Holiday Compensation Claims
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How much is My Holiday Compensation Claim Worth

The amount of compensation you may be entitled to in the event of a holiday that has been ruined by illness or an injury suffered on holiday will depend on a number of factors including:

  • The cost of the holiday
  • The extent and duration of the illness or an accident
  • Whether your visited a hotel doctor or hospital while abroad
  • Whether or not there is a good case to show that the tour operator is responsible under the Package Travel Regulations

For typical examples of compensation pay outs we suggest that you read the case studies which can be found on this website.

If you would like to be advised about the value of a compensation claim for a holiday that has been ruined by illness or injury, we suggest you to call us today for a free telephone consultation. This area of law can be complex and we can put everything into simple terms for you.

Can I Claim back The Cost of my Holiday if ruined by an Accident or Illness?

This is the most common question that our travel lawyers are confronted with in the event of a ruined holiday due to illness or injury. The answer to this question is usually yes when half the holiday has been affected - but calculating compensation for a ruined holiday is not straight forward.

When determining how much compensation you may be entitled to, the law permits consumers to claim compensation under the following areas of loss:

  • Loss of Holiday Value – this relates to the actual cost of the holiday. If half of the holiday has been ruined, say by food poisoning, we would typically claim half of the holiday cost back for that person – although the tour operator are likely to argue that a proportion of the holiday costs relates to flights that were not ruined.
  • Compensation for Loss of Enjoyment from the Holiday – regardless of the costs of holiday you can claim compensation for the distress and disappointment caused by your holiday injury. The amount is usually calculated on a day be day basis of between £10 per day and £200 per day. If your holiday was a honeymoon you will be entitled to more compensation than a typical annual holiday to the Canary Islands.
  • Out of Pocket Expenses – these relate to the additional costs that you may have incurred as a result of your holiday and can range from medication costs, travel expenses ad hospital treatment.
  • Compensation for pain and suffering - this can vary from £1 to £50,000 plus, and is the reason we would always advise potential clients to speak to us if they are thinking about making a claim.

Remember that you may also be able to claim compensation for the accident or injury if you are still suffering when you arrive back in the UK. You may also be able to claim compensation for lost earnings if your employer has not paid you while you have been off sick.

How can a Lawyer Help me with my Holiday Claim

It is our experience that representatives will typically deny responsibility for illness and injury claims. If offers are made before we are involved, they typically tend to be woefully low. Typical arguments tend to be there were no other accidents or illness of a similar nature before your arrival and you should have taken more care etc. Our lawyers, many of who have worked for larger tour operators and know their paperwork inside out, can help you get round these arguments through our considerable expertise of overseas personal injury claims. We also have the expertise that enables us to value your claims.

To make a formal personal injury claim and to prove the extent of your injury or illness and maximise your compensation, it is likely that you will need a medical report completed by person with the right expertise. By instructing us on a no-win-no-fee basis, we can provide that service together with all the negotiating, letter writing and completion of legal documents that may be required.

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Dated: 17/01/2014

Author: © 2014