When an accident causes personal injury during a holiday, the holidaymaker is bound to feel particularly aggrieved and feel they should be compensated, but, like all injury claims, holiday accident compensation amounts vary according to the severity of the injury and how it will affect the person's life.
It is also necessary to remember that the full circumstances of any accident will be taken into account and if the claimant's behaviour is deemed to have contributed to the accident, this could affect the amount of compensation payable.
How much are you likely to receive?
Naturally, the most severe injuries will incur the highest damages awards – so brain injuries and spinal injuries are typically those for which a court has powers to award very substantial amounts of compensation. This is often because the injured person will no longer be able to live an independent life or earn an income; sums also reflect the need for ongoing care and/or treatment.
For example, very severe brain injuries in adults can be settled for six-figure sums, from £185,000 to £315,000*.
Less serious injuries, such as whiplash, broken limbs or minor scarring will still be compensable, particularly if the recipient of such injuries is forced to take time off work and incurs costs relating to treatment. However, the level of damages will be considerably lower, especially if the person is able to regain the same quality of life as they had before the accident occurred.
For instance, a whiplash claimant whose recovery takes between a few months and a year can expect to receive between £1,700 and £3,500.*
The cost of your holiday will not greatly affect compensation amounts
The cost of the holiday will not be reflected in a personal injury compensation award. So, injuries incurred at an all-inclusive resort in Jamaica will be valued at the same rate as those which happen while the claimant was in a bed and breakfast in the UK.
However, depending on the level of contractual failure committed by the operator who supplied your holiday, claimants may receive an ‘element' award along with other, appropriate heads of loss, such as diminution in holiday value, loss of enjoyment of holiday, mental distress and anxiety and special damages such as medical and travel expenses - repatriation of a sick person to the UK from abroad can cost thousands of pounds.
Have you suffered personal injury while on holiday?
If you wish to make a claim for an accident which happened while you were on holiday, the personal injury lawyers at Seth Lovis & Co can help.
We will be able to ascertain an approximate compensation figure fairly quickly from a description of your injuries and, if you wish to proceed with a claim, we will carry out a more comprehensive analysis of your situation. We will also gather all necessary evidence to back up your claim.
Call now on 0808 252 0678 and we will be happy to discuss your holiday accident claim on a no-obligation basis.
*All figures are approximate and will be dependent on individual circumstances