Holiday Claims
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Holiday Claims

Need Help with a Holiday Illness Claim?

If you have been in a position where you have experienced a holiday illness and you are considering making a compensation claim, it is advisable to choose a law firm with specific travel industry experience to ensure you get the best financial result.

If you have been in a position where you have experienced a holiday illness and you are considering making a compensation claim, it is advisable to choose a law firm with specific travel industry experience to ensure you get the best financial result.

Have you got a valid Holiday Illness Claim?

Many people aren't sure if they're eligible for compensation after an illness while away on a break, but it's surprising how many are who miss out on making a claim. If you're uncertain whether you can make a claim, then just ask yourself these 3 simple questions:

Yes No
Q: Were you ill before you went on holiday? icon icon
Q: Did you mainly eat the food at your hotel or swim in their pool? icon icon
Q: Did you start to feel ill whilst on holiday or shortly after coming home? icon icon

Result = Potential claim for compensation

If your answers look like the table above you already have a very strong case and we highly recommend getting in touch with us to discuss your claim as you may be entitled to compensation.

Who is Responsible for your Illness?

The person who is responsible for your illness depends on a number of factors, including who your contract was with as this determines who is responsible and whom you will make a claim against. Providing that you were sold a package holiday then your UK tour operator or provider will be the one who is responsible for your illness and the standard of care that you may or may not have received.

Sick holiday

Do I have the right to make a claim?

The Package Travel, Package Holidays and Package Tours Regulations 1992 provide consumers like you with legal protection that includes making your tour operator or supplier of your holiday responsible for almost every aspect of your time abroad. This includes the services provided by its suppliers such as hotels, airlines, airport transfer companies and more, so basically if a service was included as part of the contract that you signed as part of your package holiday, then it will be covered. While it will initially make sense that your hotel would be the one to blame if you suffered from food poisoning abroad or sickness caused by a dirty swimming pool, in reality it is potentially your holiday company that is to blame.

How much compensation are holiday illness claims worth?

There are number of factors influence whether or not you are eligible to claim, and equally there are certain factors to consider that will influence the amount of compensation that you are entitled to, including the severity and duration of your illness, how much of your holiday was missed as a result of your illness and whether or not you were able to go straight back to work upon your return to the UK.

Below we've listed some articles that show the amounts of compensation that previous holiday makers have claimed following an illness abroad:

Recovering your Financial Losses after a Holiday Illness

In certain circumstances an illness might not just mean a ruined holiday but more long term implications that could impact your financial stability. There may have also been additional costs that you incurred because of your illness. If you have suffered financially because of your illness then you can add these losses to your claim, including the following:

Types of Illnesses Suffered on Holiday

There are many different ways that holidaymakers can catch infections whilst abroad and whilst the chance of catching one of these bugs is avoidable if good hygiene is practiced, some are unavoidable. Some of the more common causes of illness that our solicitors find our clients who make a claim for compensation experience include the following causes:

Food poisoning including the following bacterial bugs:

Food poisoning abroad complaints

Dirty and contaminated swimming pools or drinking water leading to the spread of the following parasitic bugs:

Environmental cleanliness issues that cause the transmission of the following infections by touching infected objects or surfaces:

Poor Hygiene Practices in Hotels Abroad

There are a number of poor hygiene practices that can take place in any package holiday hotel or resort that may lead to the spread of some of these infections, so if you have become ill as a result of the following causes of food poisoning and other infections, you may be entitled to make a claim for compensation:

How Much Does it Cost to Make a Holiday Illness Claim?

You might be concerned that you won't be able to afford to pay for a solicitor to process your claim, but at Simpson Millar we want to make sure that all of our clients have absolute confidence in the work that we do. Because of this we handle all of our holiday claims on no win no fee' terms, which means that if you choose us to pursue your claim then you only pay us if your claim is successful and only once you have got your compensation.

This means that if your claim is not successful then we do not get paid, so it is in our best interests to make sure that you win the compensation that you are entitled to.

If your claim is successful then, unlike other law firms, we will not take anything from the first £1,000 you win and, most importantly, we will never ask you to pay any shortfall in the costs we recover from the other side.

What Happens When I Make a Holiday Illness Claim?

After we have completed a consultation with you to assess your claim and you have instructed us to pursue it on your behalf, we will write to the other side and put forward your claim.

As part of this process we will gather all the evidence necessary (this includes medical evidence) to make sure that your case is as strong as it can possibly be. Once we have completed this process we will provide you with a valuation of your claim and ask you to confirm that you are happy with the value that we have placed on it before we proceed. Please note that in instances where we handle claims that carry a higher value we will instruct a barrister to value the claim before informing you.

Travel information for holidaymakers

After you have confirmed that you are content with the value of your claim the next step is to put forward a proposal to the other side, including the amount that you are claiming for. In most cases the claim will then be settled with an agreed amount of compensation, and for most claims this is where the process ends.

However in some instances where we are unable to settle a claim, then we would discuss with you bringing court proceedings on your behalf, but this is usually is a last resort. During all of this time you just leave us to do all the work whilst you get on with your life.

How to Find Out about Making a Holiday Illness Claim

If you want to find out more about the process of making a claim for holiday illness, then just send us an email or call and speak directly with a friendly member of the team who will provide you with free, no obligation advice on proceeding with your claim. We will be able to tell you whether you have a good case and what your options are and we're happy to answer most questions.

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Contact us for free, no obligation holiday complaint advice

Our team of legal specialists are ready to speak to you about your holiday complaint. Call us free on 0808 145 1353 or complete our quick enquiry form now.