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Accidents abroad: guidance to claiming damages for UK citizens
Every year, thousands of people suffer an accident abroad. They can range from minor inconveniences to life-changing events, and often the victim is unsure of where to turn. Depending on the nature and the severity of the accident, you could be entitled to significant compensation if the accident was caused through no fault of your own.
In this guide, we explain the type of accidents you may be able to make a claim for, how you can make a claim, and any changes made to the process post-Brexit. We also discuss the importance of seeking expert legal advice to guide you through the process.
Click on a link to that section:
Find out what accidents could result in compensation.
The steps you need to take when trying to make an accident abroad claim
There are some accidents that may not result in a successful claim, find out more.
Discover how Brexit has affected making a claim for compensation following an accident in an EU country
Find out the necessary steps you need to take to be successful in your claim
How to gather the necessary evidence relevant to your case
The potential amount of compensation you may be able to obtain, and the time limitations.
Our expert personal injury lawyers are here to help.
What type of accidents abroad can I make a claim for?
There are several types of accidents that happen abroad that entitle you to make a claim. Common occurrences include:
- Road traffic accidents
- Falls due to inadequate safety measures
- Bacterial infections, such as food poisoning
- Medical negligence
- Burns
- Swimming pool accidents.
It can be hard to decipher whether you have a claim that will stand. Therefore, you should discuss your case with experienced personal injury lawyers to achieve a clearer understanding.
What should I do when I suffer an accident abroad in an EU Member State?
Prior to travelling abroad, you should ensure that you have comprehensive travel insurance. Following an accident that you were not responsible for you should always prioritise your health and deal with any legal proceedings as soon as you can.
You should seek expert legal advice as soon as possible to establish where the blame for the accident should be placed. Any witnesses should be contacted and you may need expert witnesses to confirm the circumstances of the accident, as well as a local standards report to help in defining liability.
Also, depending on the severity of your accident, you may need a Quantum report that outlines future care needs.
To find out more, you can read our full guide on the holiday claims process here.
Are there any exclusions?
Not all accidents will result in a successful claim. An accident in which the victim was wholly or partly to blame may not be successful. However, you should still be covered for medical expenses if you have travel insurance. Also, if you signed a contract that waives your right to sue or make a claim for compensation in the event of an accident, for example, if you undertake an activity that has a strong element of risk, you may not be able to make a claim. However, you should still seek legal advice as there may still be some level of responsibility on the part of a third party.
Making a compensation claim against an EU Member State - has Brexit changed anything?
Brexit has changed the way the UK interacts with the European Union in more ways than one. If you made a personal injury claim that took place abroad before 31st December 2020, then no changes will be applied. After this date, personal injury claims will no longer follow the "Brussels Regime," and will be established by common law rules. This means that claims will now be judged on a case-by-case basis subject to the laws of the country in which the accident took place.
Elements that can affect your case include where the compensation claim can be made, how it is pursued, and whether a foreign court will accept any decision made by a court in England & Wales. If you would like to discuss how your case is affected following Brexit, get in touch with our expert personal injury lawyers at Giambrone and Partners today.
How can I make an accident abroad claim?
Once you decide you wish to make a claim after suffering an accident abroad, you should contact an expert personal injury lawyer who will guide you through the process of submitting a letter of claim to the person or organisation you believe is responsible for your accident. The letter will outline your injuries, how you sustained them and the potential consequences. If the other party accepts liability, matters can be settled through alternative dispute resolution.
If the other party does not accept liability, or if an offer compensation that is much lower than expected, you can discuss your options with your legal advisor You can find out more about how Giambrone and Partners can help you with your personal injury abroad claim here.
What evidence do I need to make a claim?
If at all possible, you should start gathering evidence for your claim as soon as the accident occurs. Try an ensure that photographic evidence of anything you believe may be of use to your case is made, including any injuries on your body, the location where the accident occurred and any other relevant factors. For instance, if you suffered a fall, take pictures of what caused the accident, including evidence which demonstrates the absence of warning signs. You should also try to obtain the contact details of any reliable witnesses, and begin putting together a report of the incident. You should also keep the receipts of expenses such as accommodation and medical bills.
It is also advised that you obtain a comprehensive medical report highlighting the extent of your injuries and any potential consequences and limitations you may experience in the future. Gathering this evidence can be most beneficial to your case.
How much compensation may I get and how long do I have to make a claim?
How much compensation you get depends on the severity of your injuries and the type of accident that occurred. For instance, head injuries such as cranium fractures can result in six figure compensation, reflecting the seriousness of the injury and the potential long-term effects. Whereas smaller injuries like rib fractures can result in around €800 in compensation. It should be noted that these figures are a guide, and will vary depending on the factors relating to your case.
Catastrophic, life-changing injuries can result in compensation in the millions, particularly if life-long care is needed.
You have three years from the date of the accident to make a claim, although there are a few exceptions.
How can Giambrone and Partners help?
If you have a holiday accident claim you would like to pursue, our expert team of personal injury lawyers have years of experience and have enjoyed many successful cases, providing our clients with the compensation they deserve. If you would like to discuss the merits of your case with one of our professionals, you can give us a call today for a consultation.
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