Package Holiday Accident Claims *

A holiday should be a time when you can relax and simply get away from your day to day routine. It is no secret that a holiday can be expensive to execute. However, it can become even more expensive for you if you happen to suffer a personal injury * while on holidays abroad.

Unfortunately, this is an all too common occurrence. If you have been involved in an accident on holiday or are injured abroad * you may be entitled to pursue legal action. This is provided that the accident was as a result of somebody else’s negligence. Below is our guide to what to do when you have been injured on holidays and are pursuing an international personal injury claim *.

Common Types Holiday Injury Claims *

While on holiday, a person will partake in activities that they would normally not partake in, in their everyday lives. Some of these activities can potentially lead to accidents if one is not careful. Is simply being careful enough to avoid an accident on holiday *? The simple answer is no, because like in many scenarios, it is almost impossible for a person to gauge whether a service provider, activities organiser, or the likes, has exercised extreme caution and care in the provision and delivery of their services. Sometimes it is the absence of care from a service provider (negligence) that leads to an accident on holiday.

Some common examples of a holiday accident/illness claim * are:

Food poisoning on holiday as a result of restaurant poor hygiene

Illness as a result of contaminated water

Injuries suffered as a result of unsafe equipment *

Slip or fall in areas such as a swimming pool or sauna *

Unsafe / hazardous / dangerous accommodation (holiday apartment complex / resort / hotels)

Road traffic accidents or car accident abroad *

Skiing / Snowboarding accidents *

What to do when injured abroad

  1. Document The Accident

Where possible, get details of any witnesses to the accident. These details should include names, phone numbers, addresses and email addresses. In cases where an accident occurred because of faults or defects in equipment or buildings ensure that you take plenty of clear photographs of the defects. This is you will prove how the accident occurred. Make a note of the time of the incident and your account of how this incident occurred.

  1. Report The Accident

Depending on how serious your holiday accident claim * is, you should inform the accommodation you are staying in. If you are on a package holiday organised by a travel agent report the accident to them also. They may have an accident report form that you will need to complete to formally report the accident.

Ensure that you request copies of any incident reports you complete and sign as proof that you reported the accident. This is important for when you make your claim *.

  1. Medical Records

Ensure that you keep records of any hospital bills or any other medical receipts. It is also important that you ask the medical practitioner for a copy of any medical examination results or medical reports relating to your injuries/illness.

Package Holidays

For those who have been injured * while on a package holiday, the thought of returning to the destination where they were injured to deal with a holiday accident claim * is daunting and confusing. Luckily, The Package Holidays and Travel Act 1995 comes into play and provides an avenue whereby a person who was injured on a package holiday in a foreign country can make a holiday accident claim * in Ireland, provided that the holiday was organised by an Irish package holiday provider.

Statute of Limitations – Legal Time Frames

After suffering an accident on holiday, there is a specific timeframe in which you can make a claim *. The timeframe you have in which to claim may depend on the country where the accident occurred. It is for this reason that it is important to speak with solicitors. They can help you in understanding what you need to do and when and determining the accident abroad jurisdiction.

In Ireland, the statute of limitations is two years minus one day. For example, a road traffic accident happened on the 8th August 2016, proceedings would have to be issued by the 7th August 2018.

One exception to this is if you have been injured on a package holiday provided to you by an Irish package holiday provider, in this case, you would be bound by the Irish statute of limitations.  Read more about legal time limits and your Irish personal injury claim here

The Injuries Board

Accident on holiday claims * when on a package holiday provided by an Irish travel agency must be passed through the Injuries Board for assessment before proceeding to settlement or to court.

Other accidents that did not happen on a package holiday differ. As the Injuries Board generally do not assess these types of cases. Instead, they issue Authorisations as they do not have the power to stop the statute outside of Ireland.  For this reason, you should ensure that you instruct a solicitor in Ireland as soon as possible after the accident.

Personal injury claims * for non-nationals who are injured while in Ireland

Whether you are here on holidays, visiting family or friends or just passing through, having an accident and sustaining an injury for any non-national while in Ireland, is a total inconvenience. It is most definitely not part of your travel plans! In many cases, the injured person will not be in Ireland long enough to pursue a personal injury claim * while they are here. Speak with a personal injury solicitor about what to do if you are injured while in Ireland.

Planning ahead…

If you are planning to travel to another country for medical care, see a travel medicine practitioner at least 4–6 weeks before the trip. Discuss general information for healthy travel and specific risks related to the procedure and travel before and after the procedure.

Check for the qualifications of the healthcare providers who will be doing the procedure and the credentials of the facility where the procedure will be done.

Make sure that you have a written agreement with the health care facility or the group arranging the trip, defining what treatments, supplies, and care are covered by the costs of the trip.

Determine what legal actions you can take if anything goes wrong with the procedure. In particular, establish the jurisdiction or country under whose legal system any dispute will become heard. This can an important consideration in the event of something going wrong and the remedies open to you.

If you go to a country where you do not speak the language, determine ahead of time how you will communicate with your doctor and other people who are caring for you.

Obtain copies of your medical records, which should describe any allergies you may have.

Prepare copies of all your prescriptions and a list of all the medicines you take. Include their brand names, their generic names, manufacturers, and dosages.

Arrange for follow-up care with your local healthcare provider before you leave.

Before planning “vacation” activities, such as sunbathing, drinking alcohol, swimming, or taking long tours, find out if those activities are permitted after surgery.

Get copies of all your medical records before you return home.

TELL US ABOUT YOUR CASE

If you have any questions about an injury you suffered please do feel free to contact us for a confidential chat with one of our personal injury solicitors *. You can reach us by phone on 01 649 99 00 or email ask@traceysolicitors.ie.

We give legal advices in Russian. If you need legal help contact Emilia 087 165 1564

Tracey Solicitors
16/17 St. Andrew Street
Dublin 2

T: 01 649 9900 – Reception
T: 087 165 1564 – Russian

W: https://www.traceysolicitors.ie/en/multilingual-legal-services/russian/
W: https://www.traceysolicitors.ie/en/

*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

 

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