Being injured while abroad can be an upsetting and complicated experience, and one which can bring any holiday or trip to an abrupt and unhappy end.
DMH Stallard’s personal injury lawyers have broad experience across the many legal issues which can arise in these circumstances.
Whether you were abroad as part of a package tour or as an independent traveller, we can help you understand your rights and legal options, and support you through to a successful conclusion.
What our personal injury lawyers do
We can help you deal with claims and legal issues arising from any injury abroad, including:
- Tour operator negligence
- Road Traffic Accidents
- Recovery of medical costs
- Recovery of loss of earnings and / or expenses
- Repatriation costs
How our personal injury lawyers work
Where you and your family have booked a flight and hotel as part of a package, any claim for injury or accident may fall under the Package Tour Regulations.
This means that, despite the accident occurring abroad, you would still be able to bring a claim under the jurisdiction of the English Courts.
To be awarded compensation under the Package Tour Regulations you will need to prove that the tour operator, or their representative (for example local hotel staff), have been negligent. This could be at the hotel or holiday complex itself, or alternatively on an excursion or holiday service provided as part of your package.
If you believe that you have been injured as a result of your tour operator’s negligence then you should seek specialist legal advice as soon as you return to the UK. As with any personal injury claim under English Jurisdiction, in most cases, you have three years from the date of an accident to have either settled a claim with the tour operator or to have issued court proceedings against them. If the injured person is a child then this date is their 21st birthday. It is, however, always better to deal with a claim sooner rather than later.
Should you choose to instruct DMH Stallard to deal with a claim for you, we will take a detailed account from you and gather and preserve any evidence that you have obtained. After considering the evidence and establishing that there are good prospects of a successful claim being made we would initiate a claim against the Tour Operator. Where an accident has occurred abroad, the tour operator is allowed 6 months to investigate the claim and to respond to the evidence that has been provided to them.
If you are successful in proving negligence then you would become entitled to compensation for both your pain and suffering caused by the injuries and your ruined holiday, and also your “out of pocket” expenses which in these types of cases might include the cost of medical treatment in addition to the usual types of expenses such as the cost of travel, medication or possibly loss of earnings.
If you are travelling as an independent traveller and not part of a package then you may still have a claim but it may need to be made in the country where the negligence occurred and as a result may be more difficult to pursue. In addition, there may be applicable European Law to be considered. Claims will be dealt with in different ways, and limitation periods for bringing claims may differ, as will the amounts and type of compensation you can recover.
Click here to read more about our other Personal Injury services.