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HOLIDAY ILLNESS CLAIMS

If you have suffered an illness whilst on an on all-inclusive holiday (including a cruise) that you booked through a UK tour operator, you could be entitled to claim compensation for food poisoning and other types of holiday sickness.

UK tour operators such as Thompson, Thomas Cook, Jet2, Virgin holidays etc are bound by The Package Travel, Package Holidays and Package Tour Regulations 1992 meaning your holiday is covered by British legislation. This legislation covers the standard of food and conditions within your hotel or cruise ship.

In order to claim for holiday illness, your illness must have been caused by the hotel or tour operator.

To assist with your case, we would advise you to keep a record of symptoms you have suffered and take a photograph of any unsanitary conditions you witness within your hotel such as unhygienic conditions, food left uncovered or poorly maintained facilities. This is not necessary to make a claim however it will assist in proving negligence against the hotel or tour operator.

You can also pursue a claim if you were not on an all-inclusive holiday, one of our holiday sickness lawyers will advise you further on whether you are eligible to claim in this instance.

How do I know if I am eligible to pursue a case?

Common symptoms suffered as a result of a holiday illness are as follows:

If you have suffered with one or more of the above symptoms over a period of 5 days or more then you will have grounds to pursue a case. It helps to prove your case if the illness has been reported to the hotel or your holiday rep. It will also help if you have records of visiting a doctor or even hospitalisation however this is not essential.

How much is my case worth?

There are guidelines which provide assistance in valuing cases. The longer you were suffering with your illness the more you are likely to be awarded.

If you were suffering from mild food poisoning with symptoms such as vomiting and diarrhoea for several days up to a few weeks, the guidelines value these injuries at around £737 – £3,190.

If your illness required hospital treatment for a few days where your bowel function was affected, you would be entitled to between £3,190 – £7,700. To achieve the higher end of this bracket, your symptoms would have to be persistent for at least a few weeks.

In the event you sustained internal damage as a result of the food poisoning you could be entitled to £4,730 – £15,000 in cases where the effects were long lasting.

In the more serious cases whereby you are suffering from lifelong conditions such as irritable bowel syndrome then you could be entitled to up to £42,460.

Time Limits

As this type of case would come under personal injury, you have three years from the date of the illness or the date you turned 18 if you were under 18 at the time to make a claim for compensation.

What to do next

If you think you are eligible to pursue a holiday illness claim, please contact our office on 0151 203 1104 and one of our specially trained advisors will discuss the prospects of your case.

Alternatively, complete our ‘Start your claim today’ box on this page and a member of our team will contact you the same day.

Contact us for legal advice on 0151 203 1104 or email us at enquiries@hnksolicitors.com

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Higgs Newton Kenyon Solicitors is a trading name of UK Law Nationwide Ltd registered in England and Wales under number 08307355. Registered office, 6th Floor, Yorkshire House, 18 Chapel Street, Liverpool, L3 9AG. A list of directors is open for inspection at the registered officer. Any reference to a "Partner" is in reference to a Director or Shareholder of the company. Regulated by the Solicitors Regulation Authority under number 573571. Previously trading as UK Law Solicitors.

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