Holiday claim compensation: how it works
When you instruct a solicitor to pursue holiday claim compensation, they will of course look to put forward the legal case against the Tour Operator or other party held responsible (the ‘Defendant’).
As well as establishing that the Defendant was liable, evidence of your illness or injuries must be provided. Your solicitor will normally arrange the preparation of medical report(s) from the most appropriate type of expert(s). From this evidence, your solicitor can begin to assess the potential level of award relating to the illness / injuries.
If your holiday claim is successful, the total compensation you receive can be broadly split into two categories:
Compensation for the injury / illness itself
This element of compensation is also known as ‘general damages’ or ‘PSLA’ (Pain, Suffering and Loss of Amenity). How much you receive will depend on several factors, including the type, severity, effects and duration of the illness/injuries. The medical evidence will help determine this.
Your solicitor will look at existing case law for cases involving similar injuries, as well as published guidelines for ‘general damages’ compensation brackets, in determining the value of this part of your claim.
Compensation for your losses and expenses
In a successful claim you may also look to recover any other losses or expenses that would not have arisen had it not been for the illness or injury (also known as ‘special damages’).
Where it is reasonable to do so, evidence must be provided so that these sums can be recovered. Our infographic explains some of the most common ‘special damages’ recovered in holiday claims:
This list is not exhaustive. Depending on the severity of injury and your personal circumstances, other types of expense might be incurred. Your solicitor will discuss all possible losses with you.
In a successful holiday claim, settlement could be agreed at various stages within the process; some claims proceed to a final hearing, but most are finalised without going to court. Both sides are entitled to make offers; these may not necessarily represent the 100% value of the Claim. Whenever an offer is made, the parties have to consider how reasonable it is versus the prospects of success if it were to proceed to a hearing.
Holiday Claims Bureau will fight to recover appropriate holiday claim compensation to cover your losses and expenses. For more information and to find out how much compensation we could help you win for your holiday compensation claim, call us today on 0161 813 2131 to speak directly to a member of our team. Alternatively, if you would like to arrange a call back, simply complete our quick and easy-to-use start your claim form and we will be in touch with you as soon as possible.