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If you or a member of your family is suffering from a personal injury caused by an accident abroad, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Who Can Make a Claim for an Accident Abroad?
Making a Personal Injury Claim
Overseas Accident Compensation
Our Personal Injury Lawyers
Unfortunately accidents can happen abroad, either whilst on holiday or when working away, just as they can at home. If the accident is in some way caused by a UK company, such as a tour operator (if you had an accident on holiday) or employer (if you had an accident at work), you may be entitled to claim damages through the UK courts.
For example if your accident occurred as a result of dangerous or defective facilities in your hotel on a package holiday, your tour operator could be held responsible under the Package Travel, Package Holidays and Package Tour Regulations 1992. If your accident was the fault of your UK employer whilst you were working for them in another country, your claim could be made in the UK, in the same way as any employers’ liability claim.
If however you were injured in say, a road accident or a trip/fall on the public highway in another country, it is unlikely that this could be pursued through the UK courts. This is because each country has its own laws, regulations and courts. You would therefore need to appoint a solicitor who operates in the relevant country.
It is important to seek prompt, specialist legal advice if you believe that you may be entitled to claim compensation. Your solicitor will be able to collate all of the information and evidence and advise you on the best way to move forward.
If you are involved in an accident, you should try to record and collect as much information and evidence as possible. This could include photographs, details of witnesses, information about any medical treatment and receipts for any injury related expenses.
In every case, medical evidence will be required, and it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
There are two elements to a compensation award.
The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to wash your car, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment and transport can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of accidents abroad. They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.