Holiday Accident Claims
‘Whatever can go wrong, will go wrong’. This popular adage, known as Murphy’s law, reflects an unfortunate reality of life and applies just as much to those who are on holidays as it does to anyone else. While we all love a good holiday, the sad reality is that many of us suffer accidents, injuries and illnesses whilst abroad – the effects of which can last for months, years or even the rest of your life.
As a result, medical bills can pile up quickly, time off work can affect your income, and the injuries themselves can reduce your quality of life irreparably. That’s why, if you have been injured in a accident abroad and it wasn’t your fault, you may be entitled to compensation – allowing you the best chance to recover from whatever injury you have sustained.
At Crimmins Howard, our team of expert holiday accident solicitors will do everything we can to make the process run as smoothly as possible. We’ll listen to your story, provide you with practical legal advice and draw upon every possible resource we can to make sure that the injuries you’ve suffered aren’t ignored. We’re here to make the experience as straight forward as possible.
Where to bring a claim
From experience, we know that many of those who have suffered an injury whilst abroad are unsure how they should bring their claim – whether to engage an Irish solicitor or a local lawyer in the country in which the accident occurred.
Although it’s best to speak with your solicitor to find out what your options are, the following are by way of guideline:
Package Holidays – If you are on a package holiday organised by a tour operator based in Ireland and you are injured whilst on that holiday, you may be able to bring your case in Ireland under the Package Holidays and Travel Trade Act 1995.
Self-Organised Holiday – If you organised and booked your own holiday, you may be required to take a claim in the country in which the incident occurred. This may seem daunting; however, no matter how remote the destination, there are usually laws that allow you to claim compensation.
Types of Holiday Accidents
- Road traffic accidents involving cars, coaches, buses, taxis, vans, trucks, motorcycles, mopeds, bicycles and other modes of transport).
- Swimming pool accidents.
- Accidents while working abroad.
- Ski and snowboard accidents.
- Accidents on airplanes and cruise ships.
- Accidents involving extreme sports such as bungee jumping, horse-riding mountain biking, parascending, paragliding, parachuting, and quad biking.
- Water sport accidents.
- Food poisoning, gastric illness, and bacterial infections.
- Slips, trips and falls.
- Injuries suffered as a result of natural disasters such as earthquakes, tsunamis, tornadoes.
- Fatal accidents.
- Medical tourism/medical negligence.
Our 4-Step Guide to Holiday Accidents
We have many years of experience in holiday accident claims, and are expertly placed to provide all of the help and support you need when making a claim for compensation. However, there are a number of things you can do to make our job easier and your chances of success better:
Step 1 – Medical Attention
The first step in any holiday accident is to seek medical attention. Dial 112 to call an ambulance anywhere in the European Union (other countries may be different). Even if you feel medical attention is not immediately required at the scene, we advise that you visit a doctor as soon as possible following a holiday accident to ensure that there are no threats to your health that you may not have noticed. We also advise that you ask the medical practitioner for a copy of any medical examination results or medical reports relating to your injuries/illness and that you keep records of any hospital bills.
Step 2 – Gather Information
Where possible and if safe for you to do so, collect all the relevant information in connection with your holiday accident, such as:
a) the date and time of the holiday accident;
b) details of how the holiday accident occurred;
c) the names, phone numbers and addresses of any witnesses;
d) photographs of the scene or the object that caused the injury; and
e) details and receipts of any expenses you incur such as flights to come home.
Step 3 – Report the Incident
You should always report the incident to an official of some kind – whether it’s to the management of the hotel you are staying in, your tour operator, your travel agent, or the local police. In most cases, you will be asked to complete an incident report. Make sure you request a copy of this document.
Step 4 – Contact a Solicitor
Once you arrive back in Ireland, seeking the advice of a professional and experienced *personal injuries solicitor is in your best interests.
It is important to bear in mind that holiday accident claims should be initiated as soon as possible as there may be strict time periods for doing so. If you are taking a claim in Ireland, generally speaking, it must be made within two years from the date of the incident. If the injured person is a child, this time limit only starts running once the they turn 18.
If you are taking a case in another jurisdiction, the time limits may vary. For example, in the United Kingdom, the time limit is three years.
Get in touch
Although it’s important that you act quickly, it’s just as important for you choose a firm that has a proven track record in taking and winning holiday accident cases. We are that firm. With Crimmins Howard, you can be certain that we have the knowledge, experience, and drive to ensure that you receive the compensation you deserve.
Moreover, we understand that legal fees can be a big cause for concern, particularly if you are no longer able to work or if you are caring for a loved one. That is why we offer a free initial, no obligation consultation.