Holiday & Accident Abroad Claims
Claims for Accidents on Holiday, Travelling or Working Abroad
If you have been involved in an accident or suffered from ill health while on holiday, working or travelling abroad, our lawyers can help you claim compensation. We have a proven track record, managing claims from our London office even when the accident occurred in a different country.
“Osbornes is a well-regarded personal injury practice well equipped to advise on high-value and high-profile claims.”
“Fielding a first class, very well resourced team of litigators, the personal injury department at Osbornes is rated for its diverse workload of complex, high-value injury claims.”
What are accident abroad claims?
If you have come to harm as a result of someone else’s negligence or recklessness, then you may have the right to seek compensation.
This is the same whether your accident occurred at home or abroad.
However, the claims process for accidents that occur in a foreign country can look a little different. Each country has its own laws and regulations, and the procedure for different kinds of accidents can be different too.
Our expert international personal injury solicitors can offer specialist legal representation to those who have been injured overseas. The compensation you receive can help to cover the cost of medical treatment, lost earnings, and costs incurred due to changes to your travel plans.
What types of accidents abroad can I claim for?
Our international accidents lawyers deal with many types of accident and injury abroad claims, including:
- Road traffic accidents abroad, either if you were in a coach, taxi, driving a hire car, or as a passenger or a pedestrian.
- Cycling accidents
- Aeroplane accidents
- Cruise ship accidents
- Slips, trips and falls in the hotel, in a public places or at a tourist attraction
- Food poisoning claims on holiday
- Skiing accidents
- Extreme sports injuries abroad (e.g. rafting, skydiving, bungee jumping)
- Accidents while working abroad
This is not an exhaustive list. Please contact us to discuss your specific circumstances and find out if are eligible for a claim.
Can I make an accident abroad claim through the UK courts?
In some circumstances, you may be able to claim for an accident that occurred abroad in the English courts. You can usually claim in the UK if:
- You are claiming against a tour operator, insurer or employer that is based in the UK, or
- You were injured while on a package holiday.
For other types of accidents, you may need to claim directly in the country where the accident happened, or you may have a choice between claiming in the UK or abroad. Sometimes, making a claim in another country can work out better because the compensation amounts might be higher, such as in claims made in the United States.
Which country’s court system you can claim through is known as “jurisdiction.” We have a page on jurisdiction for international personal injury claims post Brexit, or you can contact us for advice on your situation.
Rest assured that we will help you understand where your claim should be made. We work with an international network of law firms to represent our clients when they need to claim around the world. You don’t need to worry about language barriers or being unfamiliar with local laws as we manage your claim from right here in the UK.
Does it make a difference if I was on a package holiday?
If you were on a package holiday, then you may be able to claim against the UK tour operator, in the English courts and applying English law.
The Package Travel, Package Holidays and Package Tour Regulations 1992 say that if you booked the package holiday through a UK-based tour operator, they will be responsible for any problems you suffer.
Where the Regulations apply, you do not have to involve a foreign court.
Any flight, transfer, accommodation, excursion or activity that was included in your package holiday booking is covered by the Regulations. The Regulations do not apply to activities and excursions that were not included in the package, such as jet ski rides or a road accident on a hired moped.
You may still be able to make a personal injury claim in these situations, but you will need to bring a claim against the foreign defendant in the country where the accident happened.
What if I did not book through a tour operator?
You can make a claim as an independent traveller if you organised the holiday yourself or are visiting family and friends overseas.
The way your claim will work depends on:
- The country you were visiting
- How the accident happened
- Who was responsible
- When the accident happened
If you’re not sure whether your accident qualifies for a claim, contact us for a free initial consultation. We can tell you straight away whether you can make a claim.
What if my accident happened in the air?
The Montreal Convention is a set of rules that govern international air travel. It imposes ‘strict liability’ on airlines for injuries that occur during a flight or during boarding and disembarking. Strict liability means that you do not have to show that someone was to blame for your accident. The airline is considered responsible simply due to an accident happening within the confines of their aircraft.
To make a claim, you must prove that there has been an accident. Common examples include:
- Items falling from overhead lockers
- Trips or falls whilst boarding or alighting the plane
- Burns from hot drinks spillages
- Food poisoning from meals
- The cabin crew hitting you with a food or drinks trolley
- Injuries caused by faulty equipment
Without getting bogged down in legal terminology, the definition of an accident can be complex and different to what you might expect. Generally, you must show that the accident itself was unusual and not something that ordinarily happens on a flight. Being struck by the drinks trolley is an unusual accident that you potentially could claim for. Injuries caused by difficult landings that are within the normal range are not unusual, and you would not be able to make a claim.
The injuries must result from an external accident. You cannot claim for ‘internal’ medical conditions such as deep vein thrombosis or a perforated eardrum caused by changes in air pressure.
What should I do if I get injured in an accident abroad ?
The first priority is to seek medical attention. In most countries, dialling either 112 or 911 will connect you to the emergency services. After that, you should do the following:
Step one: collect evidence
- Write a record of what happened while the incident is fresh in your memory.
- Obtain the contact details of any witnesses.
- Take photographs of the scene of the accident.
- Take photographs of your injuries.
- Record the dates of your visits to a doctor, clinic or hospital.
- Get a copy of any official written medical reports.
- Keep receipts for expenses related to your accident, such as medical bills and taxi fares to the hospital.
Step two: report the accident
- For road traffic accidents, report the incident to the local police.
- For package holiday accidents, report your incident to the holiday rep. If there is no rep, report the incident to the tour operator’s UK head office.
- For hotel injuries, report the accident to the hotel manager and take a copy of the entry in the accident book.
- Contact your travel insurance provider.
- Do not admit fault or sign anything without advice from a solicitor as this could affect your claim.
Step three: Contact Osbornes Law
Contact us as soon as possible, either from the country where the accident occurred or once you have returned to the UK. The time limit for bringing a claim may be much shorter in other countries, so it is important to act quickly to protect your rights.
What types of accident abroad injuries can I claim for?
We have helped clients claim compensation for a wide range of holiday injuries including:
- Ankle Injury Claims
- Arm Injury Claims
- Back Injury Claims
- Elbow Injury Claims
- Finger Injury Claims
- Hand Injury Claims
- Hip Injury Claims
- Knee Injury Claims
- Leg Injury Claims
- Neck Injury Claims
- Shoulder Injury Claims
- Wrist Injury Claims
How long do I have to make a claim?
If your accident abroad claim is eligible to be brought in the UK, you have up to 3 years from the date of the accident to make a claim.
The time limit for other accidents abroad depends on the laws of the country you were injured in, and may be shorter than UK law. Our experts can advise you with regards to your case. The faster you act, the greater the chances of making a successful claim.
What are my next steps?
Contact us on 020 7485 8811 for a free initial consultation on your case. We’ll tell you whether we think you can make a claim and what you need to do to get started.
Most accident abroad claims can be funded through a No Win No Fee agreement, even if we need to bring your case in another country. This means that there’s nothing to pay upfront and that you only pay legal fees if your claim is successful.
Questions about holiday accident claims
What constitutes a holiday accident claim?
An accident abroad claim can involve any injury or illness you suffer while overseas due to someone else’s negligence. This could include an injury at a hotel, a car accident on a foreign road, or an injury while participating in a tourist activity. It could also include accidents at work while abroad for business.
Can I make a claim from the UK?
Package holiday claims are governed by UK law and your claim will be issued in the English courts. Other accident abroad claims may have to be brought in the country where the accident occurred. However, we can help you with this process from right here in the UK. Our specialist legal team consists of multilingual, dual-qualified lawyers with expertise in bringing cross-border claims, and we work with the best foreign law experts across Europe, America and beyond to ensure that you have the best representation possible.
Will I have to appear in court abroad?
Even if you need to claim in another country, most claims are settled out of court without the need for a court attendance. Most hearings can be attended by your legal representative, selected from our global network of lawyers.
Do I need a UK-based solicitor?
It is not essential to use a UK-based solicitor for an accident abroad claim, as it may be necessary to use the legal system of the country where you were injured. However, working with us can make the whole process more accessible. We manage accident abroad claims from beginning to end, gathering evidence, arranging expert medical assessments, and liaising with our local legal partners to achieve the maximum compensation possible.
How much compensation can I get for a holiday accident?
The amount of compensation will vary depending on:
- The severity of your injuries
- The impact on your life
- Your financial losses and expenses, including time off work
- How compensation is calculated in the relevant jurisdiction
Compensation can be much higher in some jurisdictions than in England and Wales. For example, the US system allows for higher general damages for pain, suffering and loss of amenity. Courts can also award additional money known as punitive damages to punish the responsible party for their behavior, which is not typically available in the UK
Speak to our solicitors to get an accurate estimate based on the specific details of your claim.
What has changed for accidents in the EU post-Brexit?
Before Brexit, residents of England and Wales could, in some cases, sue foreign defendants for accidents that happened in EU countries in the English Courts. European-wide legislation gave the Claimants the right to choose the English Courts to decide such claims, and the English judgment could then be enforced automatically.
Since Brexit, that legislation no longer applies. See Brexit and Jurisdiction in accident claims.
"Osbornes always provides work of excellent quality and the advice is sound."
"The firm has the ability to handle the most sophisticated and complex matters."
"Osbornes is always client-focused and works tirelessly to obtain the best outcomes."
'The team deals with multi-million pound, often multifaceted claims, involving such factors as severe brain, psychiatric, gynaecological and spinal injury, major trauma, amputation and fatality.'
"They are a boutique firm with highly experienced partners who are well-respected in the industry."
"The team at Osbornes deals with catastrophic injury claims with the same professionalism as the largest firms, but provides a much more client-focused experience."
"A really first-rate team, well capable of dealing with the most serious and complex injuries."
"This team has carved out an exceptional reputation in catastrophic injury work."
"Osbornes has impressed me with their personal touch for clients whilst offering a first-class handling of catastrophic injury claims. The partners all have vast experience and are highly respected in their field."
"This is a really excellent personal injury team that can be regarded as one of the major players in the London claimant personal injury market."
"Osbornes have managed to recruit a team of outstanding catastrophic injury lawyers who are at the top of the game."
"They punch well above their weight. The quality of service they provide equals that of any of the larger top-name firms in this area"
Ben Posford is fiercely bright, with an unrivalled passion for his clients’ cases. His encyclopaedic knowledge of all things PI is second to none. His foresight and commercial nous have propelled Osbornes into the highest echelons of the market where they rightly belong.
The firm has an excellent and innovative line in cases involving non-English speaking claimants, managed by recruiting paralegals with multi-language skills – an impressive route for expansion of the caseload.
Great expanding team with expertise and respect in the sector. Led by a commercially savvy and business minded team.
A really excellent group of PI solicitors, notable for their individual quality.’
A niche firm that punches well above its weight in the catastrophic injury sector, borne out by the quality of work they obtain.
This combination of experience and diligence reaps massive rewards for clients, Osbornes being well known in the industry as a fantastic firm.
The Osbornes personal injury team now comprises some of the most technically adept and hard hitting lawyers in the business.
Excellent coverage of personal injury, and traumatic brain injury. There is a real specialism in claimants who do not speak English as a first language.
The group is noted for its expertise in matters relating to cycling injuries, and is the official legal partner of the London Cycling Campaign charity.
To complement its strong reputation for high-value and complex personal injury work, the firm continues to develop its 'excellent and innovative line in cases involving non-English speaking claimants'
"Osbornes comprises some of the most technically adept and hard hitting lawyers in the business"
"A small but high-powered team, dealing with cases of significant value and complexity."
"An excellent firm which achieves fantastic outcomes for clients."
"Osbornes Law have captured the magic of keeping the customer service levels of a smaller firm whilst having all the expertise and power of the biggest firms."
"A superb boutique catastrophic injury firm."
"Really good at dealing with people who have suffered a serious injury."
"Affable and charming with very good client-handling skills."
"superb firm with consummate professionals and a human touch."
Osbornes now has a team of highly experienced personal injury lawyers; particularly strong on high-value quantum cases, workplace accidents and claims involving foreign workers injured in the UK.
The team provides fantastic strength-in-depth for personal injury claims. It is also particularly well placed to service clients from Eastern Europe with specialist native language speakers. From the smallest case to a multimillion-pound spinal injury case, Osbornes has the right staff to manage every claim.
Ben Posford remains pre-eminent in his field with expert understanding of litigating cases of the upmost severity. His experience builds on Stuart Kightley’s running of the firm with recent partner additions of Rob Aylott making a fantastic addition.
A firm going from strength-to strength-which retains its client care whilst being able to offer a full personal injury service.
Beneath Ben Posford’s calm and reassuring presence, which clients love, lies a formidable tactical and legal brain. His experience tells and he gets it right at every stage of the process from arranging the best possible rehabilitation, to ensuring, so far as possible, a polite relationship with those acting for the defendant in order to ensure best and early resolution of the claim.
"Clients say he is very impressive, in terms of both his experience and his management of the personal injury team."
"They have an expanding profile in personal injury and clinical negligence and offer a superb, broad service in accidents abroad, enabled by their recruitment of bilingual legal executives who can guide non-English speakers through complex litigation."
"Solid personal injury practice well equipped to advise on high-value and high-profile claims arising from fatalities and severe head and spinal injuries."
"Offers specialist expertise in cycling-related injury claims."
"Offers specialist expertise in cauda equina syndrome cases."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Stuart Kightley is an incredibly empathetic solicitor who is very knowledgeable about traumatic brain injury."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"Osbornes often handles claims valued at over £1m, particularly relating to severe brain and spinal cord injuries and niche areas such as cauda equina syndrome and cycling accidents."
"The hard-working, thorough and committed Robert Aylott, who brings significant heavyweight personal injury experience."
"Key team members include the energetic and personable Stuart Kightley who is head of the personal injury department."
"Osbornes has a growing influence and impressive work load and is gaining a reputation for handling complex catastrophic work."
"Catastrophic injury cases head Ben Posford is an excellent practical litigator who offers exceptional service."
"Stuart is also very experienced in advising on fatal accidents and workplace accidents."
Thank you for the hard work and patience and for being so patient with my constant questions.
"I have found Osbornes to be thorough, clear and understanding from the initial call. They do exactly what they say they will and with passion! I would recommend them to anyone".
Very good efficient service. Would not hesitate to use again.
I will use Osbornes for any future needs.
I don't think I could have asked for anything more. One of the best dealings I've had with the legal profession.
Sam was excellent and very professional in dealing with our claim.
Head of the personal injury department, Stuart Kightley is a first-rate practitioner, wholly focused on getting his client the best outcome in a pragmatic, sensible and consensual manner.
As a real specialist in spinal cord injuries, Ben Posford is always looking at new angles on how to maximise his cases.
Ben Posford is one of the best catastrophic injury lawyers around.
They provide exceptional service, great knowledge and understanding of the law, excellent client care and tactical nous
Stuart Kightley is praised for his expertise in catastrophic and fatal claims. Clients say he is very impressive, in terms of both his experience and his management of the personal injury team.
My claim was dealt with efficiently and professionally. Communication was excellent, and timely. Shrewd and sound advice was provided at every stage of the claim from beginning through to completion. On the basis of my personal experience I would strongly recommend Osbornes.
I just wish to thank you for your hard work and successful outcome. I am pleased with the result and would recommend you and your firm to anyone in the future.
Ben Posford … is ‘tactically astute’ and ‘one of the best personal injury solicitors around’.
Ben Posford ‘knows how to maximise the value of the claim for his clients’.
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Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
Partner
Personal Injury SolicitorsLaura Swaine
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Personal Injury SolicitorsNicola Hall
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