Missed Limitation in Holiday Claims for Compensation
What could be worse than saving up and looking forward to your holiday with the family to then suffer an injury through no fault of your own?
Well, how about if you were entitled to claim compensation, instructed your so-called specialist Solicitor to handle your case, they make a mess of it and you end up losing out on compensation?
If this happened to you, you may be able make a professional negligence claim against the Solicitor.
There are lots of law firms that hold themselves out as experts in holiday claims, some of whom are fairly limited in their knowledge and ability, relying instead solely on one piece of legislation - The Package Travel Regulations 1992.
These regulations, if they apply, enable you to bring your claim in the UK and apply the standard 3-year limitation period (the time within which Court proceedings must be brought). For the regulations to apply, however, the following requirements exist:
- The package holiday was sold or offered for sale in the UK
- The package holiday was sold at an ‘inclusive price’ (one price for everything)
- The package must comprise of two of the following:
- Transport (eg: airoplane, ship, train, coach)
- Accommodation (eg: hotel, villa, apartment)
- Other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package (eg: tours or excursions included in the overall package)
- The package must cover a period of at least 24 hours or include overnight accommodation.
If the regulations don’t apply, then different limitation periods may apply either in the country in which the accident or injury occurred or under various laws that apply to the circumstances.
Examples include The Athens Convention, which applies to accidents on board a ship, for which the limitation period is 2 years not 3, although with agreement between the parties this may be extended; or The Montreal Convention which applies to those injured while in the process of boarding a flight, again 2 years but which cannot be extended by agreement or otherwise.
In other countries, such as the USA, the limitation period will differ from one state to another. In Alabama the period is 2 years, while in Florida the period is 4 years and in North Dakota 6 years.
Ensuring your holiday compensation Lawyer is experienced and knowledgeable in these matters is essential. It can mean the difference between receiving compensation or not.
At Simpson Millar, we’re regularly instructed to represent holidaymakers who have suffered an injury in an accident on holiday which the Package Regulations don’t cover, and find they’ve been let down by their Solicitor.
In many cases, our Professional Negligence Solicitors can claim the losses and compensation you would have been entitled to but for your Solicitor’s failure.
We have many years’ experience in fighting claims against Solicitors and recovering compensation for our clients.
For free legal advice call our Professional Negligence Solicitors
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