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Holiday Compensation

The annual holiday is a big investment, especially if you’re taking the whole family. After months of planning and saving so that you can spend a nice couple of weeks stress-free with the family, suffering an injury while you’re away can be a hugely traumatic experience.

Just like all other injuries, if your injury was caused because of someone else’s negligence then you are entitled to make a compensation claim. However, the fact that the injury happened while you were out of the country can make the process a little more complex.

Creating a successful case

There are two things that need to be established before you can put in any kind of compensation claim. The first is that an accident occurred in which injury was caused to you. This is pretty simple to ascertain and you’ll usually undergo a brief medical examination to prove this.

The second, just like all other personal injury claims, is that the accident happened as a result of someone else’s negligence. Generally, this is also something that’s pretty obvious and those responsible are usually aware of this fact. Even when a third party denies responsibility in the first instance, as soon as legal proceedings begin they are generally much more amiable, so most cases are settled out of court – especially when the other side realises the costs involved with fighting their side.

Laws on overseas injuries

The type of holiday that you are on will dictate the course of action that your case follows. The Package Travel Regulations 1992 will tell you all you need to know, but here is a brief overview:

If you were injured on a package deal that you booked through a travel agent then the accident must have happened on the hotel complex, or on a trip organised by the package provider, in order for you to be able to pursue a compensation claim against the package provider back in the UK. In order to be able to do this, as usual, you should gather up as much evidence as possible. Take photos of the area and the cause of the accident, take details of any witnesses and keep a record of any medical treatment that you’ve received. It’s also a good idea to write down your account of the accident as this can be used by your lawyer when you return home.

If you organised all of your travel and accommodation independently then it may become a little more difficult to make a claim and, if you want to pursue a claim then you may have to go to court in the country where the accident happened. However, you should still contact a solicitor in the UK as they’ll be able to guide you through the process as the same basic rules apply.

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