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Accident & Illness Abroad Claims

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Compensation Claims Abroad

Accidents or illnesses while abroad can be distressing and overwhelming. Whether you’re suffering from food poisoning, a road traffic accident, or an injury during a package tour, seeking compensation can feel like a daunting task. However, Thompsons Solicitors specialises in the claim process for injury abroad, providing expert legal assistance to help you secure compensation.

We’ve helped countless clients who have faced unexpected mishaps abroad, ensuring they get the compensation they deserve for pain, suffering, and financial loss.

Package Holiday Claims

When you book a package holiday, you expect to relax and enjoy your time away. Unfortunately, accidents can happen, and when they do, you may be entitled to compensation under the Package Travel, Package Holidays, and Package Tour Regulations 1992. These regulations apply when you book at least two components (such as accommodation, transport, or other services) as part of a package holiday. Even if you’ve chosen a tailor-made holiday by selecting your own flights and accommodation, you may still be covered by these regulations as long as the booking was made together and paid for as a package.

The Package Travel Regulations are vital when it comes to protecting your rights after an accident or illness. Under these regulations, the tour operator is responsible for ensuring that all parts of your holiday meet acceptable safety and health standards. This means that if you suffer an injury or illness due to negligence by the hotel, transportation provider, or another component of the package, the tour operator can be held liable.

If you’ve experienced an injury or illness while on a package holiday, it’s important to act quickly and seek legal advice. Thompsons Solicitors is experienced in tour operator responsibility claims and will help you understand your rights, gather evidence, and navigate the complex process of claiming compensation. By handling all the legal work for you, we ensure you can focus on your recovery.

Road Traffic Accidents Abroad Claims

If you’ve been injured in a road traffic accident abroad, claiming compensation can be challenging, especially when dealing with foreign laws, languages, and healthcare systems. However, Thompsons Solicitors has extensive experience handling road traffic accidents abroad claims and can guide you through the process.

When a road traffic accident occurs as part of a package holiday, it can often be included under the Package Travel Regulations, making it easier to claim compensation. Whether the accident happened during a pre-arranged excursion, on a shuttle bus, or while travelling between destinations, the tour operator may be responsible.

In addition, the Green Card Scheme provides further protection for drivers and passengers involved in accidents across certain countries. The Green Card serves as proof that the minimum third-party liability insurance requirements are met, and it’s recognized in 47 countries. If you’re involved in a road traffic accident in a country covered by the Green Card Scheme, Thompsons can help you navigate the insurance and legal systems, ensuring that your rights are protected.

Injuries from road traffic accidents abroad can range from minor whiplash to serious, life-changing injuries. Regardless of the severity, Thompsons will help you secure compensation for medical expenses, lost earnings, rehabilitation costs, and pain and suffering. With our experience and knowledge of foreign legal systems, we can help you recover from the financial impact of an accident abroad.

Illness Claims Abroad

It’s not uncommon for holidaymakers to suffer from illnesses while abroad, and illness claims abroad are a significant part of the work we do at Thompsons Solicitors. Common causes of illness on holiday include poor food hygiene in hotels and restaurants, contaminated swimming pools, or unsanitary accommodation. Some of the most common illnesses include food poisoning, stomach bugs, and viral infections such as norovirus.

Resorts in popular destinations such as Egypt, Turkey, Spain, and the Dominican Republic are frequently involved in illness claims abroad. Cruise ships are another hotspot for gastric illnesses, with close quarters and shared dining facilities making it easy for diseases like norovirus to spread quickly. These illnesses can not only ruin your holiday but also lead to long-term health issues.

If you’ve suffered from an illness caused by poor hygiene or negligence on your holiday, you may be eligible to claim compensation. Under the Package Travel Regulations, you can pursue compensation from the tour operator, provided your holiday was booked as part of a package. This applies whether the illness was caused by contaminated food, unsanitary conditions, or any other factor that falls under the tour operator's responsibility.

At Thompsons, we specialise in handling illness claims abroad and will guide you through the entire claims process, from gathering evidence to negotiating with the responsible parties. Our goal is to ensure that you are compensated for your suffering, medical costs, and any financial losses resulting from your illness.

Tour Operator Responsibility Claims

When you book a holiday through a tour operator, they have a responsibility to ensure your safety. Whether it’s checking the safety standards of accommodation, organising safe transportation, or ensuring that any excursions or activities are safe, the tour operator is liable if they fail to meet these obligations. If you’re injured or fall ill due to negligence by the tour operator or their partners, you may be entitled to make tour operator responsibility claims.

In the case of Hone v Going Places, the court highlighted that while tour operators are not automatically liable for every incident, they must act with reasonable care and skill. If they fail to do so, and an injury or illness occurs as a result, they can be held liable for the damages. This means that for a claim to be successful, it must be proven that the injury was caused by a failure to properly perform the contract.

At Thompsons, we have extensive experience with tour operator responsibility claims. Our team of expert solicitors will help you gather the necessary evidence to prove that your tour operator failed to meet their obligations, and we will fight to ensure you receive the compensation you deserve.

Time Limits for Foreign Claims

When pursuing the claim process for injury abroad, it’s essential to be aware of the time limits for foreign claims. In Scotland, personal injury claims must typically be made within three years of the date of the accident or illness. However, time limits in other countries may be much shorter. For example, in Spain, the limitation period for accident claims is only one year. It’s crucial to seek legal advice as soon as possible to avoid missing these deadlines.

In cases where the injury or illness wasn’t immediately apparent—such as exposure to harmful substances—the three-year limit begins from the date of diagnosis rather than the date of exposure. This rule applies to conditions like asbestos-related illnesses, where the symptoms may not appear until years after the initial exposure.

If you’ve suffered an injury or illness abroad, Thompsons Solicitors can help you understand the specific time limits for foreign claims in your case. By acting quickly, you increase your chances of a successful claim and ensure that all necessary evidence is gathered before it’s too late.

Holiday Illness Claims FAQ's

At Thompsons Solicitors, we frequently receive questions from clients pursuing holiday illness claims. Here are some of the most common questions and answers:

Tour operators are responsible for selecting clean, safe venues for their customers – that’s what you’re paying for, after all. Many common holiday illnesses are avoidable if good food hygiene procedures are followed, but sadly this doesn’t always happen. Your tour operator can be held responsible for your health and safety during your holiday. If they fail in their obligations to you, and you become sick as a result, you may be entitled to compensation.

If you suffer an illness abroad because of your hotel or service provider’s negligence, you can claim compensation for your own illness. You can also act on behalf of your children under the age of 16, and anyone who lacks the capacity to manage their own legal case. In the unfortunate event of a friend or family member dying as a result of a serious illness contracted abroad, you may act on their behalf as a ‘litigation friend’. If you booked an all-inclusive package holiday, you are protected by the Package Travel Regulations 1992. The Regulations impose a duty on your tour operator to ensure the services provided to you as part of your holiday contract are supplied to a reasonable standard.

Your holiday is only protected by the Regulations if it can be defined as an all-inclusive package holiday. In simple terms, a package holiday:

  • is sold at an inclusive price,
  • consists of at least two of the following: transport, accommodation, and tourist services forming a significant part of the package (for example, car hire)
  • lasts at least 24 hours or involves an overnight stay

Your confirmation invoice should make it clear whether or not you booked a package holiday. Our personal injury solicitors can advise you if you are unsure.

Yes. However, you do not have the same level of legal protection. If you do not book a package holiday and something goes wrong, you can only pursue the provider of the service in question. So, for example, if you suffer food poisoning after consuming food within the hotel, you can pursue the hotelier. These claims are much harder to pursue as they are subject to the law of the country you visited. The laws of negligence and local standards vary considerably, and these claims are often more expensive to pursue than the level of compensation obtainable. If you did not book a package holiday, our solicitors can advise you of your options.

A tour operator offers holiday and activities abroad to their customers. They put together the travel and accommodation elements of your holiday. You can book with a tour operator by visiting a travel agency or booking online. Widely-known tour operators include Thomson and Jet2 Holidays. A travel agent offers a means for the customer to find and book a holiday best suited to their needs and budget. The travel agent, however, is not responsible for the holiday once it is booked and paid for. This responsibility lies with your tour operator.

Contaminated food causes food poisoning. Food can become contaminated at any stage during storage, handling, cooking and serving. Common causes include:

  • Touching food without washing hands, particularly if the operative is unwell
  • Undercooked food – particularly meat
  • Storing food at incorrect temperatures
  • Eating food after its expiration date
  • Spreading bacteria between foods, or cross-contamination

Always make your holiday rep and the hotel staff are aware of any concerns. Make sure your concerns are noted in writing.

Although food poisoning is often not serious and improves on its own without antibiotics or other treatment, it is extremely uncomfortable and distressing. The main symptoms include:

  • Nausea and/or vomiting
  • Diarrhoea
  • Stomach pain
  • Aching muscles
  • Chills and/or a fever
  • Loss of appetite
  • Fatigue

Symptoms vary depending upon which pathogen caused your illness. You will generally notice symptoms anywhere from a few hours to one or two days after eating contaminated food, although the signs can take up to several weeks to manifest. You should drink plenty of water to keep yourself hydrated and rest until you feel better. If you have pre-existing health conditions, severe symptoms, signs of dehydration, or symptoms which do not improve after a few days, you seek medical advice. Children with suspected food poisoning should always be checked by a doctor.

Generally, a claim must be made within three years from the date of an accident or illness. However, you may have less or more time to claim depending on the circumstances. If you went on a cruise, booked anything other than a package holiday, or your child suffered from illness, your solicitor will advise you which time limits apply. We recommend you always seek legal advice as soon as possible.

No win, No Fee means you have nothing to lose by making a claim. You do not pay Thompsons anything if we cannot secure compensation for you, so you needn’t worry about how to fund your claim. If your claim is successful, we will always try to recover our fees and outlays from the other side. However, when this is not possible, we retain a portion of your compensation to cover our costs. Your solicitor will be happy to answer any questions you have about our No Win, No Fee service.

Our friendly contact centre staff will be your initial point of assistance. They will talk through your claim and take sufficient details to allow a solicitor to assess your chances of success. If we believe there is a reasonable chance of obtaining compensation for you, we will open up a file and begin our initial investigations. We must allow your tour operator a period of 6 months to consider your claim and decide whether or not they will accept liability. During this time, we will gather as much evidence as we can in support of your claim. Just as holidays vary considerably, no two claims are entirely the same. Depending on the outcome of these investigations, your solicitor will advise you what happens next.

It all depends on what we can prove, but your solicitor will be best placed to advise you once they have evaluated your claim. To ensure the best prospects of success, you should:

  1. tell your holiday rep and get your complaint confirmed in writing
  2. keep any receipts from pharmacy and doctor visits
  3. take photographs of undercooked, unsatisfactory food and any unsanitary conditions around the hotel
  4. note down names and contact details for other guests who also felt unwell, or who you told about your symptoms, if they would be happy to be contacted as witnesses.
  5. visit your GP upon returning home if you still feel unwell to ensure you get an accurate diagnosis

Compensation amounts vary on a case-by-case basis. It depends on many factors including:

  • Legal developments in the area
  • The severity of your symptoms
  • How your illness affected your holiday
  • Whether or not you had additional expenses, such as new flights or medical expenses
  • How long your illness persists after you return home, and the treatment you required

Once our solicitors have fully reviewed your claim and your prospects of success, we can advise you as to what level of compensation you may expect, but each case very much depends on its own facts.

For your own benefit, we recommend you always seek medical assistance abroad if you suffer illness. Seeking advice means you receive an accurate diagnosis and the best possible treatment. If, for whatever reason, you do not seek medical help abroad and you still feel unwell upon returning home, speak with your doctor as soon as possible to make sure you receive proper treatment. If you are recovered now and did not seek medical assistance at any time, your solicitor can advise you whether or not this may affect your claim.

Tell your holiday rep. You may be reluctant to discuss your symptoms, but remember your rep is there to offer the help you might need. Make sure to get written confirmation of your complaint, and note down any other information provided to you, such as directions to a pharmacy. If you are unhappy with how your rep handled your complaint, remember to report this to your tour operator when you get home. You can also report your illness to the hotel manager. Again, make sure they log your complaint. Be sure to ask the hotel management to confirm your complaint in writing. Upon returning home, you may want to email or write to your tour operator to see how they plan on dealing with your complaint. If you can show you gave your tour operator and/or the hotel the chance to help you while you were still on holiday, this strengthens your claim.

Once you return home, contact your tour operator in writing and tell them exactly how you felt. You can also contact the hotel. However, once you’re home, it’s easier and quicker to report your illness to your tour operator. If you complete any surveys or questionnaires before leaving the resort or upon returning home, be sure to mention your illness and how it made you feel. Any attempts you make to inform your tour operator of your illness help strengthen your claim. If you have not reported your illness to anyone, be sure to tell your solicitor so they can go over your options with you.

If you did not stay all-inclusive, then each day of your holiday you will eat food which is not protected by your booking contract. For example, if you book breakfast-only, your tour operator is not liable for food and drink consumed during lunch or dinner. You may still be able to make a claim against the hotel itself, but such claims are far from straightforward and often more expensive to pursue than the compensation available.

On an all-inclusive holiday, it is much easier to show the food included with your package made you unwell if you only ate or drank within the hotel. If you eat outside of the hotel, you are exposed to possible unsafe procedures that your tour operator has no control over. This is particularly the case if you eat outside of the hotel before becoming ill. We assess claims on a case-by-case basis. Our solicitors will discuss with you what you ate on holiday and advise if we can help.

If you went on an excursion booked with your tour operator, and the hotel provided a packed lunch, this should not affect your claim. If you consumed food or drink that was not provided by the hotel, your solicitor can advise you whether or not this will affect your claim.

Yes. Booking a package holiday generally gives you additional protection when things go wrong with, for example, your flights or hotel. We recommend taking out travel insurance for additional protection in the event you become ill or suffer injury through an activity out of your tour operator’s control. This can be, for example, sleeping in and missing your flight, or injuries on nights out. Without travel insurance, you will have to pay for assistance such as medical care and new flights if you can no longer travel home on your pre-booked flight. However, your right to claim compensation for food poisoning suffered while on an all-inclusive package holiday is generally not affected by whether or not you have travel insurance.

Cruise companies still owe you a duty of care for any illness or injury suffered while on board. If you are able to claim under the Packet Travel Regulations, your rights are very similar and you still have three years from the date of illness to claim. If you are not claiming under the Regulations, something called the Athens Convention 1974 applies to cruise claims. You only have two years from the date of illness to make a claim if the Convention applies, so our advice is to seek legal assistance as soon as possible. Our solicitors can advise you of your rights and how we can help you.

If your claim is successful, the insurers responsible for your tour operator will pay the compensation.

Making a Claim with Thompsons

At Thompsons Solicitors, we understand how overwhelming it can be to deal with the claim process for injury abroad. That’s why we are here to make the process as straightforward as possible. Whether your claim involves a road traffic accident abroad, food poisoning, or another form of negligence, we will handle every step of the legal process.

Our experienced solicitors will gather all necessary evidence, such as medical reports, witness statements, and photographs, to strengthen your case. We will liaise with the responsible parties, negotiate fair compensation, and provide ongoing support throughout the process. Whether you are seeking compensation for pain and suffering, medical expenses, or lost earnings, Thompsons will ensure you are well represented.

Why Choose Thompsons Solicitors?

At Thompsons, our commitment to justice means we always put our clients first. We only represent individuals who have suffered injury or illness, never companies or insurers. Our No Win, No Fee policy means that you don’t have to worry about upfront costs, and you only pay if we successfully win your case.

With years of experience in handling tour operator responsibility claims, road traffic accidents abroad claims, and holiday illness claims, we have a strong track record of securing the compensation our clients deserve.

If you believe you have a claim, don’t hesitate to contact Thompsons Solicitors today for expert legal advice.

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