Travel and Holiday Accident Claims
If you have had an accident whilst on holiday you could be entitled to claim for pain, suffering and loss of amenity (known as general damages) and your financial losses (known as special damages) arising as a result of the accident.
The matter is more straightforward if you booked your holiday as a package in this country as you can pursue your claim under the Package Tour Regulations. This means that you pursue the claim against the Travel Agent/Tour Operator in this Country although the accident happened abroad.If this is the case and we are satisfied the claim possesses reasonable prospects of success, we will proceed with your claim under a Conditional Fee Agreement.
If you did not book your holiday as a package, we may still be able to assist with travel and holiday accident claims. However, the funding arrangement will depend on the law in the country where you had your accident. In America, they proceed with claims on a contingency fee basis. This means that you will not pay any costs if you lose your claim but if you succeed the American lawyers will take between 30-40% of your compensation (this may vary from State to State). Please call us NOW so we can advise you on whether or not you have a claim.
Financial losses can include the following:
- Cost of private medical treatment including physiotherapy and osteopath fees;
- Personal items eg clothes and jewellery;
- Gratuitous care (provided by your friends and family);
- Travelling expenses ie petrol and taxi fares;
- Past and future loss of earnings;
- Claim for your disadvantage on the open labour market if you are likely to be disadvantaged when applying for an alternative job.
We can see you at home, in hospital or at our local office on 100 New Walk, Leicester, LE1 7EA.
We will arrange for you to be examined by one of our suitably qualified medical experts. If you have sustained soft tissue injuries then an independent General Practitioner’s report may be sufficient. If you have sustained a fracture then we would arrange for you to be examined by a Consultant Orthopaedic Surgeon. If you have experienced psychological symptoms as a result of the accident such as flash backs, sleeplessness and panic attacks, then we may also recommend that a report be obtained from a Consultant Psychiatrist.
Any treatment the medical experts recommend can proceed on a private basis and will be funded by the other party’s insurers, provided they are satisfied the treatment is necessary. Once you have made a full recovery we will proceed to settle your claim. If liability still remains in issue, we will consider the prospects of the claim succeeding. If we are satisfied that the prospects of your claim are reasonable we will recommend that Court proceedings are issued. Very rarely do claims proceed to trial as a settlement is usually agreed once Court proceedings are issued before the matter reaches trial.
Providing we are satisfied that your claim possesses reasonable prospects of success, we will proceed with your claim under a Conditional Fee Agreement (no win no fee).
We will recover your compensation and our costs from the other party’s insurers.
LEGAL EXPENSE INSURANCE
You do not have any liability to pay the other party’s costs if you lose until Court Proceedings are issued. If it is necessary to issue Court Proceedings we will ensure that you have legal expense insurance to cover your opponents’ costs.
You may have the benefit of this cover on an existing insurance policy, however, if not we can arrange this on your behalf at no cost to yourself. This means if you proceeded to Trial and lost your case you would not have any costs to pay.