Personal injury claims overseas

Product Details

Irwin Mitchell Solicitors' (IM) award-winning International Travel Litigation Group (ITLG) has successfully recovered compensation for thousands of British holidaymakers and travellers injured in countries across Europe, the USA, Canada, the Caribbean, Africa, Asia, Australasia and elsewhere in the world.

With a team of over 60 English and foreign lawyers specialising in personal injury claims overseas, the ITLG is recognised as the "heavyweight champion" of overseas claims and has won record awards of compensation for many of our clients. Last year alone we won over £20,000,000 for clients who were ill or injured abroad.

Servicing clients needs from our offices around the country, the ITLG has unrivalled expertise in dealing with claims ranging from illnesses (including Salmonella, Campylobacter and Legionnaires disease) through to severe brain or spinal injuries. The ITLG has also successfully represented Claimants in relation to accidents occurring on trips during gap years, including the family of John Hodgess who died in the USA while on such a trip.

The team have many years of experience in handling complex overseas legal claims and many of the team are either qualified foreign lawyers or are fluent in a number of foreign languages.

For free initial advice please call IM’s ITLG on 0870 1500 300 or for further information about our services, including case studies of some actual ITLG clients please click here >>

Have you ever suffered an accident or illness whilst on holiday that was not your fault?

Have you or a member of your family ever:

• Been involved in an accident that wasn’t your fault at your hotel accommodation / hotel complex or cruise ship?
• Been injured in a road traffic accident, coach crash, as a pedestrian or in a boating, aviation or other accident abroad?
• Become ill due to the poor quality of the food or unhygienic conditions in your Hotel or Cruise Ship?

If the answer is ‘Yes’ to any of the above then you may be entitled to claim compensation.

If you booked a package holiday then the tour operator has legal duties relating to all of the services that you booked as part of your holiday including:

• Aspects of the hotel accommodation, such as food and hotel facilities
• Air travel
• Cruises
• Coach or car transfers
• Excursions that were booked as part of the travel package

If you are going on a gap year trip the following precautions might be useful:

• Ensure you take out adequate travel insurance. Medical expenses can mount up quickly and in some countries medical treatment will not be provided unless you have the means to pay for it.
• If you are going to undertake “Hazardous activities” such as bungee jumping, sky diving etc, ensure that your travel insurance policy covers you for accidents occurring during such activities. If it does not, get top up cover to ensure you are protected.
• If you do agree to undertake hazardous activities while abroad and your insurance does not cover you, ask if you are covered under the insurance policy of the company organising the activity and, if so, check its terms. If there is no such cover, or the cover is inadequate, seek additional insurance protection before you do it.
• If a company asks you to sign a form waiving any claim you may have against them in the event that there is an accident, the activity is likely to have risks attached to it. Ask questions about the nature and extent of the risk to ensure you are properly informed. Signing such a disclaimer may leave you without a remedy if something does go wrong.
• Take a list of emergency phone numbers with you and keep it handy. You may want to keep the number of the nearest British Embassy/Consulate Office, the numbers of local hospitals and the numbers of your insurers on this list as well as contact details for your next of kin.

What actions can you take to help assist with your claim?

• If you have been involved in a road traffic accident, report the accident to the local police
• Always seek appropriate medical attention both abroad and upon your return. If you have travel insurance, your insurers may arrange and pay for this for you.
• If you have suffered illness, make sure you are tested for the presence of infection.
• If your complaint arises from your stay at a hotel or from other services which are part of a package holiday, make your holiday rep aware of any complaint immediately. Record all aspects of your complaints on a written customer complaint form…and keep a copy.
• Speak to any potential witnesses (including, if relevant any other unhappy holidaymakers) and exchange information and contact details.
• Take photographs and/or video footage of anything that might be useful as evidence for your claim.
• Do not accept compensation payments on the spot and without the benefit of legal advice. Do not sign any document, which waives your right to pursue the complaint further.
• On return home, if your claim arises from a package holiday make a written complaint to the tour operator within 28 days.

Even if you have not followed the above advice, it may still be possible to successfully pursue a claim for compensation.

There are a variety of claims for compensation which you may be entitled to. These include:

• The loss of enjoyment of your holiday
• Diminution in value of your holiday
• Reasonable expenses not recoverable from your travel insurers.
• If you were injured or ill you can also claim compensation for any pain, suffering and loss of amenity
• Past and future losses and expenses including loss of earnings, the cost of care and assistance, medical expenses, ruined or damaged clothing or possessions etc.

For free initial advice please call IM’s ITLG on 0870 1500 300 or for further information about our services, including case studies of some actual ITLG clients please click here >>

We comply with the Solicitors’ Code of Conduct 2007. Any solicitor (or registered European lawyer) we refer you to is independent from us and will give you impartial and confidential advice. You are free to choose another solicitor (or registered European lawyer).

We have a financial arrangement with Irwin Mitchell Solicitors where we will introduce clients to them and they pay us a yearly fee. Under no circumstances will you be asked to reimburse IM for any of their payments to us.

Irwin Mitchell Solicitors is completely independent of gapyear.com and will always act in your best interests. Our agreement with Irwin Mitchell Solicitors does not affect the advice they give you, which will always be impartial and confidential.