Holiday illness compensation

Holiday illness compensation

For getting your life back on track

Holidays are supposed to be a time of enjoyment and relaxation, a chance to reconnect with family and friends and explore the culture of somewhere new. So it can be especially disappointing when holidays are ruined by illness.

If you or a loved one has experienced an illness while on holiday, it’s essential to know that you may be able to claim compensation and put things right. At Switalskis we’re committed to making sure that your holiday illness is compensated for. We’ll guide you through every step of the claims process to seek compensation for the issues you have endured.

To speak to one of our specialist holiday illness compensation claims solicitors about your situation, call us on 0800 1380 458, or contact us through the website.

How Switalskis can help

Navigating the issues of holiday illness compensation claims needs more than just legal expertise; it calls for compassion, understanding and clarity. At Switalskis, that's precisely what we offer.

Our mission is to simplify the holiday illness claims process for you. By breaking down each stage into simple steps, we help to make sure you're well-informed and never feel overwhelmed. From day one, our objective is to make you feel empowered and supported throughout the process.

Every holiday illness story is as unique as the person who lived through it. Our team will work to understand your situation and make sure the strategy we use is aligned with your needs.

Read what our clients had to say about the help they received from Switalskis:

What happens when you get ill on holiday?

A holiday is often a much-anticipated break, a time to relax, explore, and create memories. But what happens when that much-needed getaway is ruined by an unexpected illness? Understanding the gravity and implications of holiday illnesses is the first step towards seeking the compensation and closure you deserve.

Holiday illnesses are more than mere interruptions to your plans. They can range from mild discomforts to severe conditions, leading to extended stays in unfamiliar hospitals or clinics, expensive medical bills, or long recovery periods back home. Beyond the physical effects, the impact of having a cherished holiday turned upside down can't be underestimated.

Various factors can lead to holiday illness. Consuming contaminated food or water, exposure to unhygienic conditions, or even contracting airborne diseases can quickly transform a leisure trip into a health nightmare. In some cases, the negligence of holiday providers, such as hotels or restaurants, plays a part.

The consequences of a holiday illness often don't end with the trip. Many people face challenges once they return, including lingering health issues, loss of income due to extended sick leave from work, and the emotional toll of living through the ordeal. Moreover, family members or travel companions can also be affected, whether they fall ill or face the strain of supporting the affected person.

While many of us associate holiday illnesses with trips abroad, domestic holidays are not exempt. Regardless of the location, travellers have the right to expect certain health and safety standards. When these are compromised, it’s essential to know where to turn.

Empathy, support and guidance are integral during these testing times. At Switalskis, we’re committed to not only providing expert legal advice but we also offer a comforting hand, helping you navigate the aftermath of a holiday illness with care and dedication.

Making a holiday illness compensation claim

We’re here to guide you through the process of making a holiday illness compensation claim. Below is a step-by-step outline to help you understand what to expect when pursuing a compensation claim for a holiday illness.

Step 1: Initial consultation

When you call us, we'll discuss the details of your illness, assess the potential of your claim and outline the next steps to take.

Step 2: Establishing your claim

Should you choose to move forward with your claim, we'll begin collecting evidence. This can include medical records, photographs of any possible source of contamination, witness accounts and any other relevant reports. We'll also determine if there were any breaches of hygiene regulations or negligence by the other party.

Step 3: Notifying the defendant

Once we’ve compiled all the necessary evidence to make your claim as strong as possible, we'll draft and forward your claim to the responsible party and their insurance provider. We’ll handle any communications between you and the relevant party so you can avoid the confrontation.

Step 4: Defendant response

The defendant will assess the claim and confirm if they accept or dispute it. If the claim is accepted, will then take appropriate evidential steps and negotiate for a suitable outcome.

Step 5: Court proceedings (where necessary)

If an agreeable settlement can’t be reached, it might be necessary to take the matter to court. Our solicitors are experienced in handling cases in court, and we’ll make sure that your case is prepared for court, where we’ll represent and support you through the process.

Step 6: Settlement and compensation

Upon a successful claim, we'll make sure the compensation is paid to you.

Is there a time limit for holiday illness compensation claims? 

General rule: In most cases, you have three years from the date you became aware (or reasonably should have become aware) that your holiday illness was due to the negligence or oversight of another party. This might not be the day that you fell ill. For instance, it could be when a medical professional diagnosed you and traced your illness back to a specific event or location during your holiday. This is called the ‘date of knowledge’.

However, if you were ill while abroad, the time limits can vary depending on the country where the accident took place. Some countries have much shorter time frames in which you can make a claim. That’s why it’s so important to act quickly.

Exceptions to the rule: while the three-year deadline is common, there are exceptions to this rule: 

  • Children: If the person suffering from the holiday illness was under 18 when they were diagnosed, the three-year timeframe doesn't start until their 18th birthday. This means they will have until the age of 21 to lodge a claim.
  • Mental capacity: For those who lack the mental capacity to launch a claim, the three-year restriction may be delayed. Once they regain capacity, the three-year limit begins.
  • Cruise ships: Shorter time limits apply to illnesses contracted aboard cruise ships or other boats. Please contact us as soon as possible after your cruise to make sure that time limits aren’t missed.
  • Flights: Illnesses contracted aboard aircraft or in and around airports are governed by different time limits and have other restrictions that make claims more difficult.

Even taking into account these exceptions, it's wise to start the claim process as soon as possible. This means that memories are more vivid and it’s easier to collect evidence.

How do I know if I'm eligible to make a holiday illness claim?

Eligibility hinges on proving that the illness was a direct result of some form of negligence or breach of duty. Whether it's a local excursion that went wrong, undercooked food at a resort, or unsanitary room conditions, if you believe that your illness isn't a mere coincidence but due to someone's negligence, you might be eligible. Consulting a solicitor can provide clarity.

Holiday Illness Compensation FAQs

Do I need medical proof of my illness?

Yes. Medical proof serves as the bedrock of your claim. Hospital records, prescriptions, test results, or even photographs of visible symptoms can strengthen your case.

How much compensation can I expect to receive?

Compensation is calculated based on several factors, including the severity and duration of your illness, medical expenses, lost wages, and the overall impact on your holiday experience. Each case is unique, and a solicitor can guide you towards an estimated figure after a thorough assessment.

Can I claim if I fell ill on a package holiday?

Yes. Package holiday operators owe their patrons a duty of care. If any segment of the package, be it accommodation, travel or food, falls short of expected standards and results in illness, the operator can be held liable.

Will I need to go to court?

A majority of holiday illness claims reach settlements outside the courtroom. However, if the claim is disputed or if negotiations stall, court proceedings might become necessary. If this happens, we will guide and represent you throughout the process.

Who will the compensation be claimed from?

Compensation is usually sought from the party deemed negligent. This could be hotels, tour operators, restaurants, or any entity responsible for the holiday experience. We will identify the culpable parties based on the evidence and specifics of your case.

How long does the claims process take?

The timeline varies. Straightforward cases with clear-cut evidence might settle swiftly, while more complicated cases, especially those that are disputed, can take longer. We will regularly update you on progress throughout your claim.

Can I claim on behalf of a family member or a child who fell ill?

Yes. If the person is below 18 or, for any reason, lacks the capacity to initiate a claim, a guardian or close family member can step in on their behalf. This means that even the most vulnerable can receive the compensation they deserve.

To speak to one of our specialist holiday illness compensation claims solicitors about your situation, call us on 0800 1380 458, or contact us through the website.

Our holiday illness compensation specialists

Photo of Diane Parker
Diane ParkerDirector and Solicitor
Katrina ElseySenior Associate Litigation Executive
Photo of Louise Moore
Louise MoorePortal Co-ordinator
Alex EdwardsSolicitor
View more

Why Switalskis?

When you're seeking representation for holiday illness claims, the legal team you choose can greatly influence the result. Switalskis is not just about legal know-how, but also about the values we hold and the care we provide to our clients. Here's why teaming up with us is a smart choice:

Clarity in complexity

Holiday illness claims can get tangled with lots of legal jargon. At Switalskis, we make it our job to translate confusing language into simple terms to help you understand your legal position. We want you to know what's happening at all times, to make sure you’re in the loop and feeling confident.

Empathy at every step

We understand the distress a holiday illness can cause. Our team is always ready to listen with a kind heart. We're not just here for the paperwork; we’re also here to support, understand you, and offer a helping hand.

Expertise you can trust

We've been in this field for a long time, and we've seen many cases through. Our team has some of the best experts in holiday illness claims, and they're ready to put their knowledge to work for you.

Championing your rights

We’re passionate about standing up for our clients. Everyone deserves fairness, and we work hard to make sure you're heard, your rights are protected, and those at fault are held responsible.

Teaming up with Switalskis means you're not just getting a legal team; you're getting people who truly care. We're here to be your voice and support you to make sure you get the best outcome possible.

What are the types of personal injury claims?

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with:

Find out how Switalskis can help you

Holiday illnesses can cast a shadow over the memory of your holiday and leave a lasting impact on you both physically and financially. But remember, you’re not alone. Our legal experts are here to listen, understand your circumstances, and fight for the best possible outcome for you.

Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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