An Overview on Claiming Compensation for an Accident on Holiday Abroad

To have an accident is always an unpleasant experience, if an accident occurs while on holiday abroad it is considerably more upsetting. If you are involved in an accident on holiday it is quite understandable that, depending on the seriousness of the accident, you will want to return home as soon as possible. However, if your accident was not your fault and was caused by a third party or as a result of negligence or poor maintenance on the part of a hotel, restaurant or bar, it is important that you obtain as much evidence as possible to demonstrate the cause of the accident as
soon as possible to enable you to bring a claim for damages against the party or organisation responsible.

Giambrone & Partners personal injury lawyers across our offices in Europe have extensive experience in assisting clients who have been injured abroad and are experts in successfully bringing claims for compensation. There are a number of things that will considerable assist a claim. If your accident occurred in a public place you should make every effort to:

• Obtain contact details of any witnesses, including people working in any adjacent commercial premises and bystanders.
• The police and emergency responders should be called and their contact details should also be obtained.
• If possible, take photographs of the aftermath of the accident and the surrounding area. This will form part of the evidence to demonstrate how the accident happened, as well as highlighting any attempt to modify the accident site to diminish responsibility for the accident.
• Take photographs of your clothing and footwear to offset the suggestion that you were to blame for a fall, for example, due to inappropriate shoes.
• If you had consumed alcohol prior to the accident obtain evidence that your consumption did not contribute to the accident.
• Inform your insurance company.
• Obtain a comprehensive description of your injuries and the prognosis.
• Write your own account of the accident as soon as possible.

Ottavia Pulizzi, an associate, commented “insurance in an important aspect in the event of an accident. Travel insurance should cover your medical and legal expenses to the extent indicated in your policy.” Ottavia further pointed out “If your accident occurred in a commercial premises you should obtain the details of their insurance company and their legal advisors in order to make sure that your claim will progress as quickly as possible and will not be held up by lack of information.”

If your accident was due to faulty building standards or poorly maintained equipment you may need a Local Standards Report, this is a report that defines the building standards that are normal for the country in which you had your accident and identify whether the building standards are acceptable or below standard. If found to be below standard a Local Standards Report will establish whether this is what caused the accident. A Local Standards Report must be drafted by an acknowledged expert familiar with the statutory building regulations in the country in question.
Accidents that occur abroad are judged on the basis of the safety standards common to the country in where the accident took place. Building standards vary considerably across the world and If the building standards are found to be acceptable, even if they are below the standards found in the UK, you will not be able to claim an award.

The opportunity to bring a claim for damages is time-limited. The time scales for making a claim can vary quite widely. A claim should be instigated as soon as possible to avoid the potential of being timed out. Giambrone & Partners’ well-regarded personal injury lawyers have a reputation as leading lawyers for personal injury claims, successfully challenging and defeating arguments by insurers and opposing legal teams to ensure our clients are compensated for the injuries they have received and firmly establish where the liability lies and who should pay
compensation.

Ottavia Pulizzi, an associate at the Palermo office, currently works within the Insurance department and has expertise in advising clients who have suffered personal injuries. Ottavia advises on the procedures to obtain compensation for damages relating to road traffic accidents, professional negligence, holiday accidents, accidents at work, sports injury claims, medical malpractice, trips and slips claims, damages caused by animals and pets, and boat and aviation accidents. Ottavia coordinates negotiations between Giambrone, insurance companies and external representatives.

If you have had an accident abroad and would like to know more about claiming compensation please contact Ottavia’s clerk, Helena
Balster, on HB@giambronelaw.com or please click here