claim up to £1,000,000+.
• A head injury causing very severe brain damage involving severe cognitive and physical disabilities could attract an award between £344,150 to £493,000.
• The most serious severe leg injuries that fall short of amputation could be awarded between £117,460 to £165,860.
• Severe back injuries (including disc fractures or lesions) may be awarded from £47,320 to £85,100.
• Severe and disabling elbow injuries could be awarded from £47,810 to £66,920.
  Severe hip injuries, such as a fracture to the acetabulum could be awarded from £47,810 to £64,070.
• A moderate neck injury (including a dislocation or fracture) which causes immediate and severe symptoms could be awarded from £30,500 to £46,970.
• A moderate injury to the knee, such as torn cartilage or a dislocation could be awarded from £18,110 to £31,960.
• Simple fractures of the forearm could be awarded from £8,060 to £23,430.
• A dislocated shoulder or other serious shoulder injury may be awarded from £15,580 to £23,430.
• Wrist fractures or soft tissue injuries which take more than a year for you to recover from, could be awarded from £7,420 to £12,630.

Next we look at what special damages may be awarded in holiday accident claims.

Can I Claim For The Long Term Impact Of A Holiday Accident?

Special damages are designed to put you back in the same financial position you were in prior to your accident abroad.

Examples of special damages you could claim for include;

• Travel costs: This may include the cost of travelling to and from medical appointments. In the case of an accident abroad claim, it may also include repatriation costs if you need to get back to the UK for medical care.
• Medical costs: if you are injured abroad, you may have to pay out of pocket for any medical treatment and care you require. Once back in the UK, you could also claim for the cost of any prescription medication you require.
• Lost income and earnings: due to being injured abroad, you may have had to take additional time off work. Any lost income could be included in your claim.

When making compensation claims for accidents abroad, you will need to submit proof such as receipts, invoices and bank statements.

Find out how we could help you to make international personal injury claims for package holidays by contacting our team.

What Is A No Win No Fee Accident Abroad Claim?

If you have had an injury abroad while on a package holiday, our team could help you to make a claim on a No Win No Fee basis.

At Legal Expert our No Win No Fee solicitors could help you to claim for a hotel accident in Spain or another country. If they think that you have a strong claim, they could offer to provide their legal services under a Conditional Fee Agreement (CFA).

Under a CFA, a solicitor will not ask you to make any upfront payments for their services. You will also not have to pay for their work whilst it is being carried out. In the event that your holiday accident claim isn’t successful, you will not be charged for their work on your case.

Your No Win No Fee solicitor will deduct a success fee from your accident abroad compensation that has been awarded to you if your claim is successful. This success fee is a percentage that is limited by the law.

Should you have any questions about the accident abroad claim process, please contact our team. Our advisors are ready to handle your claim today.

You can contact an advisor:

• Call us on 0800 073 8804.
• Send a message using our live chat.
• Begin your claim online.

Learn More About Personal Injury Claims

If you have been injured on a holiday abroad, these resources could help you claim compensation.

• Our guide to holiday accident claims in Fuerteventura covers how to claim for a package holiday accident in this resort.
• Learn about holiday injury claims in Antigua and Barbuda and how your compensation could be awarded.
• In this guide we cover holiday accident claims in Florida and how you could claim compensation.

Additional resources.

• Learn more about Statutory Sick Pay in this government guide.
• Find out more about healthcare abroad in this NHS guide.
• How long you have to claim is set out in the Limitation Act 1980.

Thank you for reading our guide to making an accident abroad compensation claim. Please contact us for more information on holiday accident claims.