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compensation following an accident
illness or injury - nationwide
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A 100 percent compensation award paid by a tour operator for holiday accident injuries sustained by a holidaymaker will include more than sums for the pain and distress of injury, medical expenses, loss of capacity and loss earnings.
This is because the calculation of damages will include sums for the "diminution in value" of the holiday. Also known as "loss of bargain" this component of an award will account for the difference between the level of service and comfort promised by the tour operator and that which was actually delivered. Naturally, in cases of holiday accident injury, there is likely to be a wide disparity between what has been promised and what has actually been delivered.
Another component to tour operator compensation is what is termed as "loss of enjoyment". This describes the distress, upset and inconvenience caused by negligent failings during the holiday.
A spokesperson from no win, no fee specialist YouClaim comments, "These two components of holiday injury payouts are perhaps not the most significant, but they are still worthy of serious consideration in the calculation of a settlement.
"In cases where the claimant has paid a larger sum for a holiday, this will be reflected in the calculation of sums for loss of bargain and loss of enjoyment.
"And it may be that there are further aspects to consider when calculating a payout for damages. For example, it may be that the injured party or parties have had to pay added and unexpected travel expenses.
"If these expenses stem from circumstances caused by the negligent act, it is likely that these will be factored into the total compensation award.
"Of course, these expenses must be "reasonable", meaning that they should be neither excessive nor unnecessary. However, in the event of traumatic injury, such costs can become very high and, in deserving cases, this should be understood by the defendant insurance company."
Claim compensation for holiday accident injury
The personal injury solicitors on our panel specialise in a broad range of cases, including hotel and restaurant food poisoning, tour operator-attributable holiday accidents, and overseas road accidents.
We strive to maximise the compensation settlements of all our holiday injury litigation claimants, whether they have suffered injury here in the UK or in other countries, such as Bulgaria, Spain, France or Turkey.
We also work for claimants injured in accidents outside of Europe, whether in Egypt, the Dominican Republic or another country.
To speak with a legal advisor about our completely charge-free personal injury litigation service call us today, on 0800 10 757 95.
Alternatively, use our echat window or complete a call back form.
