This guide looks at how compensation is calculated for successful holiday accident claims, and the different forms of compensation you may be awarded if your case is a success.
Following this, we will explain the you the eligibility requirements your case must meet in order to have a valid personal injury claim for an accident suffered abroad. We will also list some examples of accidents that you may be able to claim for and the types of injuries that may be suffered.
Having sufficient evidence that supports your case is crucial when making a compensation claim, so we will provide you with some examples of evidence that may help you with making your claim. We end this guide by explaining some of the benefits of making your personal injury claim with the help of a No Win No Fee solicitor.
If you have any questions while reading this guide regarding holiday injury claims, you can contact our team of advisors. They can also discuss your case with you and offer you free advice. You can connect with our team by:
- Calling 0800 408 7826
- Contacting us online.
- Using the live chat pop-up to ask a question.
Jump To A Section
- Compensation Calculator For Holiday Accident Claims
- When Are You Able To Claim Holiday Accident Compensation?
- What Holiday Accidents Could Potentially Lead To A Claim?
- What Could Help Make Holiday Accident Claims?
- Why Make A No Win No Fee Holiday Accident Claim?
- More Useful Resources About Making Personal Injury Claims
Compensation Calculator For Holiday Accident Claims
You may be able to make a holiday accident claim if you suffered an injury due to third-party negligence. If your injury was caused by one of the responsible third parties linked to your package holiday, you may be able to claim through the courts in UK. We will discuss this eligibility criteria in more depth later in this guide.
When making a personal injury claim through the courts in England and Wales, you could be awarded general and special damages as part of your final compensation settlement.
General damages are awarded in all successful cases and compensate the claimants for the physical and psychological pain and suffering their injuries have caused them, as well as the impact they’ve had on their quality of life.
The people responsible for valuing this part of your claim can refer to medical evidence. They can also refer to the Judicial College Guidelines (JCG.) This document lists guideline compensation brackets for various injuries based on type and severity. We have used some of these compensation figures to create the following table, aside from the first entry.
Please note, that these figures only apply for claims being made through the courts in England and Wales. We cannot provide an estimate of how much compensation you could receive if you claim through foreign courts for your accident abroad and this would depend on that country’s respective laws.
Compensation Guidelines
| Type of Injury | Severity | Award Guidelines | Notes |
|---|---|---|---|
| Multiple Injuries and Special Damages | Severe | Up to £1,000,000+ | Substantial awards such as this reflect several types of severe injury with special damages awards for lost earnings, medical costs and rehabilitation expenses. |
| Head | (a) Very Severe | £344,150 to £493,000 | An ability to follow basic commands remains but full-time dependency on others is required as there is no meaningful response to external environment. |
| Head | (d) Less Severe | £18,700 to £52,550 | A good recovery is made with a return to normal activities, however some poor concentration, memory problems may persist. |
| Neck | (a) Severe (ii) | £80,240 to £159,770 | Injuries involving severe damage or fractures to cervical spine discs that cause substantial movement loss in neck or one or more limbs. |
| Leg | (b) Severe (ii) Very Serious | £66,920 to £109,290 | Injuries that create permanent mobility problems and require the person to rely upon mobility aids for the rest of their life. |
| Knee | (a) Severe (ii) | £63,610 to £85,100 | Fractures that extend into the knee joint and create permanent pain. mobility problems and limited movement. |
| Back | (a) Severe (iii) | £47,320 to £85,100 | Fractures and disc lesions of vertebral bodies causing chronic pain, impaired agility and depression symptoms despite treatment. |
| Back | (b) Moderate (ii) | £15,260 to £33,880 | Disturbed ligaments and muscles causing backache that accelerate and/or exacerbate a pre-existing back condition by 5 years or more. |
| Pelvis | (b) Moderate (i) | £32,450 to £47,810 | Significant pelvic/hip injury but permanent disability is not major and future risk of disability is not considered great. |
| Ankle | (d) Modest | Up to £16,700 | Undisplaced fractures, sprains and ligament injuries, the award for which is based on whether the recovery was complete or incomplete. |
Special Damages For Holiday Accident Claims
Special damages may also be awarded to you. This aims to reimburse you for the financial harm caused by your injuries. This could include:
- A loss of earnings.
- Travel expenses to necessary medical appointments.
- Medical costs, such as prescription fees.
- Costs for at-home care.
In order to claim compensation for these financial losses, evidence will need to be presented. This could include payslips, receipts, invoices, and bank statements.
If you have any questions regarding how compensation is calculated for holiday accident claims, you can contact our team of advisors.
When Are You Able To Claim Holiday Accident Compensation?
As aforementioned, a holiday accident claim is a compensation claim for an injury you suffered whilst on holiday.
Many third parties will have a duty of care that relates to their quality of work, services and your safety, meaning that if you’re injured because they didn’t adhere to their duty of care, you may be able to make a claim.
Typically, your claim will be made in the country you suffered your accident, meaning your claim will be subject to the laws of that country. This may also affect your compensation amount.
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, Package Holidays and Package Tour Regulations 1992. For example, this means that if you suffered an injury in the hotel you booked through this package holiday due to the package company not ensuring that the hotel was safe to use, you may be able to make a claim against them.
If you have been injured abroad and would like to know whether you may be able to make a claim in England or Wales, you can contact our advisors.
What Holiday Accidents Could Potentially Lead To A Claim?
There are various types of accidents that could happen while you are on holiday. Some examples could include:
- A wet floor in the hotel that lacked ‘cleaning in progress’ signs caused you to slip and fall and suffer a broken ankle and a broken wrist.
- Loose or broken tiling around a pool area caused you to trip and fall and suffer a shoulder injury.
- Electrical appliances in your room, such as a plug socket, were not safety checked, and you suffered an electric shock as a result.
- The railing on the balcony of your hotel room was faulty, causing you to fall from a height and suffer a head injury and concussion.
These are only a few examples of accidents abroad that could occur.
Can You Claim For A Holiday Accident In The UK?
If you suffered your injury while on holiday in the UK, you could still be eligible to make a compensation claim. However, you would still need to prove that your injury was caused by someone else breaching a duty of care they owed you.
To discuss your case, you can contact our team of dedicated advisors. They can also help answer any questions you might have about the holiday accident claims process.
What Could Help Make Holiday Accident Claims?
All holiday accident claims should be supported with sufficient evidence to help improve their chances of being successful. The evidence you collect should help with proving how your accident happened, who was liable for it, and what injuries you suffered.
Some examples of the evidence you could use to support your claim include:
- CCTV footage of the accident taking place.
- Photographs of your injuries and accident scene.
- Medical evidence of your injuries. This could be your medical records. They could also contain information on what medical treatment your injuries required.
- Eyewitness contact information. A legal professional could then collect a statement from them at a later date.
- Keep a personal diary of any physical and psychological symptoms you experience.
- Retain all correspondence and emails between you and the potentially liable party, such as the holiday provider, hotel or restaurant.
A solicitor could help you with gathering evidence to support your case, should you choose to work with one. To see how one of the solicitors on our panel may be able to help you with your holiday compensation claim, you can contact our advisors.
How Long Can A Holiday Accident Claim Take?
There isn’t a precise time frame for holiday compensation claims. Depending on whether you are claiming for a package holiday within the UK or one that involves using foreign courts, the length of time it takes for a claim to be completed can vary.
Other factors could also potentially affect how long your claim takes, such as whether the third party admits liability and how long it takes to gather evidence for your case.
Contact our team of advisors today to discuss your specific case. They can help answer your questions and offer you free advice.
Why Make A No Win No Fee Holiday Accident Claim?
Our panel of specialist solicitors can handle every step of the holiday accident claims process. They can extend their services to eligible claimants through a type of No Win No Fee agreement. Typically the agreement they offer is a Conditional Fee Agreement (CFA).
This means that you could start your claim with a solicitor on our panel without having to pay anything upfront for their services. You also will not need to pay for their work during the claim process or if it fails.
Your solicitor will take a success fee from you if your holiday accident compensation claim is a success. The fee is taken from the compensation you are awarded as a small percentage that is subjected to a legal limit.
Contact Us Today
To see whether one of the No Win No Fee solicitors on our panel could help you claim compensation for your holiday accident, you can contact our advisors. They can also offer you free advice for your case and answer any questions you may have about the holiday accident claims process. You can reach our team via any of the following methods:
- Call 0800 408 7826
- Go online to contact us and ask for a call.
- Use the live chat option at the foot of this page.
More Useful Resources About Making Personal Injury Claims
In addition to this guide on holiday accident claims, we offer further reading on related personal injury topics:
- If you suffered food poisoning, this guide discusses when you could claim compensation.
- In addition to this, here is a step-by-step guide to using a compensation calculator.
- Guidance on claiming compensation for any psychological injuries you suffered while in an accident.
Further helpful information:
- Here is a useful foreign travel checklist from Gov.UK
- A list of A-Z of health conditions from the NHS.
- Guidance on foreign travel insurance from Gov.UK.
In conclusion, thank you for reading our guide on holiday accident claims. If you have any persistent questions, please do not hesitate to contact us.