Holiday Sickness Claims
If you have suffered a holiday illness, which was not your fault, then you may be entitled to make a personal injury compensation claim.
If you experience holiday sickness and you are travelling as part of a package holiday then you will be protected by The Package Travel, Package Holidays and Package Tours Regulations 1992. These regulations cover individual who have booked a package holiday and experience travel sickness, allowing you to claim compensation for any damage caused by the tour operator’s (or its suppliers’) failure to properly perform their contract.
A package holiday under the Regulations is a holiday, trip or excursion:
- Which lasts for a period of over 24 hours or includes overnight accommodation;
- Was paid for under one invoice to a single company;
- Includes a combination of at least two of the following which were arranged prior to the holiday commencing:
- Other tourist services not related to transport or accommodation (such as sight seeing or activity events).
Where the Regulations apply the tour operator can be held directly responsible for any holiday accident and any personal injury suffered as a consequence, either within or outside the UK, providing that the accident arose through the negligence of another party. The same would apply to any holiday illness that you may suffer, for example food poisoning.
For the Regulations to apply the negligent act must be linked directly to the accommodation, travel or event that you purchased through the tour operator.
How long will it take to make my holiday compensation claim?
How long it takes to settle your travel claim will depend on the individual circumstances of your case.
It is important to note that when making a claim for an illness or injury that happened outside of the UK, we have to give the other side six months to investigate and respond on the question of liability.
In a straightforward case where the other side admits they were at fault it takes approximately 12 months to settle these types of case.
How much compensation will I get for my holiday sickness claim?
The amount you can claim will depend on the specific details of your case and the nature of your travel illness or injury.
Mild food poisoning on holiday involving stomach pain, cramps and diarrhoea continuing for several days would, on average, settle for between £700 and £3,000.
Contrast this with more severe case of food poisoning that leads to severe toxicosis causing serious acute pain, vomiting, diarrhoea and fever, requiring hospital admission.
If the food poisoning caused serious and continued conditions such as irritable bowel syndrome, and had a significant impact on your ability to work and enjoy life, your claim could see you receive a compensation amount of up to £40,000.
What will it cost?
After gathering as much information as possible about your injury we will assess your claim and advise you whether we can act for you on a No Win, No Fee basis. In the U.K. the law allows a successful claimant to claim part of their legal costs from the unsuccessful party.
If after assessing your claim, we believe that you have a reasonable prospect of success we will work for you without charging you any upfront fees because we believe that you will be successful against the person or company that you believe is responsible for your injury. Please note that any disbursements, such as costs for medical reports and medical records, are payments we will need to pay to third parties, and are not recoverable if you are unsuccessful with your claim and therefore will have to be paid by you. If your claim is successful then these costs are paid by the fault party. In any case, we will make you aware of such costs before incurring the same.
Every claim has its own merits and risks. If we are happy with the merits of your claim we will also be happy to accept the risks of running your claim for free but as your solicitors we are entitled to be compensated for the risk we take.
Although the losing party will pay some of your legal fees for running your claim they will not pay us for the risk we take on in running your claim for free. In April 2013, the law in the UK changed and we are now allowed to claim up to 25% of your total compensation if you are successful. If you lose we will of course not charge you any fees at all.