Most people are aware that if they are injured because of someone else’s negligence then they might be able to claim compensation. That’s because of laws in England and Wales that are designed to put people back into the position they were in before an accident occurred if it wasn’t their fault.
Whilst that may be physically impossible in cases of personal injury, since injuries can’t be cured by money, it can at least ensure that an injured person will have enough money to compensate them for their pain and suffering, repay any out-of-pocket expenses and ensure that they are able to pay for any necessary medical treatment or adjustments to their homes to accommodate their injuries.
But what happens if you suffer a personal injury whilst you are on holiday abroad? Since you’re not in England or Wales at the time, what protection do you have to make sure you get the compensation you need?
There are two main ways of travelling abroad for the purpose of answering this question. The first is as part of a package holiday and the second is as an independent traveller.
If you are injured during a package holiday (for the legal definition of this, search online or ask your personal injury lawyer), your claim for compensation will be made directly to the company that arranged the holiday (the tour operator or travel agent) under your contract with them. They are responsible for all aspects of your holiday, from your flight to your hotel and any excursions arranged through them.
This makes life a lot easier than it could be because you don’t need to worry about whatever the local laws say in the country you were in when you were injured, and you don’t need to sue a foreign company in a foreign court. What may be considered negligent in the UK might not be considered negligent in other countries, since we have a much stricter code of health and safety than many other jurisdictions, so suing under the laws of England and Wales should make a claim for compensation easier.
You can therefore seek advice from and be represented by a firm of Solicitors in England or Wales for the whole process. If you do have an accident abroad, make sure that you take photographs of any injuries and where the injuries were incurred to secure that vital evidence.
If you have been travelling independently and are injured abroad, you can still make a claim in England and Wales in certain circumstances, depending on the nature of the accident. For example, if you are involved in a car accident in an EU country, if you are injured on your plane or ship, or if you are travelling on business for a UK company you can claim compensation through the UK courts. Otherwise, you would need to make an application in the country you were injured in and whether you were successful or not would depend on the laws of that country. Some UK solicitors have contacts in other countries who you can speak to through them, which can take the stress out of dealing with Solicitors in another country.
If you suffer an injury in the EU through a crime being committed against you abroad, you can seek compensation in the UK through the Criminal Injuries Compensation Authority (CICA). If you are outside the EU, then the country you are visiting might have a scheme similar to the CICA that you can apply to without having to make an application for personal injury through court.
If you have been injured as a result of a terrorist attack abroad, you will be able to seek compensation in the UK through the CICA regardless of where the injury was incurred.
If you have been injured in a car accident, you may be entitled to claim for personal injury
. Making a claim with Claim Today Solicitors (CTS); personal injury lawyers could be the first step to receiving compensation on a no win no fee basis and without any deduction from your personal injury claim compensation
, leaving you with 100% of your compensation claim.