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  • Holiday Sickness Claims & Illness Compensation

Holiday Sickness Claims & Illness Compensation

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Services in: Holiday Sickness Claims & Illness Compensation

    • Cruise Illness Claims
    • Legionnaires' Disease Claims
    • Holiday Food Poisoning Claims

An illness abroad can cause serious health problems, as well as ruin a holiday. Many of the most common holiday illnesses are entirely avoidable if health and safety rules are followed. So, if you've become sick on holiday, our solicitors may be able to help you claim compensation.

Tour operators, hotels, restaurants, and other service providers have a duty of care to you as a customer. Holiday sickness claims can be made for various conditions caused by a failure by these parties to take the necessary steps required to ensure your health and safety. Our lawyers have helped thousands of people claim holiday illness compensation for conditions such as:

  • Food poisoning, including gastroenteritis, e-coli and salmonella
  • Norovirus
  • Legionnaires' disease
  • Bacterial infections
  • Typhoid.

If you've become ill with any other condition through the negligence of another party while abroad, you may be able to claim holiday sickness compensation. It's always best to seek legal advice.

Most of the international personal injury claims we handle are made in England and Wales. But in some cases, it may be beneficial to make your claim abroad. We can advise you on this in a free initial consultation about making a claim. We may advise you it's in your best interest to make your claim in Scotland as the laws there differ slightly.

Claiming compensation for something that happened overseas can seem daunting. But with experts on your side, it’s nothing to worry about. Our solicitors’ aim is to make the whole process as straightforward as possible for you, with plain English advice free of legal jargon.

Contact us today to discuss your claim in a free initial consultation.

Why choose Irwin Mitchell to handle your holiday sickness claim?

We have a proven track record in holiday illness claims, including high-profile cruise illness cases.

We’ve excellent relationships with international legal partners and firms. This means wherever you became sick on holiday, you can be represented in that country by a legal expert. This is invaluable as legislation and time limits can vary in different jurisdictions. Having a legal expert in that country gives your claim the best chance of succeeding.

Various funding options are available to you, but we can handle most claims on a no win no fee basis. This means there’s no financial risk to you if your claim is unsuccessful. If your claim is successful, your opponent will pay most of our fees.

However, you’ll need a suitable insurance policy if you wish to make a no win no fee claim. We can take out After The Event (ATE) insurance if you don’t already have an appropriate policy. This will protect you from incurring any costs.

We also appreciate the impact that getting the right support can have on you and your loved ones. We’ll put you in contact with our Support and Rehabilitation team of clinical specialists, who’ll be able to help you access the right help you need. This could be medical, financial, or emotional support.

Our strong connections with charities and support groups across the UK means we can get you help that’s local to you.

We also have an in-house Welfare Benefits team of expert advisors. They’ll make sure you’re fully aware of all the benefits you’re entitled to claim because of your illness and help you to secure them. Our Court of Protection team can set up a personal injury trust, which makes sure your compensation isn’t factored into your benefit entitlement.

If you’re back in the UK, we can arrange to visit you at your home or in hospital. Alternatively, we can arrange phone or video calls – whatever is best for you. If you’d rather visit us in a confidential space to discuss your claim with your solicitor, we have offices located across the UK.

When your claim is settled, our Asset Management team will be there for you. This team of financial experts can help you to make sure your compensation is there when you need it and pays for all your needs. They can also give you advice on investing your compensation, to make it last as long as possible.

No Win No Fee
Over £100 million claimed for overseas accidents and illnesses
Longstanding links with foreign law experts
Offices across the UK

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More information on holiday sickness claims

If you became sick through no fault of your own while on holiday, you could be entitled to make a compensation claim.

Our expert solicitors can help you to make a holiday sickness claim against the hotel, tour operator, restaurant, or other venue that caused you to fall ill. Whatever illness you developed, get in touch with us to talk about what happened to you and the possibility of making a claim.

To start a holiday illness compensation claim, get in touch with us. We’ll set up a free initial consultation with one of our expert lawyers, where you can discuss what happened to you. We’ll advise you on if you can make a claim and the funding options available to you.

There’s no obligation to go any further than this free consultation. But if you decide to pursue your claim with us, we’ll start by collecting all available evidence that can support your claim. Evidence we can use may include:

  • Receipts
  • Medical records
  • Witness statements
  • CCTV and/or photographs
  • Complaint forms.

We’ll then approach the person or company responsible for your illness and tell them we intend to make a claim for compensation. If they accept that they caused you to become sick on holiday, and agree with the amount we’re claiming for, your claim will be settled, and you’ll be awarded compensation.

However, if they dispute responsibility or how much compensation we’re claiming for, we may need to begin court proceedings.

We always try to keep your claim from going to court, but if we need to start this process, we’ll make sure you’re as comfortable and prepared as possible. Even if trial dates have been set, we might still be able to settle your claim before it gets to court.

We’ll need to know more about how you became ill before we can advise you on how much compensation your claim could be worth.

Speak to us in an initial consultation to get an idea of how much you could be entitled to claim.

Compensation amounts are unique to every claim and are based on various factors, including the illness you developed, expenses you’ve incurred, and your long-term health needs.

Holiday sickness claims can factor in many different things, including:

  • The price of your holiday
  • Medical treatment you need now and, in the future
  • Loss of earnings if you’ve been unable to work due to your illness
  • Expenses, such as travel expenses to hospital
  • Specialist equipment you may need
  • Your pain and suffering.

We’ll make sure your compensation amount is a full reflection of your financial needs, both right now and in the future.

It’s impossible to say exactly how long any claim will take to settle, as each claim is unique.

The time it will take to conclude your claim is dictated by whether your opponent accepts responsibility for your illness. If they accept that they caused you to become ill and accept how much compensation we feel you need, we’ll be able to settle your claim sooner.

However, we may need to go to court if they dispute blame or the amount of compensation we intend to claim for. In this instance, we’ll need to prove that your illness was caused by your opponent, which will take longer than if they accept fault straight away.

No matter how long your claim takes, we’ll be with you every step of the way. We’ll act on your instructions and give you tailored advice to give your holiday sickness claim the best chance of succeeding.

Frequently Asked Questions

Can you claim for loss of enjoyment of a holiday?

As well as compensation for becoming ill, if your illness caused you to be unable to enjoy your holiday, you may be able to claim for loss of enjoyment on holiday.

For instance, if you were unable to attend pre-booked excursions or had to cut your holiday short due to illness, we can factor these expenses into your compensation amount.

What are the common causes of illness on holiday?

Sickness on holiday can be caused by a wide range of issues, some of which can be very specific to certain countries or regions.

Some of the most common causes of getting sick abroad include:

  • Receiving poor medical treatment abroad
  • Ice that hasn’t been made with filtered water
  • Insects or birds contaminating food and food preparation areas
  • Reheated or poorly stored food
  • Food that hasn’t been cooked properly, particularly meat or poultry products
  • Cross contamination of raw and cooked foods
  • Fruit and vegetables washed with tap water
  • Swimming pools not being maintained, or swimming pool water not being treated adequately
  • Public toilets or accommodation that are in unsanitary conditions.

This list isn’t exhaustive. If you’ve become ill on holiday because of a cause not listed above, get in touch with us to discuss what happened to you. We’ll be able to tell you if you could make a claim.

What should you do if you get sick on holiday?

There are certain steps you should take if you get sick while you’re on holiday abroad.

1. Seek medical attention

If you feel unwell or experience a sudden illness on holiday, try to get a diagnosis as soon as possible. You’re more likely to make a full recovery if you get treatment quickly. If possible, get a copy of the medical report/ medical records as this can be a valuable piece of evidence if you choose to make a claim for compensation. Remember to check your travel insurance policy before you pay for any medical fees as some policies cover medical costs for treatment received abroad.

2. Take photographs and videos

If you notice anything that may have been the cause of your illness, such as unsanitary food serving conditions or insects in your food, take photographs or videos. These can also be valuable pieces of evidence.

3. Keep records

Keep a diary of your symptoms, when you became sick, what you ate and drank at the time, and the name and address of the venue you were in.

4. Speak to the manager

Speak to the manager or staff member of where you’re staying or the tour representative. Make sure they’re aware of the symptoms you’re experiencing and what you think caused it. If your holiday was booked through a travel agent, it’s also a good idea to speak to them.

5. Contact us

We’ll arrange a free initial consultation with an expert solicitor where you can find out more about making a holiday sickness claim. If you decide to go forward with your compensation claim, we’ll begin gathering evidence and present this to the person or business responsible.

Read More FAQs

Related Information - Holiday Sickness Claims

Accident & Illness Abroad Claims Guide - Answers to some of the most frequently asked questions about making a claim
Package Holiday Claims Guide - If you've suffered on a package holiday, you could claim compensation. Find out more.
Food Poisoning Abroad Claims - Find out more about making a food poisoning claim abroad
Group Claims - If more than one person has been affected, we may be able to help you bring a group claim

* To make a No Win No Fee claim, you need to enter a No Win No Fee agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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