Holiday Accident Claim Process
What information you will need to make a claim related to a personal injury abroad.
For personal injury and medical negligence claims, you will need comprehensive details of your injuries and any treatment undertaken, the date and time the accident occurred and details of anyone who was involved. You will need to obtain a report from a medical professional which documents the extent of your injuries. The report will help us to estimate the value of your claim. Depending on the severity of the injury you may also need a Quantum Report that outlines your future care needs, for example, you may need your home to be adapted to accommodate your injury or you may need 24-hour nursing care.
Depending on the type of accident you may also need a Local Standards Report, which will guide the lawyers as to who should be paying compensation.
It will also be important to keep notes of the expenses you have incurred due to your injuries, this can include travel expenses, child care and medical expenses. Furthermore, the personal injury department will also need the details of any insurance policies you have, many household and motor insurance policies include legal expenses, this will help us advise you on the best way to fund your claim. We will then study all case notes and evidence and advise you whether there are grounds to make a claim.
If you go ahead with a claim we will estimate how long it will take and the amount of compensation you are likely to receive if successful. We will also discuss the best way to fund your claim, the majority of our cases are handled on a contingency basis (no win no fee).
Letter of claim
Once we have all these details we will send a “letter of claim” to the organisation or person responsible for your injury. The letter will outline your injuries and how they occurred. If at this stage the defendant accepts liability for your injuries we will aim to settle your matter without going to court.
If the defendant does not accept full or partial liability or they make an offer of a lower sum than what you should reasonably expect in order to settle the case, we will advise you on the options available to you, which can include going to court.
If your case needs to go to court, the time frame is then in the hands of the judge. The court will advise on the hearing date and we will let you know what you need to do. The judge will look at the details of your case and hear the arguments from both sides and make a decision on an award, which is usually received in about one month.
What is ‘no win no fee’?
No win no fee, also known as a conditional fee arrangement, is an agreement you make with your solicitor so that you can claim compensation without worrying about upfront legal fees. If your compensation claim is unsuccessful, the no win no fee agreement states you won’t have to pay your solicitor any money.
As you don’t have to pay anything if you lose your case, no win no fee arrangements take the risk out of making an claim for accidents whilst abroad. There is no payment upfront and there are no hidden charges so you’ll never be left out of pocket.
No win no fee is extended to clients, subject to the firm specifically agreeing to take on your case under a contingency fee (no win no fee) arrangement. There are a few rare exceptions, which your lawyer will explain in more detail.
You can claim online now using our quick and easy claim form.
Will I really not have to pay if I lose?
If your claim is unsuccessful, you won’t have to pay a thing. Our lawyers won’t ask you for any money if they don’t win your case.
If you do win, some of the legal fees will be deducted from your compensation. The amount of money to be deducted will be agreed between you and your no win no fee lawyer at the start of the process, so there won’t be any nasty surprises.
As with all compensation cases, there is a time limit for making a claim. It is three years from the date you were injured or the date you became aware of the injury.