If you have suffered an injury whilst on holiday outside the UK or even whilst working outside the UK and you think this was the fault of someone else then you should only seek the opinion of a specialist solicitor who deals with accidents that occur overseas.
The law governing whether and if so how and where a claim can be brought is complex. Often there will be competing jurisdictions i.e. you might have to bring your claim in a particular country. Regardless of the country in which you bring the claim, it may be governed at least in part by the law of a different country. These are questions you need to have answered right at the outset and only a specialist solicitor and firm can do this.
An accident abroad can happen in exactly the same way as in this country but there are some common claims which we often see and deal with including:
After you have sought treatment for your injuries you should think about getting together as much evidence as you can. Once you return home it will be much more difficult to gather such evidence.
If appropriate you should report the accident to the Police or to your tour operator's local representative and/or to the manager of the hotel where you are staying, preferably in writing.
If you can take names addresses and contact telephone numbers and emails of witnesses especially if they are not from this country and need to be contacted in another country after you have returned home.
You should take photographs of the area where your accident happened and the cause of it, for example defective tiles.
Make sure you keep all documentation relating to your treatment such as medical records, receipts for any payments you make for medical treatment or other expenses.
Once you return home gather together all of the documentation you can find relating to the booking of your holiday. This can be absolutely vital because depending upon the type of holiday you have been on and how it was booked will help decide whether you can bring a claim in the Courts of this country even if your accident happened abroad.
There are different time limits for claims depending upon how and where they arise. This is why you need a specialist firm of solicitors, like Bray & Bray, to ensure you are not too late to bring a claim.
Depending on many different laws and Conventions the time limit could be 3, 2 or even 1 year and it may start on the day of the accident but possibly some other date such as disembarking a cruise.
If your injury occurs on a flight, then how long you have to claim depends on whether it was a domestic flight in the UK or an international flight. The Montreal or Warsaw Conventions might apply, in which case you only have 2 years to bring a claim.
If your accident happened when you were on board a ship, then under the Athens Convention you only have 2 years to start a claim.
Generally speaking it is UK law that the time limits which are given in the law of the country where the accident happened will be applied even though the claim is brought in this country. If your solicitor does not know this and know what the time limits are in different countries then you might find your claim fails before it even begins if it is brought too late. At Bray & Bray we will ensure this does not happen.
If you, or a member of your family, have been injured following an accident abroad either when working abroad or on holiday, we can help you make a claim – call us now on 0800 6341 777 to discuss your case.
For a discussion about your situation contact our team of experts today, or visit one of Bray & Bray’s three offices local offices in Market Harborough, Hinckley or Leicester.
Leicester call us on 0116 254 8871.
Hinckley call us on 01455 639 900.
Market Harborough call us on 01858 467 181.
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We're based in Leicester and the county but we serve clients nationwide, so don't hesitate to get in touch if you're based some distance away. We do everything we can to make things simple for clients based elsewhere – we'll keep in touch via phone and email, and we'll come and visit you should we need to.