Holiday Accident Claim Process

The 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 the parties involved. You will need to obtain an expert report from a medical professional which documents the extent of your injuries. The report will assist in providing guidance for 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 define the local statutory, regulatory or customary standards which will assist in defining liability.

It will also be important to keep a note of the expenses incurred due to your injuries, this can include travel expenses, child care and medical expenses. Giambrone's personal injury team points out that, many household and motor insurance policies include legal expenses, this may help to fund your claim. Our expert personal injury lawyers will study and evidence and advise you whether there are grounds to make a claim.

How much can you receive?

If you are able to go ahead with a claim our lawyers will provide an estimate of the time frame and the potential amount of compensation you can claim. Initially, we will always attempt a negotiated settlement as opposed to court action. We will also discuss how you can fund your claim, however, the majority of cases are handled on a contingency basis (no win no fee), once it has been established that the claim is viable and has a reasonable chance of success.

Letter of claim

Once the decision is made to make a claim, a “letter of claim” will be sent 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 may include going to court.

Court proceedings

If your case needs to go to court, the time frame is then in the hands of the court. The court will advise on the hearing date and we will let you know what the next steps are. At the hearing the judge will examine the details of your case and hear the arguments from both sides and make a decision on liability and on the amount of 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 or contingency fee, is an agreement you make with your lawyer whereby a fee is payable only if the matter is successful so that a claim for compensation can be made without having to pay legal fees prior to the court hearing and if the claim is unsuccessful no fee will be due. 

All matters dealt with on a contingency basis (no win no fee) take the risk out of making a claim for accidents sustained abroad, as regardless of the outcome you will not be liable for the lawyer's legal fees.

You can start a 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 anything.

If you do win, a pre-arranged fee, agreed prior to any legal action, will be deducted from your compensation. There will be no unpleasant unexpected surprises.

Time Limits

As with all compensation cases, there are time limits for making a claim. Your claim must be made within three years from the date you were injured or the date you became aware of impairment caused by the injury in accordance with the Limitation Act 1980.