If you have been injured whilst on holiday abroad, through no fault of your own, you may be entitled to claim personal injury compensation. The main difference between making a claim due to an injury suffered whilst on holiday abroad, and making a claim for an injury suffered on holiday at home, concerns the negligent party.

For example, if your foreign package holiday was booked with a tour operator, a personal injury solicitor can pursue a claim for negligence in the courts in England and Wales against that company; even if your injury was due to their representatives, such as the foreign hotelier. For example, if you suffered burns due to a faulty shower in your hotel room. However, the tour operator, or the travel agent with whom you booked the holiday, must be one that trades in the United Kingdom.

In order to claim personal injury compensation, you must prove that another party was at fault. Therefore, you will need to collect evidence from the scene of the incident, such as photographs and measurements. You should also gather the contact details of witnesses, and any bills or receipts for local medical care or extra travel expenses. It is also important to let your tour operator know what has happened without delay.

There are strict time-limits for claiming personal injury compensation in the UK; usually three years from the date of the incident. Therefore, the best course of action would be to contact an expert personal injury lawyer, as soon as you return from the holiday.

On the other hand, your holiday injury may have occurred whilst you were travelling abroad independently, or whilst in a place that was not part of a package tour. For example, you may have suffered food poisoning from a restaurant whilst you were travelling independently in Greece; or you may have tripped over a paving-stone in a public street in Spain and injured your knee.

In such cases, a foreign party may be held responsible, such as a local Greek restaurateur or a Spanish city council. You may still be able to pursue a claim for personal injury compensation in a foreign court, but it will be a more complicated process than claiming against a UK travel agent or tour operator. Additionally, no-win, no-fee agreements may not be available for legal proceedings in foreign courts.
 

Last Updated on 19/09/2011