Holiday Accident Claims

There are two types of injury compensation that you may be entitled to. The first, called ‘general damages’, and is awarded to compensate you for the pain and suffering caused by the injury. The second type of injury compensation, called ‘special damages’, covers actual financial losses and expenses arising from the injury. This can include lost earnings, care given to you by your friends and family, costs of treatment, travel costs and various other expenses including future losses.

Please see our Personal Injury Claims services.

What will I get Personal Injury compensation for? – Video Transcript

A lot of clients ask us ‘What can I claim compensation for?’. For most claims, there’s two different aspects to it. There’s General Damages and there’s Special Damages. Your General Damages relates to your injury aspects of your claim, which is your pain, suffering and loss of amenity. That takes into account obviously how bad the pain was, how long you suffered for and what it’s impacted in your life in terms of what you can and can’t do now going forwards. In addition to that you’ve got your Special Damages which is your out-of-pocket expenses. These are loss of earnings, care and assistance, travel, it might be a sports membership or something like that that you can no longer use due to the accident. It’s obviously for the claimant to always prove their losses on those ones. So if you’re unaware of how to prove it, or what you need to show it, you can either check out one of our other videos or give us a call and we can go through it with you.

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There are certain limitation periods for making a personal injury claim and some exemptions too.

The Limitation Act stipulates the date by which you can make a claim after you have had an accident. In most cases, this is three years from the day the accident occurred. After this time, you cannot easily make a claim unless there is some special reason why you should be allowed to do so. For example, if you were unable to deal with your own affairs for a period of time.

There are exceptions, for example, the limitation date for children who have an accident when they are under 18^th. is their 21^st birthday. That is three years from when they became an adult. 

If your injury was not caused by a one-off event, for example, a repetitive strain injury, then the three-year timeline only starts to run on the day you became aware you had an injury as a result of the negligence of a third party. This might be the day you are diagnosed with a condition by your doctor.

There are a lot of exceptions to the three-year limitation date rule (you might only have one year to make a claim if your accident was in Spain or two years if it was on a boat) so the best advice is to give us a call and we will tell you where you stand.

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An interim payment in a personal injury claim is an amount of money paid by the insurance company for the Defendant to the Claimant prior to settlement of the claim. For example, in some cases, people often cannot get back to work immediately and consequently have a much-reduced income. In such cases, we can often make an application for an interim payment for you to alleviate any short-term financial difficulties.

In larger cases where someone has been very seriously injured, we may ask for an interim payment to enable works to be undertaken on the injured persons’ house to make it more accessible, for example, a walk-in shower or to lower the kitchen work surfaces for a wheelchair user. 

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No Win No Fee

When it comes to making a personal injury claim, one of the most important things to consider is how you will fund your case. After all, taking legal action can be costly, and if you don’t have the right funding in place, you may find yourself struggling to cover the costs.

No win no fee arrangements can be extremely beneficial for claimants, as they provide access to justice regardless of their financial situation.

However, it’s important to remember that not all no win no fee solicitors are the same. Some may charge hidden fees or have strict conditions in place, so it’s always worth doing your research before you choose a solicitor to work with.

No win no fee agreements have become a popular way for personal injury claimants to pursue compensation. But what exactly are they and what do you need to know about them? Stonehewer Moss Solicitors we will explain everything you need to know about no win no fee agreements, including how they work and the pros and cons of using them. 

What Is a Success Fee ?

If your claim is successful then you become liable to pay your solicitors base costs, plus any success fee they charge. The success fee is very often misunderstood and often confused with the solicitors overall cap on costs. To be clear the success fee forms part of the overall costs charged, that is, the base costs plus the success fee.  

At Stonehewer Moss we apply an overall cap on the costs we charge you based on the amount of compensation you receive. This overall cap is typically between 18% and  30% of the compensation amount recovered, although this will be subject to your individual circumstances. This is a cap both on your liability for your base fees in general and the success fee added together.  

Accordingly when considering which law firm to use it is therefore much more useful (and much easier to understand) if you just ascertain what the overall cap is on your liability for legal costs is, as this is the amount that you will usually pay.

At Stonehewer Moss there is an overall cap so that your liability for all your legal costs will never exceed 30% of the damages you are awarded and can be as low as 18%.

No. Your compensation is usually net of tax. Any claim for loss of earnings will be paid less any tax and National Insurance you would have paid. If you are claiming benefits related to your accident, your award might be reduced to repay these benefits. If you are claiming benefits not related to the accident, your lump sum award may affect your entitlement to benefits. We can help you with this by creating a personal injury trust.

The value of every compensation claim for accidents on holiday depends on the seriousness of the injury or illness as well as the chances of you making a full recovery.

In handling your claim, we will seek compensation for pain and suffering as well as recovering costs for medical bills, additional travel expenses and even loss of earnings you may have had as a result of the accident. We will also factor into the value of your claim any long term medical expenses that you may incur for life-changing injuries that require ongoing medical treatment.

We may also be able to obtain interim payments where possible to help you to avoid financial hardship caused by an accident that wasn’t your fault.

Whatever the nature of your injury, our aim is to get you the highest amount of compensation as quickly and stress-free as possible so that you can get your life back on track.

For the majority of cases, any claim for accidents on holiday compensation must be made within three years of the date of the accident. There are, however, some exemptions to this rule in instances whereby you may be able to make a claim for an accident dating back further. In other cases, you might be limited to two years if the accident was on a boat or plane, or only one year to make your claim, for example, road traffic accidents in Spain, so it is best to take advice as soon as possible after you return from holiday. As specialist personal injury lawyers, we will be able to advise you on your rights.

If you’re injured because of an accident or illness whilst on holiday, there are a few important things you should do before returning home. It is really important that you gather as much evidence as possible to prove that the accident happened as a result of someone else’s negligence, for example:

• Photos of where the accident happened
• Measurements of any holes, cracks etc
• Contact details of witnesses
• Details of who owns the property/land
• Photos of your injuries and the medical treatment you received whilst abroad (and at home)

It’s best to get legal advice as soon as possible after your accident so that we can obtain crucial evidence e.g. CCTV footage as this may be difficult to obtain at a later date. There may also be time limits to your claim.

We offer a Free No-Obligation Case Review so that we can understand more about the accident circumstances and to advise you on whether or not you have a claim.

We will guide and support you throughout the complex personal injury claims process, dealing directly with foreign third parties and their insurance companies on your behalf to secure compensation for your injuries or illness quickly and stress-free.