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Holiday Accident Claims In Florida – How To Claim

The state of Florida has always been a popular destination for UK holiday makers because of its sunny climate, golden sandy beaches and of course its theme parks. It’s such a popular holiday destination for Briton’s that inevitably accidents will happen. If you visit Florida and are injured because of somebody else’s negligence, then you could make a claim for compensation. This guide explains how you can claim, what you can claim for and how Legal Expert can help you.

Legal Expert are specialist personal injury solicitor providers who can help with holiday accident claims in Florida and have a team of specialists who are able to help with any personal injury claims in Florida. If you’d like to begin your claim then give us a call on 0800 073 8804 or if you’d like to know how claiming works then carry on reading the rest of this guide.

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A guide to claiming compensation for an injury in Florida, USA

Holiday accident claims Florida

Holiday accident claims Florida

Florida is such a popular destination for UK tourists that nearly 1.5 million of us visited in 2017 which means that accidents and injuries are unfortunately inevitable. If the accident you were involved in was somebody else’s fault, then you can claim compensation from them or the business they work for.

The types of accidents that can happen to British tourists include:

  • Road traffic accidents in Florida. As in all holiday destinations, if you’ve hired a car (or even as a pedestrian) it is possible that you could be involved in a collision.
  • Theme park accidents. Lots of us visit Disney, Universal Studios and Busch Gardens while in Florida and have a great time but people do get injured at Disney World (and the other theme parks) and need to make a claim for compensation.
  • Accidents when participating in adventure sports: Tourists love an adventurous activity while in Florida and take the opportunity to do a once in a lifetime activity but can end up injured in the process if the activity isn’t supervised properly.
  • Slips, Trips and Falls: as with other destinations a slip, trip or fall can occur anywhere on your holiday and if it’s down to somebody else’s mistake or negligence then you could claim compensation.
  • Food poisoning: It is possible for a holiday to be ruined by a stomach infection caused by poor food preparation or storage and lead to temporary or ongoing health problems.

This guide will explain in more detail each type of accident and how it can lead to personal injury claims in Florida. If the accident or injury you’ve been involved in isn’t listed then give us a call and we’ll discuss the details with you.

What should I do if injured or sick in Florida?

If you’re involved in an accident or become ill on holiday abroad in Florida, there are a number of things you should do after the event to help with your claim when you return to the UK.

First and foremost, you will need to get treatment for your injury which we’ll cover later in this guide but it’s important to note that any request for payment should be sent to your insurance provider first.

Once you’ve been treated you’ll help your claim if you can go through the following steps to secure evidence of your accident and prove how it was somebody else’s fault:

  1. Photograph the scene of the accident or obtain video of the accident actually occurring (which could be CCTV or a video recorded on a mobile phone). This makes holiday accident claims in Florida much easier to process as it is a visual representation of what actually happened or how it occurred and where the negligence happened.
  2. Obtain witness statements from anybody who saw your accident happen. This can include friends or family who were with you at the time, but independent witnesses add more credibility to a claim
  3. In the case of a car accident in Florida, you should obtain the other driver’s details, insurance documents and number plate of their vehicle. If dashcam evidence is available from your vehicle then secure it as soon as possible.
  4. In the case of an Orlando theme park compensation claim, you should report the accident to staff and ask that it be logged in an accident log and if possible obtain a copy of that log.
  5. In all cases, if needs be, you’ll need to tell the authorities (police and ambulance where required) and also tell your tour operator or package holiday operator. If possible, it’s worth following up any telephone communication with an email as that’ll give you a paper trail of evidence that you contacted them.

Further information can be found in our guide to claims for holiday accidents and our package holiday claims guide.

If, after reading this guide, you need further information then call one of our specialists who can help with personal injury claims in Florida.

Emergency service contacts in Florida

In the whole of the USA, the emergency services can be contacted on 911 from any payphone or mobile phone. The USA is an English-speaking country, so operators will be able to help swiftly but stay calm and explain fully the situation you are in.

If you are unsure if you need to contact them then the best advice is to pick up the phone and call, the operators are all fully trained and will advise you if they think you need further assistance.

In extreme circumstances (rape, serious assault, passport theft, death and any case that leaves you hospitalised) the British Embassy can help. You’ll find details of the British embassy in the useful links section at the bottom of this guide.

Being treated for an injury or illness whilst in Florida

Florida has some excellent medical facilities available to residents and tourists but, unlike the UK, there is no national health service and even a trip to the Emergency Room (A&E) is likely to cost money.

When tourists attend a hospital for emergency treatment the hospital will likely ask for a deposit upfront before treatment. You should put them in contact with your insurance provider in all cases and only pay the money yourself if your provider advises you to.

Because the cost of medical treatment in Florida is so high we would always recommend that you take out fully comprehensive insurance for any trip to Florida and rather than finding the cheapest price base your decision on what type of medical cover you’ll get if you’re involved in an accident on vacation in Florida.

If you’re unable to speak to the insurance company yourself because your injuries are too severe then ensure that another member of your travelling party is aware of the insurance company’s contact details.

What are personal injury claim time limits in Florida?

As is the case in the UK, holiday accident claims in Florida have strict time limits linked to them and, if you claim too late, then your compensation will automatically be declined.

The table below details the types of claims you may need to make and how long you have to claim from the time the accident occurred.

Edit
Type Of Personal Injury Claim Time Limit For Submitting Your Claim
A personal injury in Florida when booked through a UK package holiday company. 3 Years
A non-package holiday personal injury claim for accidents in Florida ( Check this information with a Florida based lawyer for confirmation ) 2 Years
A non-package holiday personal injury sustained on a flight to Florida ( Check this information with a Florida based lawyer for confirmation ) 2 Years

If you’re not sure if you’ve got time to make your Florida holiday accident claim then give us a call and one of our specialist solicitors, based in the UK, will be able to advise you.

How to get compensation for injury or illness on a package holiday to Florida

Package holidays to Florida are a very popular type of holiday to Florida and are covered by the Package Travel, Package Holiday and Package Tours Regulations 1992. To be classed as a package holiday, rather than a standard holiday or vacation, the operator needs to have provided multiple services to you as part of a package i.e. you bought the flight and paid for the hotel together or you bought the flight, hotel and excursions all from the same operator.

In the case of package holidays, it is important that if you become ill or injured while on holiday in Florida then you must report the accident to the tour operator if you want to make a subsequent package holiday compensation claim and if you speak with them on the phone then it’s worth following up with an email just so you’ve got a record of the contact.

Some of the most popular package holiday operators in the UK offering holidays to Florida include Virgin Holidays, TUI, Thomas Cook, Expedia, Travel Republic, Co-op travel and Airtours. We can deal with package holiday claims against any of these or other operators that we haven’t listed.

Florida illness, injury, and accident claims we conduct

There are a number of common illness and personal injury claims in Florida that we can deal with including, but not limited to, these types of claims:

  • Food poisoning claims – these can be against hotels, restaurants, theme parks and cafes.
  • Slips, trips and falls in Florida – which can happen anywhere during your stay in Florida.
  • Theme park accidents – Disney world accident and injury claims are common, as are other theme parks. Our team are available to work on theme park claims immediately.
  • Hotel accidents – If you’ve suffered an injury while staying at a hotel, big or small, then you could be eligible for a compensation claim.
  • Adventure sport and activity accidents – although there’s an element of risk built into a lot of adventure sports, if you weren’t protected or trained properly and suffered an injury then you could claim compensation.
  • Road traffic accidents in Florida – If you’ve been involved in a collision in a vehicle or as a pedestrian and it wasn’t your fault then you’re likely to be able to claim compensation.

Florida hotel accident compensation claims

Some of the best hotels in the world are located in Florida but accidents can still happen and if they are because of something not being done correctly by hotel staff or management then you could claim compensation for any injury caused by their negligence. Accidents that can occur in Florida hotels include:

  • Poisoning from swimming pools leads to stomach infections and bugs because the pool wasn’t cleaned properly.
  • Injuries caused by exercise equipment can happen if the equipment is in a poor state of repair or if you weren’t trained correctly before using it.
  • Slips and trips in hotels because items have been left lying around or because the hotel isn’t maintained properly i.e. if floor coverings (carpets, tiles etc) are damaged but haven’t been repaired.
  • Food poisoning in hotel restaurants.

In fact, any type of accident in a hotel can be claimed for if it was preventable by staff taking different actions. If you need further Florida holiday illness or accident advice, then please call one of our specialists to discuss your case further.

Can you sue for food poisoning in Florida?

If you’ve suffered from food poisoning in Florida, then the chances are that it ruined all or part of your holiday. Symptoms of food poisoning include abdominal pain, nausea, vomiting, raised temperature, muscle aches, diarrhoea and loss of appetite.

You should visit a doctor to receive treatment and, if it is diagnosed as food poisoning, you’ll be able to begin a claim for compensation. All hotels, restaurants, cafes and diners have a duty to provide food that has been stored, prepared and cooked to minimum health and safety guidelines to prevent its customers from becoming ill.

You can get further advice in our article on restaurant compensation claims.

Slips, trips, and falls on a vacation in Florida

When you have a fall or trip on holiday your first thought may not be that it is somebody else’s fault but, in many cases, if the fall could’ve been prevented, then you could claim compensation.

It is possible to have a fall just about anywhere on your holiday. Examples of negligence include:

  • Cleaners not placing warning signs when the floor is wet.
  • Stores not cleaning up spillages or wet floors when it is raining, leading to slips.
  • Steps when leaving a ride at a theme park that have damaged barriers.
  • Hotels leaving suitcases, cleaner’s trolleys or other large objects in corridors.
  • Poorly lit areas of theme park queues causing you to trip on uneven surfaces.

There are numerous other types of slips, trips and falls that may cause an injury and many of them could lead to personal injury claims in Florida.

Theme park and resort accident, injury, or sickness claims

Theme parks are the number one destination of many British tourists when in Florida and most have a great time without any personal injuries occurring on their day out. Some of the most popular theme parks and attractions in Florida are:

  • Universal Studios
  • Gatorland
  • Kennedy space centre
  • Seaworld
  • Discovery Cove
  • Universal Island of Adventure
  • Disney’s Animal Kingdom
  • Epcot
  • Disney’s Magic Kingdom
  • Disney’s Hollywood Studios
  • Legoland Florida

A Disney World Resort compensation claim can be made for any personal injury that happened in an accident at any of the Disney site’s if the injury was caused by staff negligence.

Accidents that can happen in theme parks include food poisoning, slips, trips and falls plus Injuries on rides.

Activity and adventure sport accident claims in Florida

There are lots of once in a lifetime excursions in Florida and some of them are more invigorating than others. It is always worth checking with your insurer that you’re covered for any activity that you may be interested in undertaking.

Types of adventure excursions that British tourists go on include: Marlin & game deep sea fishing, Airboat rides, swimming with manatees and other water-based excursions.

Mostly these activities are well run and go without a hiccup but, on occasion, injuries occur because staff may not be supervising properly, equipment may not be suitable or the weather conditions were not assessed correctly before the accident happened.

If any of these is true in your case, then you could make a claim today.

Natural disasters and Hurricane disruption compensation claims

Hurricanes are a natural phenomenon that happen in Florida and you should check with your insurance provider what level of cover you’ve purchased in the event of a hurricane and what you’re covered for.

Check the travel notices before you travel as, if there’s a hurricane warning in place before you travel, then you may not be eligible for any support, depending on your insurance.

If you’ve suffered any losses because of a hurricane then please give us a call and we’ll let you know whether we can progress to a claim or not for you.

Road traffic accidents and car crash claims in Florida

Because Florida has a vast road network, accidents do happen and can lead to fatalities. A report showed that in 2016 there were nearly 400,000 crashes on Florida’s roads with nearly 3,000 deaths. Good advice for tourists is to stick to the main routes as much as possible, make use of a dashcam if one is offered and drive within the advertised speed limits.

If you’re involved in a road traffic accident, then you should call the emergency services if somebody is injured and also if the other driver doesn’t remain at the scene of the accident.

Even if you can’t obtain the other driver’s details then we may be able still to make a claim on your behalf.

As with all claims for compensation, you should try to obtain as much evidence as possible by way of witness statements, photographs and any medical reports that you’ve received.

Do I need to use a Florida based lawyer for my claim?

In short, the answer is no! We know that dealing with a foreign solicitor, even an English speaking one, can be difficult because of the location difference and time difference. Even dealing with local policies regarding personal injury claims in Florida can be confusing. Therefore, we recommend that you wait until you return to the UK to begin your claim.

At Legal Expert, we have a team of UK based solicitors who can help with claims for accidents in Florida and, because we’re local, we can provide you with all the relevant expertise that’s required to make a claim in Florida and you can leave us to deal with the American solicitors and insurers.

There is no legal requirement for personal injury claims in Florida to be filed by American lawyers. Therefore, you can have the peace of mind of dealing with a local specialist.

No Win No Fee claims for an accident on holiday in Florida

No Win No Fee (or conditional fee arrangements as it’s sometimes referred to as) agreements are the most risk-free way to make a personal injury claim for any accidents you’ve suffered in Florida. They mean that, if you don’t get any compensation, you don’t pay the solicitor anything.

Some solicitors still charge by the hour and still charge even if they are unsuccessful in getting any compensation which can lead to a huge legal bill regardless of if you win or lose.

At Legal Expert we don’t believe that is fair and so we offer No Win No Fee services on all cases we take on. If we don’t get the compensation that your injury deserves then you don’t pay a penny in fees and there’s no hourly rate to worry about either. Our fees will be described to you right at the beginning of your claim and will remain the same throughout so there are no surprises.

Top 16 resorts and destinations in Florida

Theme Parks

  • Universal Studios Florida
  • Universal Islands Of Adventure
  • Universal Volcano Bay
  • Busch Gardens
  • Disney’s Magic Kingdom
  • Disney’s Epcot
  • Disney’s Hollywood Studios
  • Disney’s Animal Kingdom
  • Seaworld
  • Legoland Florida

Hotels

Hard Rock Hotel, Florida

  • Loews Royal Pacific
  • Hilton Garden Inn
  • Hyatt House
  • Bay Lake Tower
  • Disney’s Old Key West resort

How to start a claim for a holiday accident Florida

If you’re ready to begin your compensation claim following an accident in Florida and you’re happy to use the Legal Expert No Win No Fee service then you can get in touch in any of these ways:

Hopefully, this comprehensive guide to accidents and personal injury claims in Florida has provided all the information you’ll need to begin your claim. If, however, you need more information, then please get in touch with our specialist team of personal injury solicitors.

Useful links

Here are some useful links that may help with making personal injury claims in Florida:

British Embassy USA
3100 Massachusetts Avenue, NW
Washington DC
USA
Tel: +1 202 588 6500
Web: https://www.gov.uk/world/organisations/british-embassy-washington
Opening hours: Monday to Friday 9am to 4pm

NHS Guide to Traveling in America – Information from the NHS on how to stay safe and healthy if you’re going on holiday to America.

UK Government guide to healthcare in America – UK government foreign travel advice for those visiting America.

Thank you for reading our guide about making personal injury claims in Florida.