Many of us look forward to taking time off and holidaying abroad, swapping the mundane life of day-to-day activities for something more exciting, a trip away. However, in the event the worst happens, it’s important to be aware of your legal rights.

Injury abroad claims

What is the process of a travel claim?

Our experts give a breakdown of how a travel injury claim works.


26 August 2024

Get in touch

Take the first step by contacting us today to let us know about your accident. Our dedicated enquiries team will take the initial details and pass it to one of our specialist travel lawyers to review.

Legal Assessment

Our specialist travel lawyers will review your enquiry and may reach out to you for further information or evidence. They will then provide you with the appropriate advice in respect of your claim, talk you through the process and answer any questions you may have. They will discuss the various funding options for your claim to find the best one that suits you and will then provide you with a welcome pack which contains documents for you to sign, so we’re able to start your claim.

Liability

We will investigate liability and the identity of the party responsible. We will send a letter of claim which starts the formal claims process. This provides details of your accident and confirms you are seeking a legal claim against them. The Defendant will then have 42 days to acknowledge the claim and 6 months to respond and comment on liability. Our lawyers will update you on the outcome of this and discuss with you any further necessary steps.

Gathering Evidence

To support your claim, we’ll gather as much evidence as possible. This will include obtaining your medical records, sending you for medical examination(s) and collating details and evidence of your other, out of pocket, expenses. This may also include obtaining foreign expert evidence to support your claim.

Court Proceedings

In some cases, it will be necessary to start court proceedings, particularly if the Defendant does not accept liability for your claim. Our travel litigation experts will be able to guide you through this process, supporting you every step of the way.

Negotiations

When your expert evidence and other losses are finalised, we will be able to advise you on the value of your claim and seek your authority to make an offer of settlement for your claim. We will negotiate with the representatives of the Defendant to try and achieve the best possible outcome for you.

Settlement / End of the Case

Your claim will end either by an offer being accepted for a specified sum of money, or by a Judge making a final determination at a trial. Once your claim is concluded, you cannot re-open it as a settlement, or the award will be on a full and final basis. Given we are dealing with Defendant’s in foreign jurisdictions, there can sometimes be issues in receiving the compensation from the Defendant. However, our expert lawyers know exactly how to handle these rare situations and will guide you through this process.

We are here to help

If you or a loved one is injured abroad or while travelling, we may be able to help. The knowledge our team of lawyers has with accident abroad claims is unsurpassed with many of the team having worked in the legal teams of tour operators and package holiday providers, giving them a keen insight into the world of travel.

Contact us online here.

*The above sets out a basic overview of the claims process. There are many variables that can affect the progression of a claim, but our dedicated experts will be on hand to guide and support you during your legal journey.

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