Legal Services

Legal Services - Accident and Illness Abroad

Every year throws up cases where travellers are involved in accidents or suffer illness whilst travelling abroad. Travel carries the same risks as any other activity and it is incumbent upon the traveller to take reasonable care. One would expect no less. However, there are inevitably incidents where the traveller has taken due care, but has suffered accident or illness due to the negligence of others.

During the past year we have had reports of a very young child suffering severe electric shock due to an unprotected low level electric socket at a Disney Hotel in Paris and visitors to locations as far apart as Mombassa and Marbella have fallen ill because of provably poor hygiene in food preparation areas in their hotels. Without exception, even when faced with public health reports damning the conditions, the holiday companies find it easy to deny all responsibility. Such negligence by these companies is actionable at law, but action is often not pursued due to perceived difficulties in instituting proceedings, reluctance of local solicitors to face up to the challenges in pursuing such actions, or apprehension of the complainant over the possible cost. We have long abhorred the fact that these companies get away with serious negligence by default. Now we have discovered that there is a law firm that may be able to help.

With offices in Birmingham, Leeds, London, Manchester, Newcastle and Sheffield, Irwin Mitchell is one of Britain's largest law firms. Established in 1912, it employs more than 1800 people and, of particular importance to Travewatchdog readers, has a department that specialises in Accidents and Illness suffered by travellers whilst abroad. If you have suffered an accident that was not your fault, or believe that you suffered illness due to the fault of your hotel, travel agent or tour operator, complete the enquiry form below and consult someone who cares.

Irwin Mitchell Solicitors' (IM) award-winning International Travel Litigation Group (ITLG) has successfully recovered compensation for thousands of British holidaymakers injured in countries across Europe, the USA, Canada, the Caribbean, Africa, Asia, Australasia and elsewhere in the world.

With a team of over 40 English and foreign lawyers specialising in personal injury claims overseas, the ITLG is recognised as the "heavyweight champion" of overseas claims and has won record awards of compensation for many of our clients. Last year alone they won over £15,000,000 for clients who were ill or injured abroad.

Servicing clients needs from their offices around the country, the ITLG has unrivalled expertise in dealing with claims ranging from illnesses (including Salmonella, Campylobacter and Legionnaires disease) through to severe brain or spinal injuries.

The team have many years of experience in handling complex overseas legal claims and many of the team are either qualified foreign lawyers or are fluent in a number of foreign languages.

For free initial advice please call IM‚s ITLG on 0870 1500 100 or for further information about our services, including case studies of some actual ITLG clients visit travelwatchdog@irwinmitchell.com

Have you ever suffered and accident or illness whilst on holiday that was not your fault?

Have you or a member of your family ever:

Become ill due to the poor quality of the food or unhygienic conditions in your Hotel or Cruise Ship?
Been involved in a accident that wasn‚t your fault that you sustained at your hotel accommodation / hotel complex or cruise ship?
Been injured at your hotel or in a road traffic accident, coach crash, boating or other accident abroad?

If the answer is Yes‚ to any of the above, you may be entitled to claim compensation from your holiday company or tour operator.

If you booked a package holiday then the tour operator has legal duties relating to all of the services that you booked as part of your holiday including:

Aspects of the hotel accommodation, such as food and hotel facilities
Air travel
Cruises
Coach or car transfers
Excursions that were booked as part of the travel package

What actions can you take to help assist with your claim?

Firstly, if you have suffered illness, seek appropriate medical attention both abroad and upon your return. If you have suffered illness, make sure you are tested for the presence of infection.
If your complaint arises from your stay at a hotel or from other services which are part of a package holiday, make your holiday rep aware of any complaint immediately. Record all aspects of your complaints on a written customer complaint form and keep a copy.
If relevant, speak to other unhappy holidaymakers and exchange information and contact details. Take photographic and video evidence of the matters you are complaining about.
Do not accept compensation payments on the spot and without the benefit of legal advice. Do not sign any document, which waives your right to pursue the complaint further.
On return home, if your claim arises from a package holiday make a written complaint to the tour operator within 28 days.
If you have been involved in a road traffic accident, report the accident to the local police
Consult a Solicitor specialising in personal injury claims arising abroad. Travelwatchdog recommends contacting IrwinMitchell.com

Even if you have not followed the above advice, it may still be possible to successfully pursue a claim for compensation.

There are a variety of claims for compensation which you may be entitled to. These include:

The loss of enjoyment of your holiday
Reasonable expenses not recoverable from your travel insurers.
If you were injured or ill you can also claim compensation for any pain, suffering and loss of amenity and associated losses such as past and future loss of earnings, the cost of care and assistance, medical expenses etc.

How Irwin Mitchell Can Help

More than anything else, Irwin Mitchell aim to keep things clear, simple and as straightforward for clients as possible. You need not worry at any point about the technicalities or legal complexities of your case. You will be kept fully informed throughout the claims process which, put simply, looks like this:

Your free initial consultation gives Irwin Mitchell a clear understanding of your claim for any holiday illness or accident you may have suffered whilst abroad.
If you have a case, Irwin Mitchell will assign their best legal team within the field of expertise required; they will handle your claim.
The legal team will investigate and build evidence to back up your case.
Irwin Mitchell will keep you fully informed throughout.
Finally, with your approval, Irwin Mitchell will arrive at the best compensation settlement that can be achieved.

What will this cost?

Legal fees are much less of a concern than once was the case. To see more on the way claims are funded, please follow this link

We comply with the Solicitors' Code of Conduct 2007. Any Solicitor (or registered European lawyer) we refer you to is independent from us and will give you impartial and confidential advice. You are free to chose another solicitor (or registered European lawyer).

We have an agreement with Irwin Mitchell Solicitors (IM) where we will introduce clients to them, and they pay us an annual fee. IM will provide legal services to you, subject to a merits assessment of your case. Under no circumstances will you be asked to reimburse IM for any of their payments to us.

IM is completely independent of travelwatchdog.com and will always act in your best interests. Our agreement with IM does not affect the advice they give you, which will always be impartial and confidential.

Contact irwinmitchell to make an enquiry about your problem by completing the form at this link (click on 'drop us a line')

Irwin Mitchell is pleased to support the aims and objectives of TravelWatchdog.com and make payment in support of the organisation and publicity that it receives