Holiday Illness and Sickness Claims
For free legal advice call our Personal Injury Solicitors and we will help you. Ask if we can deal with your claim on a No Win, No Fee basis.
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Our Personal Injury Solicitors and Holiday Claims Lawyers are experts in winning compensation for people who have suffered from illness or sickness on holiday.
We offer free legal advice for victims or family members, and we may be able to deal with the claim on a No Win, No Fee basis - ask us for details.
Falling ill or suffering from food poisoning sickness on holiday can feel even worse if you know it was someone else’s fault, as the whole thing could have been avoided.
But our specialist Solicitors and Lawyers have a strong track record of securing compensation, so get in touch to see how we could help you get the justice you deserve.
We pride ourselves on being open, transparent and communicating in plain English. That means our approachable and experienced Solicitors won’t baffle you with legal jargon.
We’re proactive and driven by a strong sense of justice, and we’ll work tirelessly to get you the best possible compensation settlement.
We often work on a No Win, No Fee basis, and we also offer a free, no obligation legal assessment of your complaint.
Our personal injury claims team has about 80 years of combined experience, and a proven track record of great results.
You’ll get the total support of a dedicated team of travel claims specialists, and whenever you call us, you’ll be put straight through to the team who’s handling your case.
More on Holiday Illness and Sickness Claims
Firstly, we need to work out if you have a valid holiday sickness claim?
To do this, simply ask yourself these three questions.
- 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 whilst on holiday or shortly after coming home?
If you didn’t have any health issues before travelling and answered yes to the second and third questions, you might have a strong claim for compensation.
Common Bacterial Infections on Holiday include:
- E. coli
Symptoms of these infections include diarrhoea, stomach cramps and vomiting. In some cases, these illnesses lead to long term debilitating secondary conditions, such as a reactive arthritis, irritable bowel syndrome or chronic fatigue syndrome.
So we need to work out who is responsible for your sickness. This could be the tour operator if you booked a package holiday, or a specific service provider, such as a holiday hotel or restaurant.
English law is on your side if a tour operator or holiday supplier has fallen short in any way, which means you could be in line for a compensation payout.
Examples of the Compensation You Could Claim:
- Personal expenses - e.g.: medical costs, travel insurance excess.
- Holiday experience - the period of the holiday that was ruined due to the sickness.
- Holiday enjoyment - if you didn't enjoy the holiday due to being ill, the law permits you to be compensated.
- Loss of earnings - you can claim compensation for money you could have earned but weren’t able to due to the illness.
- Care - due to the illness, you may need extra care and help, which can be compensated.
- Future loss - this includes earnings, future costs and pensions that will be lost due to the sickness.
- Pain and suffering - this depends on the severity of your sickness and will be awarded accordingly.
We’re accredited members of the Law Society Personal Injury Panel. That means you can be confident your holiday sickness claim will be conducted professionally and to the highest standards.
Frequently asked questions
- What is the claims process?
Each case we handle is different, so we can’t tell you right now exactly how long your holiday illness claim will take.
After your initial consultation, we’ll try to establish who was at fault and get in touch with them.
We’ll also assess the impact of your illness, so we can work out how much compensation we think you’ll be entitled to.
Ideally, the person or organisation responsible for your accident or injury will accept liability, so the claim can be settled out of court.
However, they might not take the blame or may feel you’re asking for too much money, which means Court proceedings will start. Don’t worry though, as we’ll be at your side throughout the whole process, offering support so you never feel overwhelmed or helpless.
Typically, holiday claims cases will take between 10 and 14 months to resolve if the other party agrees to settle. But if they don’t admit liability and the case goes to Court, the process can take longer - perhaps up to three years.
- What funding is available?
Several funding options are available, so we’ll talk you through the best one for you and your case.
We may be able to offer you a No Win, No Fee service - ask us for details.
- How much can I expect to receive in compensation?
Since each case is very different, we can’t put an exact figure on this. But to give you a rough idea, we’ve seen clients claiming for pain and suffering caused by food poisoning on holiday win sums ranging from £600 to £33,500.
Clients may also receive damages to cover any financial losses caused by their illness. After all, a holiday illness can easily lead to a loss of earnings, while the medical fees and prescription charges incurred throughout your treatment can also add up.
- What happens when I make a holiday illness claim?
If you decide to bring legal action, we’ll write to the party you hold responsible and put forward your claim. We can start to gather all the evidence necessary - including medical evidence - to make sure your case is the strongest it can possibly be.
Next, we’ll value your claim and ask you to confirm that you’re happy with our valuation. In higher value claims, we’ll instruct a barrister to value the claim.
If you’re happy, then we’ll put forward a proposal to the other side, who may choose to settle straight away. If they don’t, we’ll help you bring court proceedings. During all this time, you can just leave us to do all the work, whilst you get on with your life.
- Who will handle my claim?
Your claim will be conducted by an expert in package travel holiday claims and supported by experts in the fields of gastroenterology and microbiology, ensuring that you receive the maximum compensation.
- 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 far too long
- Flies and insects contaminating food - flies transfer fecal matter
- Birds and other animals being permitted to contaminate 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 is often another cause of sickness outbreaks at hotels - 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 knob or handle when exiting – it’s always important to take extra precautions abroad to avoid illness – for example, make use of anti-bacterial gel
- Who is responsible for my holiday illness?
Your tour operator is responsible for any of the above failings and should you fall ill or sick as a consequence of poor food handling practices or shoddy standards of hygiene at your hotel, then you are entitled to receive compensation.
The tour operator must ensuring that the services that make up the package holiday are provided with reasonable skill and care.
The Package Travel [Etc] Regulations 1992 extend the tour operator’s liability further by making it responsible for its supplier’s performance (ie the Hotel).
So, if you are served food that is unfit for human consumption and you become ill as a consequence it is your tour operator who is responsible.
- Any tips to avoid holiday illness?
If you’re travelling on a long-haul flight:
- Stand up, walk and stretch for a few minutes at least every hour
- Avoid consuming excessive amounts of alcohol
- Don’t overeat during the flight
- To minimise jet lag, enjoy a light diet and good night’s sleep at your destination
Other tips include:
- Avoid drinking tap water by the glass or in mixed drinks (including ice made from tap water)
- Don’t brush your teeth using tap water
- Don’t eat raw vegetables including salads, fruits, unless they have a thick, disposable outside covering
- Don’t eat rare 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 beverages, as opposed to tap water
- Drink hot beverages as they are relatively safe even if full boiling is not assured
- Keep hydrated - if you are suffering from dehydration, drink fruit juice (canned or boiled) or bottled water
- Wash your hands frequently
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Simpson Millar is a national law firm with over 500 staff and offices in Bristol, Cardiff, Kingston-upon-Thames, Lancaster, Leeds, Liverpool, London, Manchester, Morecambe and Southport.