The Essential Guide to Holiday Accident Claims: What You Need to Know

When you book a holiday, the intention is to find some rest and relaxation from your daily routine. However, in some very unfortunate circumstances, this may not be the case – you may have experienced an accident or illness due to negligence. If you are looking to make a holiday accident claim for yourself or on behalf of someone else, we recommend hiring a solicitor who will be able to guide you through the process and offer advice on how to claim compensation. Read our essential guide to holiday accident claims and find out if you have a valid case. If you’re unsure of where to begin, our knowledgeable team of solicitors will be happy to talk through your concerns.

What are the different types of holiday accident claims?

When you book a holiday either in the UK or abroad, there is a duty of care that is expected of your hotel, accommodation provider or anywhere you decide to visit as part of an excursion. Whilst there are many different types of holiday claims for a variety of reasons, some of the most common include:

• Falls as a result of spillages, leaks or wet surfaces with a lack of wet floor signage.
• Food poisoning due to unhygienic working areas or poor food handling practices.
• Injuries caused by faulty or malfunctioning gym equipment.
• Accidents around the swimming pool, if there were no safety procedures or supervision by a member of staff.
• Injuries caused by furniture that has not been properly maintained, fixed or replaced, such as a broken chair.
• Theme park accidents.
• Injuries as a result of poor training or equipment during a day trip out.
• Road traffic accidents whilst driving a hire car.
• Bacterial infections.
• An accident whilst working abroad.

The list above isn’t exhaustive – there is a larger range of accidents and illnesses that can happen, but it is always best to contact your solicitor to find out whether or not you can make a claim for your injury. If you suffer from an injury or illness whilst you are away, you need to first seek medical attention immediately and contact your holiday insurers.

Common injuries and illnesses whilst on holiday

Above, we’ve listed some of the reasons you can make a claim but what specific injuries or illnesses could you claim for? Some of the most common include:

• Cuts, lacerations and bruising.
• Allergic reactions to food (especially if the allergens were not made clear at any point).
• Broken bones.
• Back and head injuries or whiplash.
• Eye injuries.
• Soft tissue injuries.

Again, this list is not exhaustive – there are many other illnesses or injuries that can be caused by negligence, so it’s important to talk to your solicitor if you would like to make a claim or you are thinking of doing so. Your solicitor will be able to inform you of the process and gain a full understanding of the events that led up to you sustaining an injury or illness and whether or not you have enough evidence to make the claim.

What happens when I make a holiday accident claim?

When starting your claim, you will be asked when and where the accident happened, what injuries you sustained as a result and who you think was responsible. A solicitor will then take a look at your case and any evidence you have provided. If the claim is deemed valid, the solicitor will contact the company or individual you are claiming against. If they admit liability, your compensation can be negotiated.

If they do not admit liability, the case may be taken to court. Depending on your situation, you can either claim under UK law, or you may need to claim directly in the country you took the holiday to. Regardless of the circumstances, your solicitor will be able to guide you through the process of making your claim.

What evidence do I need to support my claim?

If you are injured whilst you’re on holiday, it’s important that you gather as much evidence as possible to support your case. The more we have, the better. Some of this evidence may include:

• As soon as the accident happens and if you are able to do so, report it to the hotel or holiday representative.
• If you have reported it, there should be an accident report you can ask for.
• Photographic and video evidence to show how the accident has happened is vital, before the cause of your accident is removed.
• Have your injuries assessed and treated by a medical team.
• If there were any witnesses, ask them for their contact details.
• Try and get a copy of CCTV footage of the area your accident took place and what happened.
• If your accident has resulted in a loss of income, keep a record of how much you have lost.
• Keep photographic evidence of your recovery process.

There may be other forms of evidence that we will require, however, we can help you gather more if it is required. It is always recommended to hire a solicitor for holiday injury claims, as they have specialist knowledge to help increase your chances of winning your case. If you lose your case, we operate under a “no win, no fee” basis, meaning that you won’t need to pay legal costs. You may still need to pay for work undertaken by the solicitor, but they will be able to talk through it.

How much compensation could I claim?

The compensation you receive depends on the type and severity of the injury you have sustained. There are several factors that need to be taken into consideration before the amount you’ll receive is decided – these may include if they are considered life-changing or long-term injuries and whether you’ve lost out financially. Your solicitor will be able to review your case and give you an estimation of how much they think you’ll receive.

The part of the claim that involves your injuries and pain caused is known as ‘general damages’. The part that involves losses in your income, medical bills or travel costs is referred to as ‘special damages’.

Advice From Personal Injury Solicitors

If you’ve experienced an injury or illness on holiday and you would like to make a claim for it, our personal injury solicitors have over 35 years of experience and knowledge to find the best possible outcome for your holiday accident case and ensure you are compensated appropriately. They will be able to guide you through the process and gather any additional evidence, whether your holiday was part of a package deal or you were working abroad. Contact our friendly team today on 01782 662424, email us at info@beestonshenton.co.uk or complete our online enquiry form and we’d be happy to see you through to a positive outcome. Alternatively, you can read about What to Expect When Bringing a Personal Injury Case.