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Holiday Accident Claims

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If you were involved in an accident on holiday that wasn't your fault, whether travelling with a package tour operator or as an independent traveller, our solicitors may be able to help you claim compensation.

Holidays are an important time to rest, recuperate and have fun, but it's a sad fact that thousands of people are injured while on holiday every year. Fortunately, there are usually laws in place to help holidaymakers make holiday accident claims when injuries have been sustained in accidents that were caused by another party's negligence.

Most of the holiday accident claims we handle are made in England & Wales. But in some cases it may be beneficial to make your claim abroad. We can advise you on this in a free initial consultation about making a claim.

Compensation claims in England & Wales are normally funded through a No Win No Fee agreement. This means that there's nothing to pay upfront, and that you won’t have to pay any legal fees if your claim is unsuccessful*.

We have the UK's largest and most successful team of lawyers specialising in making accident claims abroad, with several of our lawyers recognised internationally as leaders in the field. Our lawyers have helped many thousands of people claim compensation for holiday accidents of all kinds, including:

  • Road traffic accidents
  • Slips, trips and falls
  • Accidents at sea
  • Skiing and sports injuries
  • Serious injuries
  • Accidents in hotels

If you've been injured in an accident on holiday that wasn't your fault, contact us on 0800 121 6558 for a free, no-obligation consultation on your case. Alternatively, you can contact us online and we’ll get back to you.


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Holiday Accident Claims - More Information

How much compensation you receive after an accident or illness abroad will depend on a number of factors related to your injury or illness, its circumstances, and the support and rehabilitation you need.

The amount of compensation you could claim is based on:

  • Your condition, and its severity
  • Psychological trauma experienced
  • Current and future loss of earnings if you've had to stop working in the short or long-term
  • Medical expenses you've had to or will have to pay both abroad and in the UK, as well as travel expenses to any appointments
  • Your care and support needs – both now and in the future
  • Modifications to your home
  • Mobility aids
  • The amount you had spent on your holiday or travel abroad, and the loss of enjoyment you've experienced
  • Your pain and suffering
  • Other financial loss or expense due to your injury

For more information, call us on 0800 121 6558 and we'll be happy to discuss your options in a free initial consultation.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk to you when making a compensation claim.

At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household, travel or car insurance policies, so it’s always worth checking whether you’re already covered.

If we think you're best supported by a No Win No Fee agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – even then your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

Please visit our No Win No Fee page for more information on how it works.

Even if your accident or illness occurred abroad, you can often make a claim here in the UK, though this will vary depending on your circumstances. For example, if you suffered an accident or illness while staying in a hotel as part of a package holiday, you should be able to make a claim against the tour operator here in the UK.

You can also usually claim in the UK if you’re claiming against an individual insurer or employer that is based in the UK, or a business or insurer based in the EU. The law around compensation is different in each country, so we will consider where it would be best to make your claim in order to get the best possible result for you.

If you do have to make a claim abroad, there’s nothing to worry about as we have years of experience in helping clients to claim in more than 80 countries around the world. We work with an international network of law firms to represent and support our clients and their families when they need to claim, no matter which country the accident or illness occurred in. Most claims are settled out of court, so it’s unlikely that you will need to travel abroad for a court case. If this is necessary in your case, we will support you every step of the way.

If you have any questions or concerns about making a claim abroad, contact us on 0800 121 6558 for a free consultation. We'll be able to advise you on your options, and talk you through the process.

To make a compensation claim for an accident or illness abroad, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or illness, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee arrangement.

If you choose to go ahead, your claim will usually go through the following four stages:

  1. Investigation. We'll establish who's responsible for your accident or illness, and arrange for a medical examination to find out the full extent of your condition.
  2. Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice that you are entitled to.
  3. Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to those responsible, and they can either accept blame or contest the claim.
  4. Conclusion. If your opponent accepts blame, you'll be awarded compensation. If not, the case will be settled in court – although this is rare. If you do have to go to court, we'll be there support you every step of the way. If we agreed to handle your claim under a No Win No Fee arrangement, then you won't have to pay anything if you were unsuccessful.

If you have any questions about the claims process, please contact us today on 0800 121 6558 for your free initial consultation.

Our personal injury team deals with thousands of successful claims each year, and our award-winning lawyers are recognised as leaders in their fields.

Meet our team of accident and illness abroad lawyers.

I am relieved that our legal battle is finally over. Our holiday was a nightmare and we were so disappointed. We’re glad Irwin Mitchell has managed to achieve a successful outcome for us”

David, client

Client Story - Holiday Accident In Portuguese Restaurant

Holiday Restaurant Accident

Our client was dining at a local restaurant while on holiday with her husband in Maderia, Portugal. Her dress was set on fire by candles left on the floor of the restaurant bathroom.

She suffered serious burns before the fire was extinguished by a staff member and was rushed to hospital in Spain, where doctors fought to save her life. She was then evacuated to the UK to receive specialist burns care, including three skin graft operations.

The restaurant refused to accept responsibility for a long time, but the case was able to move forwards when our solicitors began legal proceedings in Portugal. We were able to secure a settlement to compensate our client's pain and suffering and help her access any rehabilitation and therapy she may need to make the best recovery possible.

Read more about the story here.

Accidents Abroad

I am extremely grateful to Irwin Mitchell and their agents for achieving a settlement in this case: the settlement was much higher than I had expected." - Client

Read More Client Stories

Frequently Asked Questions

Who Can Claim Compensation For A Holiday Accident?

If you've been injured, or a loved one has died, as a result of an accident while on holiday, you could claim compensation if we can prove that the accident was caused by the negligence of a third party. For example:

  • A road traffic accident caused by someone else's reckless driving
  • Slips or trips in a hotel
  • Poorly maintained facilities at a tourist attraction, such as a theme park
  • Insufficient warning on risks or safety procedures on an excursion
  • Inadequately supervised or poorly instructed sporting activities

You can claim whether you were part of a package tour, or whether you were travelling independently.

We can help with holiday accident claims even if you had no travel insurance, as it may be possible to bring a claim against your tour operator or, in cases involving road traffic accidents, the insurers of the person responsible for your accident.

In the UK, you usually need to make a compensation claim within three years of your accident. In fatal cases, the family of the deceased usually has three years to make a claim, starting from either the date your loved one died, or the date you received the post-mortem results.

However, these time limits can vary a great deal from country to country and can often be shorter than 3 years, so when an accident has taken place abroad, it's vital that you contact us as soon as possible.

If you're unsure about whether or not you can make a claim, or have any other questions about the claims process, give us a call on 0800 121 6558 for a free, no-obligation consultation. Alternatively, you can contact us online and we’ll get back to you.

Who Do I Claim Holiday Accident Compensation From?

Working out the cause of your accident and who is liable for your compensation is a central part of the claims process. It's important to remember that the cause and the person liable may not be the same party.

For example, if you were travelling independently and you were injured at a tourist attraction because of poor safety standards, then your claim could be made against the company operating the attraction.

However, if you visited the attraction on an excursion planned, booked and run by a tour operator, then they may have a duty of care to you as a customer to ensure that health and safety standards were met.

A road traffic accident, on the other hand, could have been caused by the driver of a car that you're travelling in. In those circumstances, a claim may be pursued against the driver or their insurers and/or the company who employed the driver.

It's not always clear who is to blame for an accident, or who will be responsible for paying any compensation settlements. If you have any questions or are unsure about anything, feel free to give us a call on 0800 121 6558 for a free initial consultation on your case.

Why Choose Irwin Mitchell For A Holiday Accident Claim?

Claiming compensation for something that happened abroad can be a daunting prospect, so it helps to have the experts on your side. We believe that no one should be put off claiming compensation that they're entitled to, and will handle every aspect of your claim for you. We've helped our clients recover hundreds of millions of pounds for accidents and illnesses abroad.

We have the UK's largest team of international personal injury lawyers, with extensive experience in cases related to accidents and injuries abroad. With industry-leading expertise in both UK and international law, our team includes solicitors who are fluent in French, German and Spanish.

We also work with an international network of law firms and legal advisors to navigate local laws and language barriers, meaning we're expertly placed to handle holiday accident claims almost anywhere in the world.

We handle all of our claims with care and sensitivity, putting you and your family first in every instance. Rehabilitation is a key focus of our claims process, and we'll help you to access any medical care and support that you are entitled to both now and in the future as a result of your injuries.

If you have any questions about the claims process, or how we can help, give us a call on 0800 121 6558 for a free consultation on your case. Alternatively, you can contact us online and we’ll get back to you.

Read More FAQs

Related Information - Holiday Accident Claims

Holiday Food Poisoning Claims - what to do if your holiday has been ruined by food poisoning
Accidents While Working Abroad Claims - we can help secure compensation for injuries, distress and lost income
Skiing Injuries Abroad Claims - how to claim compensation if you have been injured in an accident that wasn't your fault
Rehabilitation - We specialise in helping you get the rehabilitation and support you need to make the best recovery you can

* To make a No Win No Fee claim, you need to enter a No Win No Fee agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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