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Holiday Accident Claims In The USA – How To Claim

Thousands of Britons visit the United States of America every year for holidays or on work trips. The USA does not offer a free health service like the NHS in Great Britain. Instead, their healthcare, even emergency healthcare, is private and you will need to ensure that you have insurance before you travel in case of any accidents.

If you have had an accident in America, and the accident wasn’t your fault then you may still be entitled to claim compensation. Although the accident happened in another country, if you have suffered an injury due to no fault of your own then you can still claim personal injury compensation. This guide to personal injury claims in America along with calling 0800 073 8804 to talk with our team will give you more information about what you can claim for and the process you will need to go through.

Personal injury claims in America

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A guide to accident claims in the USA

There are around many visits to the United States made by Britons every year. with the huge numbers making the trip, holidaymakers can, unfortunately, experience an accident during their trip. Personal injury claims in America can be complex due to the different health and legal systems which exist both there and here at home. This is why you will need the expertise of a qualified personal injury lawyer to help you to make personal injury claims in America t that could have been prevented.

Holidaymakers can befall a wide range of accidents while abroad and some of the most common holiday accident claims in the USA include road accidents. Figures compiled by the National Highway Traffic Safety Administration (NHTSA) suggest that a car accident in America occurs, on average, once every 10 seconds. With statistics like this, it is unsurprising that having a car accident in the USA is one of the most common types of accidents visitors to the country can have.

Other common accidents resulting in holiday injury claims include accidents in hotels and in airports. Slips and trips are common in any country and these types of accidents are even more common in the busy and hazard filled surroundings of hotels and airports. Illnesses such as food poisoning are often commonly suffered by holidaymakers and can be included in holiday claims in the USA.

The United States has many wondrous sites to visit and many holiday companies offer excursions such as ski trips or hiking in the breath-taking scenery of many of America’s national parks. While these trips are attractive prospects to holidaymakers, they can also be the scene of accidents resulting in package holiday claims.

This guide will give you all the information you need to know about holiday accident claims in the USA; how to proceed with a claim, what types of accidents, injury or illnesses in the USA that you can claim for, and how to take the first step in your USA holiday accident claims.

What steps should you take if injured in an accident in the USA?

If you have suffered a car accident in America or any other kind of accident, the first thing you should do is seek medical help for any injuries sustained. This is also the case if you are suffering a serious illness. All emergency services can be reached by dialling 911.

You may need to provide proof of medical insurance should you need to visit a hospital. As the health service in the USA is private, some hospitals may require you to provide a “good faith” payment to cover the cost of your medical care, which can later be claimed back from your travel insurer, who you should notify of the accident as soon as possible.

If you have arranged your holiday through a tour operator or package holiday company, then you will need to notify them of your accident or injury also. Where applicable, you may also need to notify the company’s representative and any other relevant authorities.

Once your injuries have been attended to, you should collect evidence of your accident such as photographs of the scene and any witness statements. You should also attempt to gather medical reports from any treatment you have received to support your accident abroad compensation claim as they may be hard to get hold of once you return home.

If you are planning on pursuing compensation following being injured on holiday then it is important that you contact a solicitor who is qualified to handle holiday accident claims in the USA as soon as possible when you return. The process may be complicated and so the quicker you can begin the process, the better.

Emergency services and emergency contact numbers in the USA

If you have had an accident in the USA then you can dial 911 to be connected to any of the main emergency services such as police, ambulance or fire department. An operator will direct your call to the local authority should you require immediate assistance. Before your trip, it is advisable to also search the numbers for the local police, fire and medical departments in the city you are visiting.

The USA also operates a non-emergency municipal phone line which you can report things such as debris in the road following a car accident in America. This number is 311. If you have been bitten by a venomous snake, animal or ingested harmful chemicals, you can also call the Poison Centre Control on 1-800-222-1222 to get the best information on where you can be administered the correct anti-venom.

Following an accident or illness in America, you can contact the British Embassy in Washington for guidance and assistance. There are other British Embassies in other large states, details of which can be found at the end of this guide.

Once you have notified emergency services of any accident, you should report it to your travel insurance provider and gather as much evidence as you can. Then you should seek the advice of a personal injury solicitor who can assist with holiday accident claims in the USA.

Healthcare for British tourists in the USA

Healthcare in the United States is all private and all residents and visitors alike must have adequate health insurance to cover any costs of treatment. If you are travelling to the States then you should have a full medical 4-6 weeks before travel and ensure that you have comprehensive medical insurance in the event you do require treatment for an accident, injury or illness in the USA.

Should you need it, the cost of treatment in an American medical facility should be covered by your insurance however, some facilities may ask for a “good faith” payment upfront. You should refer all requests for payment to your travel insurance provider and only pay yourself if advised by your insurance company to do so.

If this happens then your insurance provider should reimburse your costs. Your medical treatment should not be affected while the medical facility deals with your insurance provider.

Holiday accident claims in the USA can cover the cost of any treatment you have received both in the USA and follow up treatment required once you return home.

What are the time limits for making a compensation claim in the USA?

Time limits for making holiday accident claims in the USA may vary slightly, as this table shows.

Edit
Location of accident Time limit to claim
In a hotel, on a pre-booked excursion or on a flight to or from the USA when booked as part through a UK based package holiday provider 3 years from the date of the accident
Injury or illness occurring anywhere in the USA on a privately booked holiday (not through a provider or tour operator) This varies between states as the judicial system in the USA is different in different parts of the country. You will need to find out the time restraints on any holiday accident claims in the USA dependant on the state in which the accident occurred
Injury or illness suffered on a flight to or from an international airport which has been privately booked (not through a tour operator or package holiday company) 2 years from the date of the accident or illness occurring

Time limits on holiday accident claims in the USA can vary depending on the state you were in when the accident occurred so it is always worth beginning your claim as soon as you can with a personal accident solicitor.

USA package holiday compensation claims

Booking a holiday through a package holiday provider is often how many people prefer to plan their trips to the United States. Package holidays often include various excursions such as trips to theme parks, hiking or skiing as well as holiday resorts and hotels.

If you have had an accident whilst on a package holiday then you must inform the company of any accident or illness suffered as soon as possible. You may also be required to contact the company’s representative in the USA before you can proceed with a package holiday injury claim.

Some of the most popular UK package holiday companies include:

  • Thomas Cook
  • TUI
  • Virgin Holidays
  • Last Minute
  • First Choice
  • Easy Jet
  • Onthebeach
  • Travel Republic

There is strict legislation that covers package holidays to ensure that customers are treated fairly and companies are acting responsibly to ensure the health and safety of their clients. This legislation may be useful for personal injury claims in America.

Types of holiday injury compensation claims in the USA we can assist with

Holidaymakers visiting the USA can become victims of a range of accidents or illnesses during their trip and if you wish to make holiday accident claims in the USA to gain compensation as a result, then we can connect you to a specialist solicitor who can help you with your holiday accident claims.

USA – hotel accident claims

Hotels are one of the most common places for holidaymakers to fall ill or have an accident due to the amount of time spent in them. In such big and busy places, accidents can often occur due to the negligence of the hotel staff or owners.

For example, poor hygiene practices in the hotel could lead to you contracting an illness from dirty pool water or uncleaned rooms or bathrooms. Poor food preparation policy and poor hygiene in the kitchen areas could leave you suffering food poisoning on your holiday meaning you may be entitled to pursue personal injury compensation claims.

Accidents can easily happen in busy or poorly run hotels such as slips or trips on unmarked wet floors or in corridors where obstructions have been left. Pool areas are a very commonplace for accidents to occur. If the hotel has not made adequate attempts to ensure the safety of their visitors, such as non-slip flooring or maintenance of damaged areas, then we can help you to make holiday accident claims in the USA if this has resulted in an accident.

Food poisoning and other restaurant illnesses compensation claims in the USA

Food poisoning can ruin your holiday and cause you to miss out on pre-paid days out or activities or cause you to miss your flight home. In severe cases, it can also result in you needing medical treatment and even hospitalisation for dehydration.

If you have suffered food poisoning in the United States following a visit to a restaurant then you may be entitled to claim for a USA holiday accident claim. Food poisoning is caused by poorly prepared or undercooked food; both of which should not happen in a restaurant that is following adequate health and safety practices.

Other illnesses may be contracted in restaurants that are operating poor hygiene practices, such as catching an illness of a poorly employee. Other injuries may include burns or scalds from overheated food or hot food or beverages being spilt on you by a careless employee. Holiday accident claims in the USA as the result of a restaurant visit can be handled by one of our panel of specialist personal injury lawyers.

Injuries caused by slipping or falling in the USA

Slip and fall accidents are the most common type of accident and can happen anywhere. If you have had an accident in America where you have suffered an injury due to a slip or fall then you may be entitled to begin a holiday accident claim in the USA.

Slip and fall accidents can happen anywhere from slipping on the aeroplane stairs, tripping in an airport, slipping by a hotel pool or tripping over a poorly maintained sidewalk. While these kinds of accidents sound minor, they can result in injuries such as broken bones, back and neck injuries and head injuries.

All of these can have a dramatic impact on your life and may leave you in lasting pain and requiring ongoing medical care. If your accident could have been prevented then you may be entitled to begin a personal injury compensation claim to help recover the cost of your accident.

USA skiing accidents and injuries

Thousands of holiday accident claims in the USA are filed following skiing accidents from holidaymakers visiting the country. The USA boasts many skiing resorts and the activity is a big hit with package holiday providers from all over the world. If you have been injured on holiday during a skiing trip then you may be entitled to package holiday injury compensation.

As popular as skiing is in America, it does not come without its risks. All skiing activities should be well regulated and any company providing the activity should be following all relevant legislation in order to keep their guests safe. If you are planning a skiing trip as part of your holiday to America then you must ensure that the activity, and its provider, are going to be covered by your travel insurance.

Holiday accident claims in the USA involving skiing can be complex but if you have suffered an injury due to the failure of the ski company to ensure your health and safety then we can put you in contact with a personal injury solicitor who can help following an injury abroad and advise what to do.

Car crashes and road traffic accidents in the USA

If you have been involved in a car accident in the USA, then the first thing you will need to do is phone 911 to report the accident to the police and get any medical help required. Being involved in a road accident abroad is scare and having a car accident in America is incredibly likely considering the statistics mentioned above.

Following a car accident in America, if there is no need for medical treatment, you should dial 311 to report any debris in the road. You should then inform your travel insurance provider as well as your package holiday company.

Does it matter if my solicitor is based in the UK?

Holiday accident claims in the USA do not need to be handled by an American personal injury lawyer. Although you had a road accident abroad or suffered any other injury or illness in the USA, we can put you in touch with a qualified, professional solicitor who can handle your holiday compensation claims right here in the UK.

No Win No Fee accidents and injuries in the USA

Many people are put off making holiday accident claims for fear of the legal expenses they may incur due to the complicated nature of personal injury claims in America, especially if they are unsuccessful. However, making a No Win No Fee claim ensures that if your claim is not successful, you won’t have to pay our provided solicitors a penny.

They offer No Win No Fee contracts to our clients so that they can rest easy that should their claim for package holiday injury compensation be dismissed, they won’t be out of pocket at all. This will remove the financial worry of making USA holiday accident claims as if you don’t win, you won’t be charged a penny. If your accident abroad compensation claim is successful, the legal fees will be paid by a pre-agreed percentage of the compensation you receive in your case.

Top 20 biggest cities in the USA

  1. New York City
  2. Los Angeles
  3. Chicago
  4. Houston
  5. Phoenix
  6. Philadelphia
  7. San Antonio
  8. San Diego
  9. Dallas
  10. San Jose
  11. Austin
  12. Jacksonville
  13. San Francisco
  14. Indianapolis
  15. Columbus
  16. Fort Worth
  17. Charlotte
  18. Seattle
  19. Washington DC
  20. Denver

Top 10 biggest ski resorts in North America

  1. Whistler Blackcomb, Canada
  2. Park City Mountain Resort & Canyons Ski Resort, Utah
  3. Big Sky, Montana
  4. Vail, Colorado
  5. Heavenly Mountain Resort, California
  6. Sun Peaks, Canada
  7. Lake Louise, Canada
  8. Mt Bachelor, Oregon
  9. Squaw Valley, California
  10. Mammoth Mountain, California

Top 20 beach destinations in the USA

  1. Coronado Beach, San Diego
  2. Hanakapiai Beach, Hawaii
  3. Atlantic City Beach, New Jersey
  4. Myrtle Beach, South Carolina
  5. Clearwater Beach, Florida
  6. Martha’s Vineyard, Massachusetts
  7. Sea Camp Beach, Georgia
  8. East Beach, Santa Barbara, California
  9. East Hampton, New York
  10. Islanders Beach, South Carolina
  11. Malaquite Beach, Texas
  12. Van Damme Beach, California
  13. Cape May, New Jersey
  14. Siesta Beach, Florida
  15. Hanauma Bay Nature Preserve, Hawaii
  16. South Beach, Miami
  17. Fort Lauderdale Beach, Florida
  18. Hollywood Beach, Florida
  19. Santa Monica Beach, California
  20. Nags Head Beach, North Carolina

Start your claim

If you are looking to begin a holiday accident claim in the USA then call our team today on 0800 073 8804 and speak to one of our advisers who will ask about your injury or illness in the USA and be able to start your claims process for you.

Alternatively, you can fill out our online enquiry form or email us at info@legalexpert.com and one of our team will be in touch with you as soon as possible to discuss your claim for compensation following an accident abroad.

Useful links

British Embassy Washington

3100 Massachusetts Avenue, NW
Washington DC 20008
USA

Telephone: +1 202 588 6500

Email: general.enquiries@britishcouncil.org

Opening hours: 9am to 4pm Monday to Friday (excluding public holidays)

British Consulate General- Miami, Florida

1001 Brickell Bay Drive
Miami FL 33131
USA

Telephone: +1 305 400 6400

Opening hours: 9am to 4pm Monday to Friday (excluding public holidays)

British Consulate General- New York

845 Third Avenue
New York NY 10022
USA

Telephone: +1 212 745 0200

Opening hours: 9am to 4pm Monday to Friday (excluding public holidays)

UK government advice:

Health and travel advice – The government give advice on health and travel abroad.

USA Travel Advice – Advice specific to the US

Thank you for reading our guide to personal injury claims in America.

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    Meet The Team

    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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