Last updated 30th September 2024 by Jade. Welcome to our holiday accident claims guide. Have you been injured whilst on a package holiday? If so, this guide will provide you with vital information.
We first explain when someone could be eligible to claim compensation after an accident on holiday. We also look at some examples of the types of accidents that could happen and how the tour operator could be at fault.
Furthermore, we look at the holiday injury claims time limit and what evidence can be collected to best support your case.
To conclude this guide, we discuss how compensation will be calculated if you are successful with your case, and what the benefits are of No Win No Fee holiday claims.
To speak with an advisor directly about your situation, you can contact us today for free:
- Phone our team on 0800 073 8804
- Use our claim online form to send a message to our team.
- Or talk to us using the live chat below.
Jump To A Section
- What Are Holiday Accident Claims?
- What Accidents Could Lead To A Holiday Accident Claim?
- How Long Do I Have To Claim Holiday Accident Compensation?
- What Should I Do If I’ve Been Injured Abroad?
- Can I Claim If I’ve Been Injured When On Holiday In The UK?
- How Much Holiday Accident Compensation Could I Receive?
- What Are No Win No Fee Holiday Accident Claims?
- More Useful Resources About Personal Injury Claims
What Are Holiday Accident Claims?
Holiday accident claims could be made for any injuries that have been suffered while on holiday.
Many third parties will owe you a duty of care whilst you are on holiday that relates to your safety, their quality of work and services. If one of these third parties breached their duty of care and this caused you to suffer an injury, you could be eligible to make a compensation claim.
Usually, your personal injury claim will need to be made in the country where your accident occurred. Due to this, your case will be subject to the laws of that particular country and the compensation you could receive may differ to claims being made in England.
However, if you travelled on a package holiday you may be able to make your claim in the UK, as established by The Package Travel and Linked Travel Arrangements Regulations 2018. Under this legislation, holiday providers are held accountable should one of their customers suffer an injury or illness (such as food poisoning) due to them being negligent. You are owed a duty of care for your reasonable safety when you book a package holiday under components of the package, such as the hotel you are staying at.
In order to have a valid claim under this legislation, you must demonstrate:
- The tour operator owed you a duty of care at the place and time of your accident.
- This duty was breached.
- Your injuries were caused by this breach.
Contact our advisors today to see whether you could make your claim in the UK if you have been injured in an accident abroad.
What Accidents Could Lead To A Holiday Accident Claim?
There are various different accidents that could occur while on a holiday. For example, this could include the following:
- The hotel fails to put out a wet floor sign in the reception area after mopping. This causes you to slip and fall and suffer a leg injury.
- The handrails for the stairs in the hotel are faulty, causing you to fall and suffer a head injury.
- A swimming pool accident could occur if the tiling around the pool at your hotel was loose or broken, causing you to trip and suffer a shoulder injury.
How Long Do I Have To Claim Holiday Accident Compensation?
When making a personal injury claim in the UK, the limitation period in which you have to begin the claiming process is 3 years from the accident date. This is established in the Limitation Act 1980.
However, if your child was injured while on holiday, they would not be able to start a claim until their 18th birthday. Alternatively, you could apply to be a litigation friend and claim on their behalf prior to this date.
Additionally, you could claim on behalf of someone lacking the mental capacity to make their own claim as a litigation friend. The claimant would only be able to make their own claim and have the time limit reinstated if they regained this mental capacity.
If you are making your claim in the country where you have been injured, how long you have to begin the claiming process will depend on the country’s laws.
Contact our advisors today with any questions regarding the time limit for holiday accident claims.
What Should I Do If I’ve Been Injured Abroad?
If you have been injured in an accident while on holiday you will need evidence that proves what injuries you suffered and who was at fault for them.
Examples of evidence that could prove useful for holiday accident claims include:
- Correspondence between yourself and the holiday provider, e.g. an official complaint letter and their response.
- Medical evidence of your injuries. such as your medical records that also detail what treatments you received upon returning to the UK.
- Photographs of your injuries and the accident site.
- Contact details of anyone who saw your accident happen. They could be contacted for a statement at a later date.
One of our solicitors could help you with gathering this and any additional evidence you may need to support your claim. Contact our advisors today to see if you could be eligible to work with them.
Can I Claim If I’ve Been Injured When On Holiday In The UK?
If you have been injured in a holiday within the UK, such as at a caravan park, you could still be able to make a personal injury claim.
You will still need to prove that someone owed you a duty of care at the time and place of your accident and that your injuries were suffered because they breached this duty.
Our team could help with holiday accident claims for injuries sustained in the UK. Contact us to learn more.
How Much Holiday Accident Compensation Could I Receive?
For eligible holiday accident claims made in the UK, the compensation that is awarded could consist of two heads of loss.
The first is known as general damages. It is awarded for all successful cases and compensates you for your injuries and the suffering they have caused you. This includes both psychological and physical injuries.
When estimating what general damages you could be owed, the Judicial College Guidelines (JCG) may be referred to for guidance. The JCG contains guideline amounts of compensation for different types of injury. We have used some of these guidelines in the table below.
Please note that the JCG only applies to claims made in England or Wales. Additionally, the first entry has not been taken from the JCG.
| Harm | Severity | Compensation Guideline |
|---|---|---|
| Multiple severe/ serious injuries and special damages. | Severe/ serious | Up to £1,000,000+ |
| Brain injury | Moderate - i | £183,190 to £267,340 |
| Back injury | Severe - iii | £47,320 to £85,100 |
| Chest Injury | Damage to chest and lungs | £38,210 to £66,920 |
| Shoulder injury | Severe | £23,430 to £58,610 |
| Neck injury | Moderate - i | £30,500 to £46,970 |
| Elbow injury | Less severe | £19,100 to £39,070 |
| Pelvic/ hip injury | Moderate - ii | £15,370 to £32,450 |
| Hand injury | Moderate | £6,910 to £16,200 |
Can I Claim For Loss of Earnings In A Holiday Accident Compensation Claim?
The secondary head of loss you could receive is special damages. This compensates you for the associated costs caused by your injuries. Some examples could include:
- Loss of earnings if you have to take time off work to recover from your injury.
- The costs of transport and travel. This may include getting to and from medical appointments and even the cost of getting back to the UK if you have to return early.
- Care costs.
- Medical expenses if you had to pay for any treatment while abroad on holiday.
You will need evidence to claim for loss of earnings or any other types of special damages. This may include providing copies of your bank statement, wage slips or invoices for care.
Contact an advisor today to learn more about how compensation for holiday accident claims are valued.
What Are No Win No Fee Holiday Accident Claims?
If you have been injured whilst on holiday you could make a personal injury claim with one of our No Win No Fee solicitors.
By offering you a Conditional Fee Agreement (CFA), your solicitor will not charge you for their services prior to the claim starting, while it is ongoing or if it ends unsuccessful.
Should the claim succeed they will take a success fee from you. This success fee is a percentage limited by the law that is taken out of your compensation.
If you have any questions regarding the holiday accident claims process, or to see if one of our solicitors could help you, contact our advisors:
- Call one of our advisors on 0800 073 8804
- Send us a message using our claim online form.
- Speak to us using the live chat below.
More Useful Resources About Personal Injury Claim
You can learn more about personal injury claims in our related guides below:
- If you have been injured in a skiing accident, find out how to claim compensation in this guide.
- Learn more about holiday excursion injury claims in this guide.
- Find out how to make a cruise ship accident claim in this guide.
These resources may help if you have suffered an injury abroad:
- Find out how to apply for a Global Health Insurance Card (GHIC) in this NHS guide.
- You can find up to date foreign travel advice from the government at this resource.
- Learn when you should provide first aid with this NHS resource.
Thank you for reading our guide to holiday accident claims. For further information on the claims process or to start your claim, contact our team.
