Accidents on holiday
Sadly an accident can turn that long awaited holiday into a nightmare. Our Foreign & Travel Law Department personal injury solicitors can help you recover compensation after an accident on holiday.
If your holiday was a package holiday – one in which your travel and accommodation was booked at the same time as a package – and you had an accident on holiday, you may well be able to bring a claim against the holiday company in the Scottish courts.
It will be necessary to show that the accident was caused by the fault of the holiday company or of someone acting on their behalf such as a member of hotel staff or a coach driver.
Determining fault for holiday accident claims
Although the holiday accident claim can be brought in Scotland, our courts, in deciding whether someone was at fault, will apply the standards prevailing in the country where the holiday accident occurred.
Local standards can be lower, sometimes much lower, than in the UK and that may make it difficult to recover compensation.
If you were injured while taking part in an excursion or activity off the hotel premises, it may be possible to bring a holiday accident claim against the holiday company in this country provided that the excursion or activity was pre-booked with the holiday.
If you booked the travel and accommodation elements separately any holiday injury claim would have to be made directly against the party who caused the accident in the foreign country.
Digby Brown has access to foreign solicitors
As members of the Pan-European Organisation of Personal injury Lawyers (PEOPIL) and the American Association for Justice (AAJ) we have access to a global network of specialist personal injury lawyers who can help us to help you.
Largest firm of personal injury solicitors
Digby Brown is today Scotland’s largest specialist personal injury practice. We are rated Band 1 by the leading independent publications, Chambers Guide to the UK Legal Profession and Legal 500.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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