How To Sue For A Holiday Accident

Millions of people tend to go on holiday each year, either in the UK or abroad. Whilst their holidays are usually accident-free, some unfortunate holidaymakers are injured while away. Throughout this guide, we explain how to make a holiday accident claim.

Key Takeaways

  • If you suffered injury and/or harm as a result of an accident that wasn’t your fault whilst on holiday, you might be eligible to claim compensation.
  • You could claim if you sustained injuries at home or, in certain circumstances, while abroad.
  • Evidence that proves liability for your injuries is required to make a personal injury claim.
  • Settlements could be impacted by injury severity as well as any financial losses that can be reimbursed as part of the claim.
  • One of the specialist No Win No Fee solicitors from our panel can help you with your claim.

We are available 24/7 to listen about your holiday accident and advise you on whether you could sue for your injuries. For a free assessment, please get in touch:

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Can I Claim For A Holiday Accident?

If you booked your holiday as part of a package deal through a UK tour operator, you could be eligible to claim compensation. However, this only applies if the injury occurred as part of the package holiday. This is due to the Package Travel and Linked Travel Arrangements Regulations 2018. However, you need to satisfy the personal injury claims eligibility criteria.

In order for you to make a claim for a holiday accident, there are criteria to be met. Firstly, we need to establish if:

  • The tour operator owed you a duty of care at the time you suffered an injury. This is a legal obligation that is placed on individuals and/or organisations to take reasonable care to avoid causing foreseeable harm.
  • There was a breach of the duty of care.
  • The breach of duty resulted in you sustaining injuries.

Again, this only applies to injuries suffered where your tour operator owed you a duty of care. For example, if you sustained a broken ankle in the hotel lobby and your hotel was part of the package holiday, you could claim against the tour operator.

However, if you break your ankle in another location that was not part of the package, such as a bar or restaurant, you would not be able to claim under UK legislation. In these circumstances, your holiday accident claim might need to be made in the country of your accident. Therefore, it will be subject to the law of that country. This might affect your rights and/or compensation amount.

Chat with us today about the circumstances of your holiday accident, and we can assess whether your claim is valid and discuss the options available to you.

What Holiday Accidents Could Lead To A Claim?

Whilst each holiday experience is unique to you, below you will find examples of holiday accidents:

  • Wet flooring leading to a slip, trip and/or fall. For example, a cleaner mopped the floor in your hotel but failed to put up a wet floor sign to warn of the hazard so you slipped and sustained a wrist fracture.
  • Illness caused by lack of hygiene in the hotel restaurant. The tour operator should ensure that the hotel catering satisfies food safety standards. If they were made aware of a problem, such as food left at room temperature when it needed be stored chilled, and failed to take action, you could suffer food poisoning.
  • Lack of maintenance and inspections could also result in injuries. For example, if the package holiday provider made travel arrangements but they failed to inspect the transport means, such as a bus and you sustained lacerations to your hand because of an object sticking out.

Speak to us today about the incident that resulted in your injuries. You could have a valid holiday accident claim.


What Do I Need To Make A Holiday Accident Claim?

In order for you to make a holiday accident claim, it is advisable to keep evidence. As part of the personal injury claims process, you will need to prove that the package tour operator was liable for the injuries you suffered.

Evidence could include:

  • Travel documents ( tickets, boarding passes, hotel booking details, booking confirmation).
  • Travel insurance documents (if you have them).
  • Witness contact details if they’re willing to provide a statement later on.
  • Photographs (location, defect, injury).
  • Medical evidence (records and a report).
  • Wage slips if you have suffered a financial loss (time off work) to recover loss of earnings (both current and future loss of earnings).
  • Video footage of yourself whilst on holiday, if available.

If you meet the eligibility criteria to seek compensation, one of the specialist holiday accident solicitors from our panel can advise you on the evidence you could collect.  Contact us today to speak with an advisor.

Travel documents, including passport, credit cards and plane tickets on top of a map.

How Much Holiday Accident Compensation Could I Receive?

As all claims vary, with different merits affecting them, it is difficult to confirm the exact amount of compensation you could be awarded for a holiday accident. This section examines how compensation could be awarded for a successful holiday accident claim.

Your settlement depends on the severity of your injury and/or harm caused, as well as any financial impact. Compensation for the physical suffering and emotional pain will be awarded under general damages. Whereas, special damages reimburse you for the financial impact it has had on your life. Although special damages are not always recoverable, we recommend submitting a claim for them.

Your general damages will be valued using an independent medical report, which will provide a prognosis period and determine whether you require any further treatment. The person valuing your general damages will use both the medical report and a resource known as the Judicial College Guidelines (JCG). These guidelines suggest compensation amounts for many types of injuries.

Below are a few figures from the JCG, except for the top row (this figure is not from this resource). Please only use this table as a guide.

InjurySeverityGuideline Amount
Multiple Very Serious Injuries Plus Financial LossesExtremely SeriousUp to £1,000,000 and above
ParalysisTetraplegia (also known as Quadriplegia)£396,140 to £493,000
Brain/head injuryModerate (i)£183,190 to £267,340
Back injurySevere (i)£111,150 to £196,450
Digestive System DamageIllness from Non-traumatic injury (i)£46,900 to £64,070
WristSignificant£29,900 to £47,810
AnkleModerate£16,770 to £32,450
ShoulderSerious£15,580 to £23,430
Less Serious Leg InjuriesSimple Femur Fracture£11,120 to £17,180
FootModestUp to £16,770

Special damages can be the likes of:

  • Loss of earnings
  • Travel costs
  • Medical costs
  • Care costs or modifications to the home

Please speak to us today for a free valuation of your holiday accident claim. Our lines are open 24 hours per day, 7 days per week and we can advise on what items you could claim for under the special damages head of claim.

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What Is The Time Limit When Claiming For Holiday Accidents?

Claims that are made in the United Kingdom have to be made within three years from the date of the accident. This is when the three-year time limit starts. This is known as the limitation period outlined in The Limitation Act 1980.

However, there are some exceptions, including for minors and those without the mental capacity to handle the claims process. In both of these cases, the time limit is suspended and a litigation friend could be appointed to start the claim on behalf of the injured party.

For minors (those below 18 years old), the time limit does not start until their 18th birthday, giving them 3 years to start a claim from then. In the case of those without the mental capacity to claim, the limitation period is suspended for as long as they are without this capacity. Should they regain it, then the time limit starts, giving them three years from that date to begin the process.

This time limit may vary if your personal injury claim needs to be made under another country’s legislation.

How Long Will A Holiday Accident Claim Take?

Because holiday accident claims are not the same, there isn’t a specific amount of time that they can take to settle. Here are some examples of items that can impact the settlement time frame:

  • Whether or not the package holiday operator accepts or denies liability.
  • Evidence. The strength of your evidence could help reach a settlement sooner. However, if the tour operator denies liability, you might need to collect more.
  • Negotiations can differ in time as well as you may not wish to accept their first offer.
  • Nature of your injuries: if your medical expert has recommended you wait until the end of your prognosis period before any offers to see if you have fully recovered (this can take time).

If you would like to discuss the options available for starting a holiday accident claim, please use the contact information at the top of the page to get in touch.

How Can Our Panel Of Holiday Accident Solicitors Help You?

If you are eligible to make your holiday accident claim with us, one of the specialist solicitors on our panel could support your case. They can help you by:

  • Providing decades of experience and expertise with personal injury claims, specialising in accidents on holiday
  • Assisting with making appointments with medical experts and treatment. providers
  • Helping with collecting evidence.
  • Completing any court documents.
  • Supporting you through the personal injury claims process.
  • Making sure that your claim is accurately valued to ensure that your settlement reflects the full nature of your injuries and any financial hardships they caused.

Our panel can do all this and more for you without taking any upfront or ongoing fees for their services. This is due to a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).

If your case is successful, we will deduct a small, legally capped success fee from your compensation for the work done on your claim. However, if your claim is not successful, you will not be asked to pay this fee.

If you have suffered an accident while on holiday that resulted in injury that was not your fault and would like more information about how to make a holiday accident claim, don’t hesitate to get in touch:

Learn More About Making A Personal Injury Claim

Additional resources from our website:

Further resources from across the web:

Thank you for reading our guide on making a holiday accident claim. Please get in touch if you have any questions or would like to find out if you could have good grounds to claim compensation.