Accidents and illness can happen at anytime but when they happen while you’re abroad, they can prove to be a nightmare.
Instead of relaxing on your holidays, misfortune could see you facing mounting medical bills and a myriad of other complications.
At Browell Smith & Co, you can be rest assured you are in safe hands. Our legal team has over 20 years of experience in handling claims like this on behalf of our clients.
If something does go wrong on holiday, you may be entitled to make a claim for compensation against your holiday company or tour operator. In such cases, the claim can usually be dealt with on your behalf right here in the UK courts.
We have dealt with overseas legal cases of every sort, from trips and falls to sporting accidents and air, road and sea accidents.
In these situations, full details of your accident or illness will be taken by our dedicated team and we will also explain your options in relation to how to fund your claim. If you choose to go ahead, we will likely request copies of your holiday booking documents to assess whether your holiday was a ‘package holiday’ or not.
Much will depend upon whether your holiday is deemed to be a ‘package holiday,’ or an ‘independent booking.’ If your holiday was a package holiday, then you will be protected by special package travel regulations. The legal definition of ‘package holiday’ is very technical and not as straightforward as you might expect it to be. Browell Smith & Co will take all necessary details and documentation from you so that we can assess this on your behalf.
In holiday accident/illness claims, it is important that you seek legal advice quickly. Strict time limits apply to these claims, so you should legal advice as soon as possible.
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As with all claims for personal injury compensation there are time limits within which a claim must be lodged with the Court.
For accident claims, court proceedings must be started within three years from the date of your accident.
For occupational disease cases Court proceedings must be started within three years from the date when you first had reasonable grounds to believe that you may be suffering from a condition which has been caused by a third party. This may be your employer or it could be another organisation with whom you worked or who operated a premises close by.
In the event that court proceedings are not started within three years from the relevant date, the negligent party may be able to escape paying compensation on the basis that your claim is out of time.
The law surrounding the time limits for industrial disease compensation is extremely complex and issues will differ from case to case, particularly when seeking compensation on behalf of a former family member. It is not always necessary to have a firm diagnosis from a medical practitioner for the time limit to commence. In these circumstances you seek legal advice from a specialist as soon as you experience symptoms which you believe may have been caused by a third party.
The Browell Smith & Co app is the perfect app to have on your phone in case you have been the victim of a personal injury.