Holiday Sickness Compensation Claims Solicitors

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If you become ill when you’re on holiday abroad, it can spoil your holiday and lead to long-term health problems and affect your work life. Hotels and tour operators have a duty of care to keep you safe on holiday. If they don’t, and you get sick, then you could claim compensation.

Our specialist Holiday Claims Solicitors and Lawyers have a strong track record of helping people get compensation after becoming ill on holiday. Get in touch today to see how we can help you.

Call us on 08002605010 or request a callback and we will help you.

Why Choose Simpson Millar?

  • Law Society Personal Injury Accreditation – We’re accredited by the Law Society for Personal Injury expertise, so you can be sure that your case is in the best hands and will be dealt with to the highest standard
  • More than 80 years’ combined experience – Our Holiday Claims Solicitors are specialists, with some working previously in the travel industry. Our experts have the experience to give you the best legal advice
  • Open and transparent in our approach – We’re the ‘Open Lawyers’. We’ll always talk to you in plain, straightforward language and keep you up to date throughout your claim
  • No Win, No Fee Claims – We mostly work on a No Win, No Fee basis, and also offer you a free, no obligation claims assessment

Common Holiday Illnesses

People who go on all-inclusive holidays abroad can become ill because of poor food hygiene practices such as leaving food out too long or staff not following hand washing procedures properly. It may be possible to trace these illnesses back to the hotel or resort they’re staying in if they’re not eating elsewhere.

Every year we help people who have become ill on holiday with infections such as:

  • Campylobacter
  • Cholera
  • Cryptosporidium
  • coli
  • Gastroenteritis
  • Legionnaire’s disease
  • Norovirus
  • Salmonella
  • Shigella
  • Typhoid

While the signs and symptoms of these will vary, common symptoms can include diarrhoea, stomach cramps and vomiting. In some cases, these illnesses can cause long-term, debilitating conditions such as irritable bowel syndrome or chronic fatigue syndrome.

It’s really important to get a diagnosis and the correct medical treatment as soon as possible.

What Can I Claim Compensation For?

Our Holiday Illness Claims Solicitors will work hard to get you compensation for:

  • Pain and suffering – the amount will depend on how severe your symptoms were
  • Any extra care and support you need because of your condition
  • Personal expenses – anything you’ve had to pay for such as medical or hospital costs or medication
  • Loss of earnings – If your illness means you can’t work, either temporarily or for a longer period of time, you can claim for current and future loss of earnings
  • Loss of enjoyment – There’s no doubt you won’t enjoy your holiday if you’re ill, so you can claim compensation for this loss

We understand that everyone’s experience will be different, and sometimes the effects of an illness won’t be noticeable straight away. We’ll factor in all your long-term needs when calculating your compensation.

What to Do if You Get Ill on Holiday

  1. See a medical professional – Get a diagnosis and treatment from a medical professional as soon as possible. The sooner you get treatment, the sooner you’ll recover. Get a copy of the medical report if you can as this will support your claim if you decide to make one.
  2. Take photos or videos – If you see anything that may have caused your illness, such as unhygienic food serving conditions, then it’s useful to gather evidence through photos and videos.
  3. Make a record – Write down details such as your symptoms, when the sickness began, what you ate and drank, and which restaurant in the hotel you ate in.
  4. Let staff and your holiday representative know – Tell the staff at the hotel or resort you’re staying at that you’re ill and what your symptoms are. If you booked your holiday through a tour operator, and you feel up to it, contact them and speak to a holiday representative.
  5. Contact a Holiday Claims Solicitor – To make a claim get in touch with us as soon as you can so we can get the claims process started quickly.

People We’ve Helped

What is the Claims Process?

  1. Free Claims Assessment – One of our expert Holiday Illness Solicitors will assess your case. We’ll usually ask:
  • Were you ill before you went on holiday?
  • Did you mainly eat the food at your hotel or swim in their pool?
  • Did you start to feel ill while on holiday or shortly after coming home?
  • Did you report your illness to anyone?

If you weren’t ill before the holiday and you answered ‘yes’ to the second and third questions, you may have a claim for compensation.

  1. Who’s Responsible? If we’re confident that you’ve got grounds for a claim, we’ll work to find out who is responsible for your sickness and put forward your claim. We’ll gather all the evidence, such as medical reports, so you have the strongest possible case.
  2. How Much is Your Claim Worth? – We’ll look at the impact of your illness on your life to value your claim. For higher value claims or claims on behalf of children, we may need to instruct a Barrister to value the claim.
  3. Make an Offer to Settle – If you agree, we’ll make an offer to settle your claim to the other party.
  4. Settle or Go to Court – Ideally, the hotel or tour operator responsible for your illness will accept liability (fault) so your claim may be settled out of Court. If they don’t, we can start Court proceedings if necessary. But don’t worry, we’ll be at your side the whole time.

How Long Does a Holiday Sickness Claim Take?

Every case is different, so we can’t tell you exactly how long, but generally holiday illness claims take between 10 to 14 months if the responsible party agrees to settle. But if they don’t and the case goes to Court, it can take longer – sometimes up to 3 years.

Paying for Your Holiday Illness Claim

We can usually deal with your claim on a No Win, No Fee basis. This means you only pay us legal fees if your claim is successful.

We can discuss other ways to pay for your claim if a No Win, No Fee Claim isn’t suitable. Just ask us to talk through the options.

Frequently asked questions

How much compensation can I claim?

The amount of compensation you could get will depend on how serious your illness was and the impact it’s had on your life.

To give you a rough idea, we’ve helped clients claim compensation ranging from £600 to £33,500 for food poisoning on holiday.

Your compensation can also include any income you’ve lost because of the illness, and any expenses such as medical fees and prescription charges.

What are the most common causes of holiday illness?
  • Food being served lukewarm - A breeding ground for bacteria such as salmonella and campylobacter
  • Food not being cooked thoroughly - Pink and bloody chicken and runny eggs are known causes of campylobacter and salmonella
  • Food that has been reheated or left standing for too long
  • Flies and insects contaminating food - flies transfer faecal matter
  • Birds and other animals contaminating food service areas
  • Infected or ill food handlers touching and preparing food
  • Ice which has not been prepared using filtered water
  • Salads and fruit washed in tap water - which may lead to infections such as Shigella, E. coli or Giardia
  • The swimming pool - people who are ill can easily spread the parasite cryptosporidium which contaminates pool water and is resistant to chlorine
  • Public toilets - may be hazardous if the last visitor has not washed their hands and then touches, for example the door handle when exiting. It’s always important to take extra precautions abroad to avoid illness, for example using anti-bacterial gel.
Who is responsible for my holiday illness?

If you booked your holiday through a tour operator, then they’re responsible for keeping you safe. If you’re ill because of poor food handling practices or hygiene at your hotel, then your tour operator is responsible.

But if you booked your hotel independently, then the hotel will be responsible. This can make things more difficult when trying to claim compensation. Ask us for advice if you’re not sure how you booked your holiday.

Any tips to avoid holiday illness?
  • Avoid drinking tap water, including ice made from tap water
  • Don’t brush your teeth using tap water
  • Don’t eat raw vegetables including salads and fruits, unless they have plastic covering
  • Don’t eat rare or raw meat or fish. Make sure all meat and fish is cooked thoroughly
  • Don’t eat dairy products from small vendors, or any dairy products that have been left out in the sun
  • Don’t eat food that has been kept warm
  • If you become ill, don’t prepare or handle food for other people as you can spread your illness
  • Drink carbonated water, bottled or canned drinks rather than tap water
  • Drink hot drinks as they are relatively safe even if not fully boiled
  • Keep hydrated - if you are suffering from dehydration, drink fruit juice or bottled water
  • Wash your hands frequently

For free legal advice, call our Holiday Claims Solicitors

No Win No Fee

Monday to Friday 8:30am-7:00pm

08002 605 010

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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London, Manchester and Southport.