Our expertise claiming compensation for holiday injuries
Our personal injury lawyers help clients from all over England and Wales to claim compensation for accidents and illnesses suffered while on holiday.
We are able to secure substantial compensation for our clients in relation to issues such as:
- Car accidents throughout the EU
- Accidents abroad where England and Wales would be the appropriate jurisdiction
- Accidents and injuries suffered on package holidays, including:
- Brain injuries
- Serious food poisoning
- Slips, trips and falls
- Accidents at your hotel
- Accidents during activities offered as part of a package holiday
- Accidents during journey organised by the tour operator
We are accredited by the Law Society for Personal Injury Law reflecting our expertise in this area. IBB Claims’ partner Malcolm Underhill has particular expertise with all types of brain injuries, being accredited as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL).
Our team has also been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our exceptional skill in handling clinical negligence claims.
Legal 500 judges IBB as having an “excellent” personal injury department and “puts the client’s interests at the forefront of every decision.” Simon Pimlott has “a real eye for detail and works incredibly hard to get the best result for each client.”
Chambers describes Malcolm as being a highly experienced personal injury practitioner with a strong focus on cases that involve brain injury. A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."
To find out more about our specific expertise relevant to your situation, please get in touch.
Holiday car accident claims
Any car accident you are involved in within the EU or EEA (European Economic Area) will be covered by EU law, as long as all drivers involved were also from the EU or EEA. The EEA covers all of the countries in the EU, as well as Iceland, Liechtenstein and Norway.
EU insurers are legally required to appoint a UK representative to handle claims made by UK citizens. This means there is generally no need to deal directly with a foreign organisation to resolve a holiday car accident claim, which can help the claims process go ahead faster and more smoothly.
In certain situations, we are also able to help when the accident has happened outside the EU but where the circumstances of the accident mean that it would be appropriate for the claim to be pursued through an English or Welsh court.
Package holiday accident claims
For injuries that occur while on a package holiday, you can usually make a claim against the tour operator, as long as they are based in the UK. For a successful claim, we will generally need to show that the tour operator or their local operator was negligent e.g. that they failed to make sure your accommodation or activities included in the holiday were safe.
There are various conditions that will normally need to apply for a trip to qualify as a package holiday (and therefore be eligible for a claim).
Generally speaking, a package holiday will need to include at least two out of the following:
- Transport
- Accommodation
- Activities or other tourist services unconnected to your transport or accommodation e.g. day trips
It will also need to be:
- Sold in the UK
- Pre-planned
- Offered for an inclusive price
- Cover a period of more than 24 hours or include overnight accommodation
How we handle holiday injury compensation claims
We can usually resolve most holiday accident claims out of court with a negotiated settlement. This may involve straightforward negotiation between our team and defendant’s legal representatives or a range of other alternative dispute resolution approaches.
This approach is normally preferable to court action as it can allow claims to be resolved faster and with lower legal costs, as well as letting you avoid the stress and uncertainty of a court hearing.
However, our team have very strong experience pursuing holiday accident claims through the courts, so no matter what approach is needed, we can help you achieve the best available outcome.
Our no win no fee holiday accident claims service
The cost of pursuing a holiday accident claim should never be a reason to put off pursuing a legitimate claim, so we are happy to offer ‘no win, no fee’ deals for the majority of our clients.
More properly known as a ‘conditional fee agreement’, this means you will not need to pay anything upfront to start a claim and will only need to cover our legal fees if we win compensation for you. In the event of a successful claim, our fees will typically be based on a percentage of the damages we secure for you.
Alternatively, you may prefer to fund your claim using legal expenses insurance where you have this option available. This is frequently offered alongside car insurance and home insurance, so may be worth considering if you have the appropriate cover.
We will provide a transparent breakdown of the likely cost of making a holiday accident claim at the outset, giving you a clear picture of our fees and expenses. A client has said, “we were reassured by the no win, no fee guarantee as well as IBB's instructions to take out an insurance for every possibility.”
To find out more about starting a no win, no fee holiday accident claim, please speak to a member of our team now.
How much compensation can you get for an accident or illness on holiday?
The value of a holiday accident claim will depend on various factors, including:
- The severity of your injuries
- The impact on your health and lifestyle
- Any specific costs you have incurred as a result of your injuries
- The level of liability the defendant admits to or is found to have by a judge
You can typically claim two types of damages for an accident or illness on holiday:
Special damages – For specific financial costs you have had to bear as a result of your injuries up to the date of the settlement/court hearing.
General damages – For non-financial losses, such as pain, suffering and lifestyle changes, as well as covering expected future financial losses, such as paying for ongoing care cost and reduction in your earning potential.
Our holiday accident claims lawyers will offer a reliable valuation for your claim at the outset, based on our experience and the advice of independent medical professionals and other expert advisers. This will give you a clear idea of what level of compensation you may be able to achieve before you decide to pursue a claim.
What is the time limit for a holiday accident claim?
You will usually have 3 years from the time an accident or illness occurs to make a claim in most cases. However, there can sometimes be different time limits for claims involving injury abroad, so we recommend getting in touch at the earliest opportunity to ensure you don’t miss out on your chance to claim.
Get in touch with our expert holiday accident claims solicitors today
To arrange your free consultation on starting a holiday accident claim, please call us on 0333 323 1640, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.
