If you have suffered severe injuries because of your Holiday Accident or Holiday Illness then the largest part of the claim is likely to be for financial loss, including loss of earnings, cost of care and expenses. Future losses are very difficult to assess and the best the courts can do is to make an estimate of those future losses.
Compensation for future loss is only possible providing the loss claimed for is not too remote a consequence from the breach of the holiday contract. Therefore, if you have suffered a very serious illness or injury whilst on holiday, providing any loss of earnings, care costs/future care costs and loss of pension can be directly attributed, then you should be able to recover these losses as compensation.
The court will try to compensate any victim fully, but will also be careful to avoid over-compensation. Therefore, where a claimant has received a benefit that reduces the actual loss suffered, it should be deducted. Benefits that are deductible include, voluntary payments by the defendant; sick pay and social security benefits.
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