Securing holiday accident compensation with holiday injury claims

When booking a holiday abroad or going overseas, we all expect to remain safe and healthy. However, accidents abroad can still happen, and complications can arise causing distress and anxiety.

We understand how stressful it can be when you’re involved in an accident and are injured abroad. Being so far from home, in an unfamiliar place, can feel incredibly isolating and worrying, which is why our dedicated team of holiday accident claims solicitors are here to provide you with expert legal advice within the world of travel.

No matter how you’ve been injured or where in the world you were when the incident occurred, we can help. Speak to a member of our team today on 0330 041 5869 or get in touch online to find out how to start your holiday injury claim.

Industry-leading support from specialist holiday accident claims solicitors

At Slater and Gordon, we understand that pursuing legal action can feel daunting and we work hard to keep the process of making a holiday injury claim as straight forward as possible. From clear and transparent funding to providing crucial access to medical support, our support goes far beyond our award-winning legal advice. We can:

• offer immediate legal advice during a no-obligation discussion when you first reach out to us, including whether we think you have a claim and how we can get started
• provide No Win No Fee funding, meaning you’ll never have to pay a penny upfront for our services (and in the unlikely event you lose your case, you won’t owe us anything)
• secure interim payments during your claim to help ease any immediate financial burdens arising from your injuries, such as lost wages from time out of work
• provide access to high-quality rehabilitation, medical care and other support services to give you the best chance at recovery

With our team by your side, you can rest assured that you have a dedicated group of lawyers who are not only experts in their field but also deeply empathetic to the challenges you may be facing.

Speak to us about your holiday accident claim

Can I make an accident abroad claim?

Making a holiday accident claim – or an accident abroad claim – can seem overwhelming, but it is important to remember that just because you were in a foreign country doesn’t mean you are not entitled to compensation for your injuries.

An accident abroad claim can be complex, as issues such as jurisdiction can sometimes apply depending upon your circumstances. The exception to this is if you have booked a package holiday with a UK-based travel agent. In this case, the tour operator or agent you booked with is responsible for any injuries, so your claim can be pursued in the UK.

We know how unnerving it can be if you experience an accident on holiday and, due to the differing international legislations, putting a claim forward can be difficult to navigate. However, our dedicated team are fully equipped with the legal expertise to handle your claim, offering No Win No Fee claims for many accidents abroad to help ease any financial stress.

For more in-depth knowledge on how to put in a claim, our holiday claims guide will help to understand the course of action you will need to take.

Types of holiday injury claims

There are many types of accidents that can happen when abroad for which you can make a claim. Those include but are not limited to:

• Wet flooring or misplaced objects causing a slip, trip or fall: If any of these occurred on the hotel grounds, around the pool or even off balconies, you could put in a travel claim.
• Swimming pool accidents caused by a lack of safety precautions or supervision: If an accident happened in the pool without proper supervision or precautions, then the hotel has been negligent, meaning you are entitled to put in a claim.
• Road accidents caused overseas that were not your fault: Whether you were injured as a pedestrian or from a car crash, a coach trip, in a motorbike accident or whilst you were riding a bicycle, a scooter or a horse; you can claim.
• Injuries on foreign public transport: If you were injured abroad on public transport, we can help.
• Injuries that happen during a day excursion: As these are usually organised by tour operators or hotels, if an accident happens that was not your fault, then there has been negligence.
• Accidents at sea: Compensation claims for accidents at sea include cruise ship and boating accidents, scuba diving and water sports accidents.
• Injuries sustained on a flight: The Montreal Convention 1999 imposes strict liability to airlines in respect of accidents which cause injury.
• Medical negligence caused by substandard treatment from medical professionals abroad, including incorrect treatment and surgical errors.

Even if you are still abroad as you read this, we have the expertise and the contacts to assist you with international legal representation, medical treatment, and rehabilitation support anywhere in the world. If you think you may have a holiday accident claim, our experts will be happy to discuss your options.

What should I do if I’ve had an accident abroad?

If you’ve suffered an accident abroad, your priority should be to seek medical attention. You should also ensure that your accident is reported to your travel operator, hotel staff or other responsible party.

If you decide you want to pursue an accident abroad claim, you’ll need to prove that another person or party was responsible for the accident that caused your injuries. This means you’ll need evidence; for example, try to take photos of the accident and your injuries, and collect the details of anyone who may have witnessed what happened. For more information, read our holidays claims guide.

How to make a holiday accident claim

1. Speak to one of our specialist travel solicitors on 0330 041 5869 or contact us online for a no-obligation discussion about your case, and we’ll let you know if you have a claim
2. We will talk you through the claim process step-by-step and let you know in which country your claim will proceed. Your solicitor will also identify any evidence that could support your case.
3. As part of your claim, we will need to access your medical records and arrange an examination with an independent medical expert who specialises in providing legal evidence
4. Our experts will ensure you have access to the best quality treatment, rehabilitation and physiotherapy to maximise the changes of a full recovery and future independence
5. We’ll work hard to secure the best possible compensation in negotiations. Rarely, a claim may go to court, in which case your solicitor will represent you through proceedings

How long do I have to make a holiday accident claim?

When making a holiday accident claim, you will need to be aware of any time restrictions that could affect your claim. In most cases, this will be decided either by the type of holiday injury claim you are pursuing (such as a package holiday claim) or by which country you were in when you were injured. For example:

• claims pursued in the UK and claims for package holidays (as set out in the Package Travel and Linked Travel Arrangements Regulations 2018), the law sets a time limit of three years
• claims made for injuries during international air travel (covered by the Montreal Convention) or during travel abroad a seagoing vessel (covered by the Athens Convention), the time limit is two years
• claims pursued elsewhere could be subject to local laws depending upon which country has jurisdiction for the claim (in Spain, for instance, the time limit is one year)

However, there are some circumstances that could change how long you have to make a claim. For example, some regions have different time limits for those under the age of 18 years, and time limits can sometimes be extended if it can be demonstrated that you only became aware of an injury or its cause at a later time.

No matter what your circumstance, we would always recommend contacting a legal expert as soon as possible after the incident happened to ensure your claim meets the legal time frame.

Why choose Slater and Gordon’s holiday accident claims solicitors?

At Slater and Gordon, we understand navigating the complexities of having an accident on holiday can be daunting, but that's where we excel. Our team doesn’t just specialise in personal injury cases; we focus exclusively on cases with a foreign element. What sets us apart is our strong network of relationships, both domestically and internationally. We work closely with medical experts and foreign solicitors who provide us with invaluable insights to expedite your claim swiftly and efficiently.

Leading the team is Stephen Goodman, a 'rising star' in the Legal 500 and a 'Star Associate' in the 2022 edition of Chambers and Partners, which means you can trust you have an exceptional legal advocate on your side. Stephen is also a fellow of the Chartered Institute of Legal Executives, demonstrating his unwavering commitment to excellence in his field.

Our industry-leading team has decades of experience in successfully pursuing holiday accident claims, no matter how complex. We’re regulated by the Solicitors Regulation Authority, guaranteeing you the best possible legal service, and we’re proud to be rated ‘Excellent’ on Trustpilot based on thousands of reviews.

We believe everyone should be entitled to legal expertise, which is why we offer a variety of funding options, including No Win No Fee agreements. Whether your injury occurred while traveling to or from your destination, during your stay, while working abroad, or due to substandard medical care overseas, our team will be by your side every step of the way.