How do I claim if I suffer an injury abroad?

The best thing to do is get in touch with us when you get back. It is important that the solicitor you instruct knows this area of law because making a claim for compensation following an accident abroad is very specialised. We will advise you whether you have a claim in this country or whether you need to pursue a claim for compensation abroad. We can explain how the legal costs can be met and make the arrangements..

You should not delay in contacting us because some countries have rules where you have to notify the other side of your claim within a matter of months.

What will this cost me?

Many claims can be dealt with under a “No win, No Fee” agreement. It’s a simple process and even if you are successful, we won’t deduct anything from your damages.

Alternatively, the vast majority of people take out travel insurance. Under that insurance there is sometimes a legal expenses section that will cover your legal fees. We can explain all the options to you and make sure you understand. Contact us for free advice on both the funding and making a claim now.

How long will it take to pursue a claim?

This very much depends on the nature of your claim and in which country it is conducted. If you have had an accident or suffered illness on holiday in the UK, we may be able to settle it straight away, if the other side are reasonable. If we have to go to court then it will take longer.

However, we do take a very proactive approach and promise to deal with your correspondence and calls quickly and efficiently. We will make sure your claim gets to a conclusion as quickly as possible.

Can I pursue my claim in the UK?

Each claim turns on its own facts. Even if you have suffered an accident abroad many claims can be pursued in the UK, but it depends on many factors such as; who your holiday was booked with, how it was booked, who was at fault for the accident, where the Defendant is based etc.

In some cases, even if the Defendant has no connection with the UK, you may still be able to bring a claim here. Alternatively, we may advise you that you would be better off pursuing a compensation claim in another jurisdiction.

What are the time limits?

Each jurisdiction has its own laws and regulations that it applies. They vary from as short as 3 months right up to 30 years. It is important that you instruct an expert Travel solicitor as soon as possible to avoid losing your right to bring a claim.

Most claims brought in the UK courts are governed by a 3 year limitation. That means you have until the third anniversary of the claim to have it issued at court. However, there are exceptions, such as air or sea claims which are generally subject to a 2 year time limit.

How much will I get?

The amount of compensation you receive will depend on various factors such as; the extent of any injury/illness, your recovery, the extent of your consequential losses such as earnings and travelling expenses and possibly the cost of your holiday. We will always advise you on the value of your claim as soon as we have enough information to do so.

It will also depend on the jurisdiction of your claim and which laws apply. These issues can sometimes be very complex, which is why it is worthwhile consulting a specialist Travel solicitor at an early stage to discuss your claim.

I have heard lots of things about the Package Travel Regulations. What are they and how do they help me?

They are in fact called The Package Travel, Package Holidays and Package Tours regulations 1992 (SI1992/3288). They offer protection to consumers who have pre- booked a package holiday. A package includes at least two of the following:

• Transport
• Accommodation
• Other tourist services, which would include car hire etc.

Many holiday companies are trying to avoid these regulations by selling different components of a holiday separately. If they are successful, you won’t have as much protection if they go out of business or you have an accident. See our Package holiday claims section for more information.