We all love to go on holiday. It may be for the sunshine, the change of scenery and culture, or simply just to spend quality time with your loved ones. However, the last thing on your mind whilst you are filled with excitement is that you will fall victim to an accident that was not your fault.
If the unthinkable happens to you and you suffer an injury from an accident whilst on holiday that was not your fault, you may have a claim for compensation through your holiday package provider if the accident is in some way linked to the service you have bought. For example, if your accident is in the hotel that your package provider organised for you, you may be able to claim through the provider rather than against the hotel (due to differences in the law, going through the provider is the feasible option).
Now, one of the differences about claiming for an accident that happened abroad through a package provider is that the defendant is allowed a longer amount of time within which to investigate the matter before they admit or deny fault. Now this can be seen as an obstacle or you can think – well, is it better getting a compensation pay out a little later rather than never at all?
One of the most frustrating elements which we at The Injury Lawyers have found from speaking to our clients is that they lost part of the enjoyment for their holiday. This can either be through having to come home early, or through being unable to enjoy themselves as they would have done if they had not suffered an injury. No-one can give you that valuable holiday time back; but we can claim an item of loss which reimburses you for this lost time. The item of loss is known as Loss of Enjoyment of Holiday and if successfully claimed can be paid to you together with your other losses – you may even wish to put it towards another holiday for when you are better.
Loss of enjoyment of holiday is normally assessed by looking at the total cost of the holiday and calculating a proportion of that cost as loss of enjoyment. This would then be included as an item of loss to be claimed separately from your injury compensation. However, the proportion calculated is not guaranteed to be paid in full by the other side.
If you do suffer an accident abroad it is important to report it to someone who may want to enter it into an accident book. Check if there were any witnesses to your accident and get their contact details as they can provide valuable support to any later claim you may have. Seek medical attention for your injuries as this can also be used in evidence to support your claim.
