Accidents on holiday
Sadly an accident can turn that long-awaited holiday into a nightmare. Our Foreign & Travel Law Department personal injury solicitors can help you recover compensation after an accident on holiday.
An accident abroad – whether a sudden illness, a fall by the hotel pool, or a more serious event like a road traffic incident – can leave you feeling frightened and overwhelmed. The physical pain is often only part of the experience; many also face emotional distress and uncertainty about what to do next.
It will be necessary to show that the accident was caused by the fault of the holiday company or of someone acting on their behalf such as a member of hotel staff or a coach driver.
What is a package holiday?
If your holiday was a package holiday and you had an accident on holiday, you may well be able to bring a claim against the holiday company in the Scottish courts.
As defined by ABTA, a package holiday involves purchasing two or more travel services together. This is typically flights and accommodation but it can also include car hire or tourist activities.
When booked as a package your trip is protected under UK law, specifically the Package Travel and Linked Travel Arrangements Regulations 2018.
This protection can help if you’re injured due to someone else’s negligence while on your trip. You might be entitled to claim compensation in the Scottish courts against the company that sold or organised the package.
Determining fault for package holiday accident claims
Although the holiday accident claim can be brought in Scotland, our courts, in deciding whether someone was at fault, will apply the standards prevailing in the country where the holiday accident occurred.
Local standards can be lower, sometimes much lower, than in the UK and that may make it difficult to recover compensation.
If you were injured while taking part in an excursion or activity off the hotel premises, it may be possible to bring a holiday accident claim against the holiday company in this country provided that the excursion or activity was pre-booked with the holiday.
If you booked the travel and accommodation elements separately any holiday injury claim would have to be made directly against the party who caused the accident in the foreign country.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Common types of accidents on package holidays
If your holiday was booked as a package, and you were injured due to the negligence of your holiday provider or someone acting on their behalf (such as hotel staff), you may be entitled to claim compensation. This includes physical injuries, emotional distress, loss of enjoyment, and financial losses like medical bills or loss of earnings.
Accidents in hotels and resorts
Many of the most common holiday accidents take place within the hotel or resort grounds. Wet tiles around the pool or poorly maintained floors can easily cause a slip or fall. In other cases, guests may encounter faulty fixtures such as broken balcony railings or defective furnishings, which present a real risk of injury. Additionally, food poisoning remains a frequent issue – often caused by contaminated food, poor hygiene practices in hotel kitchens, or improper storage and handling of food items.
One client sustained a head injury in Lanzarote after slipping on spilled cooking oil in a hotel restaurant. She successfully brought a claim in the Scottish courts against the holiday provider and received compensation – avoiding the complexities of dealing with a foreign legal system.
Accidents on excursions or activities
Accidents aren't limited to your accommodation. Many holidaymakers are injured during excursions or while taking part in watersports or adventure activities, especially where safety protocols are lacking. Transport accidents on guided tours are another risk, often resulting from poor maintenance of vehicles or driver error. Sometimes, inadequate supervision or faulty equipment leads to injuries that could have easily been avoided with the right precautions in place.
Accidents in transit
Getting to and from your destination should be stress-free, but accidents can occur during transit. Whether it's a coach crash en route to your hotel or an incident at the airport during boarding, these types of accidents are unfortunately more common than people realise. Injuries during transfer journeys are often linked to poor road conditions, reckless driving, or lack of proper safety measures.
The key legal point is this: under the 2018 Regulations, the company that sold you the holiday is responsible. Any complaints or claims should be directed to them.
Although your claim will be pursued in the Scottish courts, the safety standards that apply are those of the country where the accident occurred. These can sometimes be lower than UK standards, which may make your case more challenging. This is why high-quality evidence from the scene is crucial.
How can Digby Brown help?
At Digby Brown, we understand how distressing it is to suffer an injury on what should be a relaxing break. Our Foreign and Travel team is the only dedicated unit of its kind in Scotland. We have decades of experience helping clients with cases such as illness outbreaks, hotel negligence as well as claiming against companies such as Jet2 and EasyJet for package holiday injury claims.
Digby Brown is Scotland’s largest specialist personal injury practice. We are rated Band 1 by the leading independent publications, Chambers Guide to the UK Legal Profession and Legal 500.
As members of the Pan-European Organisation of Personal injury Lawyers (PEOPIL) and the American Association for Justice (AAJ), we have access to a global network of specialist personal injury lawyers who can help us to help you.
With offices in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr we handle personal injury compensation claims across Scotland. Call us or fill out our online enquiry form to speak with our expert team
FAQs
Is there a time limit for making a claim?
Yes – however this may be different to the Scottish time limit of three years. The time limit for bringing a claim could be governed by the law of the country where the accident occurred. It is important that you seek specialist advice as soon as possible to find out how long you have to make a claim.
What should I do immediately after the accident?
Your safety is the top priority so the first step to take after an accident abroad is to seek medical attention. If you receive medical treatment it is crucial to request a copy of your medical records when leaving the hospital.
It is also important to gather as much evidence as possible at the scene of the incident. This can include taking photographs and videos of the accident and any injuries. The more details you can collect, the better.
Additionally, it is essential to obtain the contact details of any witnesses. This can be difficult once you have left the country, so it is vital to gather this information as soon as possible.
Has Brexit affected your right to make a claim?
No, you still have a right to make a claim. The Package Travel and Linked Travel Arrangements Regulations 2018 are now part of UK law and Brexit has not removed these consumer protections so you can still bring claims through the Scottish legal system.
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