Duncan Lewis personal injury solicitors are a leading firm of holiday accident and illness claims solicitors.
Duncan Lewis can advise holidaymakers on making a no win no fee compensation claim under the Package Travel Regulations 1992 if they sustained injury or illness on a package holiday booked in the UK.
Package holidays are protected by ATOL – if you book a package holiday, you will receive an ATOL certificate at the time of booking.
Under an ATOL certificate, excursions and car hire booked at the same time will also be protected under the Package Travel Regulations 1992.
Holiday accident and illness claims can sometimes also be made using two other pieces of legislation:
the Athens Convention for accidents and illness on board ships.
Always take out adequate holiday or travel insurance, however, when you book a holiday to cover the costs of medical treatment abroad and repatriation.
Also make sure you have a European Health Insurance Card (EHIC) for EU travel.
Accidents holidaymakers can claim compensation for include:
- Airline accidents scalds from hot water spilt or head injuries from falling luggage
- Balcony falls poorly maintained or badly designed balconies
- Burns, scalds and electric shocks in holiday accommodation
- Carbon monoxide poisoning poorly maintained water heaters
- Cruise ship accidents slips and falls on wet floors or decks
- Escalator and lift accidents poorly maintained lifts and escalators
- Glass accidents patio doors which shatter easily
- Road traffic accidents abroad in coaches, tour buses and hire cars
- Slips, trips and falls poorly maintained pavements, slippery or wet marble floors with no warning sign, spilt food or liquid on floors
- Sports activity accidents swimming pool accidents, horse/camel riding accidents, balloon ride and quad bike accidents
- Swimming pool accidents broken tiles, steps or diving boards.
Often buildings standards in holiday destinations are not as high as in the UK, and tour operators must check for lapses in maintenance and make sure signage is in place to prevent accidents.
No Win No Fee Holiday Illness Claims
Under the Package Travel Regulations 1992, tour operators have a legal duty to make sure hygiene and food preparation standards are maintained – otherwise holidaymakers could fall ill with preventable bacterial or parasitic infections such as:
- Giardia Lamblia
Symptoms of gastrointestinal illness on holidays include:
- Stomach Cramps
- Blood-streaked diarrhoea and vomit
Holiday illness can wreck your health as well as your holiday, as post-infective irritable bowel syndrome can last for months or years after a severe bout of holiday gastric illness.
In severe cases of holiday food poisoning, rehydration therapy in hospital may be needed.
The all inclusive buffet is a common source of holiday food poisoning because of the risk of cross contamination between serving and cooking utensils.
Cooking food at the correct temperature, storing it properly and keeping surfaces, utensils and hands clean can prevent gastrointestinal holiday infections, however.
Collecting evidence for a holiday accident and illness claim
- While you are still on holiday, you should take notes on what happened – as well as photographs and videos of evidence such as undercooked food, dangerous stairs or unhygienic public areas in your hotel.
- Tell your holiday rep as soon as possible about illness or a holiday accident – keep a record of what is said.
- You can also contact the UK customer services department of your tour operator and tell them what has happened – recording details of your holiday accident or illness in an email is a good idea.
- Be very careful about what you say in any correspondence or email to your holiday company, however, as they will most likely try and deny liability – just state the facts and do not agree to anything or be persuaded you are feeling better if you are not.
- Keep records of medical treatment received, including prescriptions.
- Keep any receipts for out-of-pocket expenses such as fares to hospital and prescription charges.
- Speak to other holidaymakers and see if they are ill or if anyone else has had an accident – take contact details of any witnesses who can provide evidence to support your claim.
- When you return home, see your GP as soon as possible for a diagnosis of your illness, or medical examination if you have been injured on holiday.
- Be very wary if a customer services representative from your tour operator calls to see how you are – this may be a member of their legal team trying to get evidence to defend any potential claim so however concerned they appear, be careful about what you say.
- Contact Duncan Lewis Accident and Holiday Illness solicitors as soon as you can for advice on making a compensation claim.
How long do I have to claim for Holiday Accidents & Illness?
Compensation claims for holiday accidents and illness fall under the area of law known as personal injury.
Personal injury claimants usually have three years from the date of the holiday injury or illness diagnosis to make a claim.
Claims can sometimes be made outside the three-year limitation period, however.
Because of the limitation period for holiday accident and illness claims, it is important to seek legal advice from Duncan Lewis personal injury solicitors as soon as possible.
How much compensation can I claim for Holiday Accident & Illness?
Compensation for Holiday Accidents & Illness includes:
- General Damages for pain, suffering and loss of amenity
The exact amount will be assessed according to the extent of injury, estimated recovery time and rehabilitation needed – and whether further medical treatment or even lifelong care is needed if a holiday accident results in catastrophic injuries such as brain injury. Loss of holiday value and enjoyment is also included.
- Special Damages to cover medical fees and out-of-pocket expenses
Expenses might include medical care, travel expenses to hospital, medical costs or prescriptions or damage to personal items, as well as loss of earnings if you are ill or need rehabilitation when you return home. In more serious cases involving catastrophic holiday injury, ongoing care, loss of future salary and pension or adaptations to your home would be included.
Who will pay my holiday accident & illness compensation?
In the case of package holidays, the tour operator’s insurance company usually settles a claim – and many claims are settled out-of-court.
In cases involving dynamic packages – when the holidaymaker chooses the components of their holiday themselves, it may be necessary to take action against a hotel or airline or car hire company individually.
Duncan Lewis holiday accident and illness solicitors will be able to advise you further on making a claim.
Will I have to go to court to claim compensation?
Your Duncan Lewis personal injury solicitor will keep you fully informed at all stages of the case.
Most claims for Holiday Accidents & Illness compensation are settled out-of-court – Duncan Lewis personal injury lawyers negotiate hard to get the best settlement for you.
But if a court hearing is necessary – for example, in the case of catastrophic holiday injuries or chronic post-infective illness – Duncan Lewis instructs leading barristers who specialise in holiday accidents and illness claims, to make sure you have the best legal representation possible.
Why Duncan Lewis is the best solicitor for Holiday Accidents & Illness Claims
- Duncan Lewis personal injury solicitors understand just how traumatic and upsetting holiday accidents and illness can be – we believe in putting you and your family first to obtain the best results for you
- Duncan Lewis is one of the leading firms of Personal Injury and Legal Aid solicitors in the UK
- Our initial advice on making a claim for holiday accidents and illness compensation is free
- Duncan Lewis accepts holiday accident and illness claims on a no win no fee basis, so you will not have to worry about legal fees
- We will visit you at home if you are recovering from injuries sustained in a serious holiday accident – and can arrange for expert medical opinions and independent experts to help back up your holiday accident and illness claim
- Duncan Lewis personal injury solicitors will make sure you understand every stage of your holiday accident and illness claim
- We will handle negotiations for you, so you do not have to worry while you are recovering from your holiday injuries or illness.
Duncan Lewis personal injury solicitors have a successful track record in holiday accidents and illness claims and will make sure you win the compensation you are entitled to for your injuries.
Contact Duncan Lewis for free advice on making a no win no fee holiday accident and illness compensation claim by calling 020 7923 4020.