Holiday Illness Compensation Claim - How Much will you get for being Ill on Holiday Abroad?

Most people are surprised at how much compensation they can claim for food poisoning on holiday or an illness caused by, for example, a dirty swimming pool.

We always advise anyone who has been ill on holiday abroad to take legal advice before accepting any offers of settlement put forward by a tour operator. Tour operators are notorious for trying to settle holiday illness compensation claims for a pittance.

You should be able to work out approximately how much compensation your holiday illness claim is worth by using the information provided below.

Pain and Suffering

How much compensation you can expect to receive for your pain and suffering depends on the severity of your illness.

Claims for illness abroad range dramatically but as a rule of thumb and illness lasting more than 7 days you can expect to attract an award starting from £1,000 just for pain and suffering.

The Judicial Studies Guidelines are referred to by the courts and provide an indication of the lump sum a person can expect to be awarded for their illness. In 2011 the Guidelines for food poisoning which apply to foreign holiday illness compensation claims are:

• £24,500 - £33,500 – food poisoning which has a significant effect on the individual's domestic and social life and impacts on their work. This is the most severe type of food poisoning and the individual will have required hospital admittance for a lengthy period of time. The individual is likely to have developed a secondary condition such as irritable bowel syndrome – reactive arthritis – hemorrhoids and possibly incontinence.
• £6,150 to £12,250 – food poisoning, such as salmonella, which resolves usually after four weeks but leaves some symptoms lasting typically a few years. The individual may suffer from bloating, irregular bowel movements and find they have an intolerance to certain foods.
• £2,500 to £6,150 – a complete recovery from food poisoning within two years. The individual is likely to have been admitted to hospital for a couple of days and will have suffered symptoms including painful stomach cramps – significant changes to bowel habits and lethargy.
• £600 to £2,500 – the individual may have suffered from severe stomach cramps and profuse diarrhoea for a number of days but will have made a full recovery within four to six weeks.

Financial Loss and Out of Pocket Expenses

Often people who suffer illness during a foreign holiday cannot return to work because their symptoms may be too acute.

People who work with, for example, the elderly, infirm or children or perhaps work in the catering industry will not be permitted to return to work if they have contracted an infection such as Salmonella – Campylobacter – Shigella – E Coli or Cryptosporidium.

Your GP will notify the Environmental Health Department who will contact you to advise you about your illness and find out where the source was – the illness mentioned above are communicable and can be passed from person to person.

You may therefore find that your illness has cost you a lot of money.

You can claim all your past losses and future losses back when you make a holiday illness compensation claim. Though not limited holiday illness compensation claims may include:

• Loss of Past Earnings – You can claim any pay you have lost because you were ill
• Loss of Future Earnings – You can claim any pay you will lose because your illness prevents you from working or restricts your ability to work in the future
• Expenses – You can recover for out of pocket expenses such as a holiday travel insurance policy excess – foreign and UK medical bills and other money you have paid because you were ill on holiday
• Holiday Cost – You can claim back a proportion of the cost of your holiday if it was ruined because you or a family member suffered an illness
• Holiday Enjoyment – You are allowed by law to claim compensation because you did not enjoy your holiday because you or a family member was ill
• Care – Your illness may leave you unable to do day to day chores such as shopping, cleaning, etc. The law allows claims for notional compensation to be made for care provided by family and friends

You can contact our Specialist Holiday Illness Compensation Lawyers to gain further information on just how much compensation you could receive for your claim.

Freephone: 0808 145 1353 or drop us a line using the form above

Top Tips

• Keep all the receipts you are given for medical treatment and other expenses you incur
• Do not accept any offer of compensation for your holiday illness made by a tour operator without taking legal advice
• Tour operators will undervalue value your claim or try to buy it off with vouchers – once accepted these offers are usually binding
• Legal advice will cost you nothing if you approach reputable Holiday Claims Solicitors

Example: A client who suffered an injury during a holiday in Mexico was offered £1000 by her tour operator. After approaching Simpson Millar's specialist Holiday Claims Solicitors she received £10,000 in compensation.

Free Holiday Illness Compensation Claims Advice

If you would like to know more about how much compensation your holiday compensation claim could be worth speak to one of our dedicated Holiday Illness Compensation Claims Solicitors today. You could be surprised at just how much your holiday illness claim could be worth.

When finding out about how much your holiday illness compensation claim could be worth remember to quote "claim250".

Freephone: 0808 145 1353 or drop us a line using the form above

Useful Links:

• No Win No Fee Claims

Author: Nick Harris, Head of International Travel Law