My Holiday Injury Made an Existing Condition Worse - Can I Claim?

Posted on: 2 mins read
Jai-Inder Rattan

Holiday Claims Associate Solicitor

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Yes, in England and Wales you can claim compensation if you’re injured on holiday, and it’s made a pre-existing injury or condition worse.

Medical evidence will be needed to prove this, so if we take on your case, one of our Holiday Claims Solicitors will examine your medical records and arrange an independent medical assessment for you.

The specialist carrying out the examination will prepare a medical report outlining your condition, which can help us work out how much compensation you should claim and what care, support and rehabilitation you may need.

If you’ve suffered an injury in an accident on holiday and believe it’s the fault of a third party, get in touch with our Holiday Claims Solicitors for a free claims assessment.

Our friendly team of experts can let you know straight away if you have a claim, and often handle holiday accident claims on a No Win, No Fee basis - ask us for details.

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Proving the Impact of a Holiday Injury

A well-established legal principle, sometimes referred to as the ‘eggshell skull rule’, means that a defendant must take their victim as they find them.

So if an accident on holiday has caused your existing injury or condition to become worse, you may have grounds to claim compensation.

These types of claims are sometimes referred to as exacerbation or acceleration claims. For example, exacerbation injuries can happen where a pre-existing condition or injury is made worse by an accident.

Acceleration injuries may be relevant where a physical condition would have happened in any event, but the accident has caused the symptoms (or injury) to happen sooner.

We’ll arrange for you to be assessed by an independent medical expert, who will review your full medical history and write up a report with their findings.

They’ll let us know if they believe your holiday accident has led to any exacerbation or acceleration of a pre-existing condition or injury.

We can then approach the party you hold responsible for your holiday accident with this information, and negotiate for a fair compensation settlement that reflects your needs and the severity of what’s happened to you.

Why Medical Evidence is So Important

Our aim is to help you get back into the position you would’ve been in had the holiday accident not taken place. So it’s very important that we understand the full impact of your injury and how it has affected your life.

With this information, we can work out what care, support and rehabilitation you need that may help your recovery, and include the cost of this in your compensation claim.

You shouldn’t have to worry about whether you can afford vital treatment and support if you’re injured through no fault of your own.

Our Holiday Claims Solicitors are specialists in this area of law, and will work with our trusted network of medical experts to make sure no stone is left unturned.

We have a strong track record of helping people like you get the compensation they deserve and rebuild their lives, so get in touch with us for a free claims assessment, and we’ll be happy to speak with you.

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