How can I find out if I’m entitled to holiday accident compensation?

admin2 January 19, 2016 0
How can I find out if I’m entitled to holiday accident compensation?

At Accident Advice Helpline we receive many queries about the likelihood of success in a huge range of potential injury claims – from the most simple to the highly complex. Here’s an email that we recently received from James in Nantwich about an accident in Ibiza.
James’ email: holiday accident compensation Ibiza
Dear AAH,
I recently spent two weeks on a ‘lad’s holiday’ at a managed holiday resort in Ibiza. Because there were so many of us going we decided to book a package holiday deal with a well-known High Street travel agent.
We pre-paid in the UK for a wide range of extras, including some organised nights out and a range of other excursions, one of which was a ‘booze cruise’ off the coast with all drinks and onboard entertainment included in the price.
The cruise included water-skiing, which I was told was safe even without previous experience. I wasn’t really sure I wanted to do it but the reps on the boat were staff of the company and were really pushy and boisterous, so I felt pressured to have a go.
I wish I hadn’t bothered. The guy piloting the boat did some ridiculous turn about 30 seconds in and I fell and badly hurt my knee. The staff was totally unhelpful when I was in pain and I had to take myself to the local medical clinic that night. It was a disaster. I’ve been receiving physiotherapy back in the UK, but the injury flares up when I try and run or exercise, and it’s really starting to affect my quality of life.
How can I find out if I’m entitled to holiday accident compensation? Can Accident Advice Helpline assist?
The situation with holiday accident compensation
This query is very typical of the type of concern raised by many Accident Advice helpline clients, but fortunately there are possibilities to recover which many people do not expect. Indeed, one of the biggest problems encountered when seeking holiday accident compensation is that people tend to leave their claim for a long time before seeking help, often making recovery impossible because of lost evidence and limitation periods.
In fact, when an accident happens as a result of a service or product purchased in the UK, it is very often possible to bring a claim through the English courts. This is because the contract for the product was formed in the UK, and so is actionable in this jurisdiction. Generally speaking, contracts formed in other countries will only be actionable in that jurisdiction and are invalid in the United Kingdom.
James did the right thing to contact us early
James did the correct thing by contacting Accident Advice Helpline very early on, and we are confident that a claim for damages for ruined holiday accident compensation can succeed in this case. The claim is eligible to go through English courts because this is where the contract is formed, and it will be framed to show that the company sold a service in the UK which they then failed to safely deliver.

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