TUI Thomsons Holiday Accident Compensation Claims Guide – How Much Can I Claim? 2019 Update

You look forward to your annual getaway to the sun or to the ski slopes. You expected it to be perfect, the ideal location to relax and enjoy time away from reality. Booking with a reputable holiday company such as TUI, the brand name of the company Thomson, you would think that everything about your tailored made package holiday would be perfect.

Accident Thomson holidayBut things didn’t go according to plan. You suffered a mishap, an accident or incident that left you injured unable to enjoy your holiday as you thought it would. On returning home, you found that your injuries still linger and taking time to recover from them is costing you dearly.

As well as getting the right medical help and treatment, you may also consider claiming compensation after an accident on a Thomsons holiday. Compensation from a tour operator is one way of helping you to recoup any costs you have faced as a result of being hurt. What people don’t realise is that compensation is also a means of putting things right, to drive changes so that the same thing doesn’t happen again.

This guide is a comprehensive overview of the compensation claiming process after being hurt as a result of an accident that was not your fault. Read on or you can call our friendly team to discuss your potential personal injury compensation claim on 0800 073 8801.

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A Guide To Claiming Compensation For An Accident On A TUI Thomson Holiday

Claiming compensation after an accident on holiday is not something many claimants ever thought they would do. But accidents do and can happen, no matter where you chose to holiday or even with which company you travelled with. In this guide to claiming compensation after an accident on holiday, we take into account the types of accidents that are suffered by people on holiday, as well as issues such as who has duty of care, time limits for making personal injury compensation claims to how much compensation you could expect as part of your claim. You can, of course, contact your experts at any time to discuss the specifics of your case in more detail or you can use the live chat facility if you have any questions.

What Accidents Most Commonly Happen To Holidaymakers?

The idea behind a holiday is to relax and enjoy time away from ‘normal’, everyday life. However, accidents on holiday can and do happen. There are some accidents more common than others;

  • Slips, trips and falls – being unfamiliar with the area as well as buildings you are visiting and so on, can lead to slips trips and falls. However, some of these accidents are also associated with our more relaxed state. When we are relaxed, we become less inhibited and so some of the things we do on holiday, we would never normally do at home! The heat and alcohol consumption can also be a factor in slips, trips and falls on holiday.
  • Sunburn and heatstroke – no one sets out to suffer sunburn or heatstroke, which comes on quickly and if severe enough, can be so serious hospital treatment is needed. Remembering to wear plenty of sunblock and to stay hydrated should keep both sunburn and heatstroke at bay.
  • Road accidents – in the UK, we have some of the safest roads in Europe and in fact, across the globe. Other countries don’t have the same high standard of driving or adequate road systems. This can lead to accidents, especially when you add our unfamiliarity with road networks or public transport abroad.
  • Food poisoning – again, we have high standards of hygiene in this country and yet we still hear of food poisoning cases. Cross-contamination happens quickly and in a hotel abroad where hygiene standards may not as high as our own, it may be possible to suffer food poisoning. From an upset stomach to more serious cases of food poisoning, the NHS has ten tips on you can best avoid an illness that can ruin your holiday from the first day.
  • Holiday activities – from parasailing over the Mediterranean to taking on whitewater rapids in a kayak, there are many fun and thrilling holiday activities you may decide to try. But they are not always as safe as you think. Injuries from holiday activities are common personal injury compensation claims, leading to injuries that can, in some cases, be life-changing.

What Injuries Do Holidaymakers Most Commonly Suffer?

With an accident comes injury, with some types of accidents leading to certain kinds of injuries with some being more common than others;

  • Whiplash – an injury commonly associated with car accidents, whiplash is the result of the head and neck being whipped backwards and forward quickly and with some force. It is not an injury that only results from car accidents. Diving into a pool that you thought was deeper, slipping on a wet hotel floor or another type of accident on holiday that comes with an impact can lead to whiplash.
  • Broken bones – fractures can be simple or they can be complex breaks requiring surgery to re-set the bones. They are common injuries when the accident has a severe impact on a certain part of the body. As well as slips, trips and falls, broken bones can be the result of a holiday activity ‘gone wrong’.
  • Food poisoning – we’ve already covered how this can be a common occurrence when dining abroad. Whilst food poisoning can mean an upset stomach, it can also mean many weeks, even months of recovery after a particularly bad bout of food poisoning.
  • Head injury – a head injury can result from any kind of accident in which the head takes a severe knock. It could be as a result of a road traffic accident on holiday or a fall. Some head injuries have an impact that lasts for a long time, taking months to fully recover.

Just like accidents at home, the range of injuries from common holiday accidents are many and varied.

What Duty Of Care Do Holiday Companies Owe Travellers?

In order to make a personal injury claim of any kind, there needs to have been a failure in the duty of care owed to you by someone else. If you have suffered an injury after an accident on a Thomsons holiday, you will need to show that TUI or Thomson had a duty of care to you and this was breached, leading to you being hurt.

When you bought your package holiday, you entered into a contract with Thomson. As part of this agreement, there are certain duties and obligations on the part of Thomson, the tour operator. The Package Travel, Package Holidays and Package Tour regulations 1992 impose further conditions on Thomson.

Generally speaking, they must provide you with the service that is expected of them and any suppliers they use, such as the hotel, designated transport provider and so on. If any of this breaks down, it could be seen a breach in the duty of care, especially if you were injured and may be liable to pay compensation.

However, claimants are often unsure if they are entitled to compensation after being hurt or ill on holiday. If you are unsure of your legal rights, you can contact the team at Accidents Claims too.

Package Holiday Accident Compensation Time Limits Explained

All personal injury compensation claims are subject to a deadline or a time limit within which time someone must make their claims for compensation. The same rules regarding the personal injury compensation deadline apply to those seeking compensation after being hurt on a holiday booked with tour operators Thomson.

The three-year window within which time a claimant can make a compensation claim starts from the date it can be reasonably assumed that the injuries were caused by the accident or incident on holiday. In most cases, this start date will be clear – it will be the date of the accident in which you were hurt, for example.

In other cases, the deadline starts from the date you were given the diagnosis of your illness and that it can be reasonably assumed your illness was as a direct result of an incident on your holiday.

What is also important is understanding that the sooner you make your case for compensation, the better. This is because it is easier for your personal injury lawyer to gather evidence to back your claim and case for a settlement from Thomson. Depending on the complexity of your claim, it can sometimes take months or years in the case of serious injury, to successfully resolve a claim for personal injury compensation.

Package Holiday Accident Claims Against Your Thomson Hotel

Claims for compensation are not made against Thomson, but against other tour operators too. There is an expectation that Thomson will work closely with its suppliers, including hoteliers, to ensure that accommodation is clean and safe for its customers to use. When this isn’t the case, you may have been injured whilst staying at a Thomson hotel and you could claim compensation.

  • Slips, trips and falls – are possibly the most common accident in a hotel. They result from a variety of factors from being unfamiliar with the hotel to floors being left wet and slippery. The results can be bruising to sprained ligaments or even broken bones, as well as issues with the spine or whiplash.
  • Food poisoning – eating a variety of different foods can lead to an unsettled stomach but when you suffer from cramps, nausea and sweating, as well as other symptoms, you may be suffering from food poisoning. Cross-contamination happens quickly in food prep area but also when hotels cater for their customers with buffets, flies can land on food, leading germs and pathogens to be spread. Genuine food poisoning cases can be the subject of personal injury compensation claims.
  • Swimming pool accidents – everywhere in the hotel should be safe for you to use and providing you following any reasonable rules, injury as a result of an accident could be due compensation. Slipping on a wet floor or the equipment around the pool not being up to standard can lead to a compensation claim.

These are just three examples of accidents at Thomson hotels that could result in injury and a personal injury compensation claim.

Package Holiday Road Traffic And Car Crash Accidents

Road traffic and car crashes happen on all roads, and not just in the UK. You may think that because your accident was abroad that claiming compensation for personal injury is difficult. But there is one piece of EU legislation that helps UK holidaymakers involved in road traffic collisions.

Injuries can be life-changing, no matter where the road traffic accident happened. In the EU, powerful and pro-consumer legislation allows the not-at-fault party to pursue a claim against the at-fault motorist in the injured person’s own country.

In other words, once you return home, providing you are within the three-year deadline, you can submit your claim for compensation in your own country. This means accessing a legal system you may be more familiar with, use UK personal injury lawyers and medical examiners. This applies not just to drivers of vehicles but passengers and pedestrians too. It also applies to accidents involving cars, taxis, motorbikes, buses, coaches and bicycle accidents.

If you have been involved in a road traffic accident abroad, it is important you know what to do, especially in terms of who and how evidence and collected.

Food Poisoning, Accidents, And Injuries In Restaurants

Food poisoning results when food is not stored, prepared or cooked correctly. Consuming contaminated food in a restaurant or hotel whilst on holiday can lead to a case of food poisoning.

Food that isn’t cooked properly or kept at a temperature that allows and accelerates the growth of bacteria, along with foodstuffs being mixed result in food poisoning that can be uncomfortable at best but leaves people with ongoing issues at the other end of the scale.

It isn’t just food – ice cubes made from unsafe water could be contaminating the drinks that are being served at the restaurant or hotel bar, for example. It is also possible that poor hygiene and maintenance of swimming pools and surrounding areas, as well as inadequate levels of chlorine in the pools and poorly maintained air conditioning unit can also lead to similar illnesses.

Food poisoning is an umbrella term used to describe specific illnesses caused by certain pathogens found in contaminated food and water;

  • Salmonella is found in contaminated poultry
  • Campylobacter is a common cause of many food-related illnesses. It is a bacterium that results when raw and cooked food is
  • Ecoli is a strain that can be found in food and a different set of bacteria causes E-coli when it is water-borne. It can be very dangerous to health.
  • Typhoid is contracted from contaminated food or water.

It is not uncommon for large groups of holidaymakers to suffer from food poisoning all at the same time.

How Can I Support My Thomson Package Holiday Claim With Evidence?

To make a personal injury claim after an accident on a Thomsons holiday, your personal injury lawyer will need evidence to back up your claim. There are several ways of doing this;

  • Submit a complaint – you need to tell Thompson about your accident and submit a complaint about your holiday.
  • Take photos – taking photos of the accident, the conditions of the hotel and so on, can all help to paint a background picture of what the holiday was like and so on.
  • Witness contact details – witnesses can provide independent evidence of what happened and what contributed to your holiday accident that led to your injuries.
  • Medical treatment – if you were hurt, seek medical help as soon as you can. Your local Thomson rep will be able to help see medical treatment at your hotel and see your own doctor when you return home.

If I Make A Personal Injury Claim, What Can I Include In It?

Compensation settlements cover costs and other financial implications of being hurt. Your personal injury solicitor will be able to help you with details specific to your case but generally speaking, a compensation settlement would take into account;

  • General damages – this is the part of the settlement that relates specifically to the personal injuries you received as a result of your accident.
  • Medical expenses – if you found you had medical costs that needed to be covered as a result of your injury, you could claim them back.
  • Travel costs – from taxi costs to and from appointments to other kids of travel costs, you can recoup these too.
  • Care claims – if you needed personal care or extra care in looking after your children, for example, you could also claim these back as part of your settlement.
  • Loss of earnings – if you feel your earning potential has been hit by the accident and your injuries, you could claim this too but again, your personal injury lawyer will help.

Thomsons Holiday Accident Compensation Calculator

There is considerable legislation that supports compensation claims for personal injury, as well as a set of figures that acts as a guide to how much claimants could pursue as part of their settlement.

Injuries TypesBallpark PayoutNotes
Less severe brain injury£12,210 to £34,330This is categorised as when a claimant has suffered a brain injury but is expected to return to ‘normal’ life once their injury has healed. The upper end of the scale is awarded in cases where there are residual differences such as in the case of a personality change.
Food poisoning£3,150 to £7,600This is not the most severe case of food poisoning but may have resulted in the claimant being hospitalised as a result of a bad bout of food poisoning.
Acute food poisoning£30,630 to £41,860This would be awarded in cases where the food poisoning was so acute an serious that the claimant is left with residual issues, such as problems with the digestive systems.
Bladder injuries£18,660 to £24,950It is not uncommon for some bacteria and pathogens to damage the kidneys, bowels and the bladder. This level of award is when the bladder has been severely affected as a result of an accident or incident such as food poisoning.
Minor neck injury£3,470 to £6,290Neck injuries can result from a slip, trip or fall or being in a car or road traffic accident. This level of award is when the injury is minor but severe enough to require ongoing treatment for up to two years.
Fractured collarbone£4,110 to £9,760An injury that can result from a fall. The upper end of the award would be for when there are residual pain and issues that need to be dealt with.

This provides just a glimpse of some of the injuries and awards that could be made. To find out more, discuss your specific case with your personal injury lawyer.

No Win No Fee Claims For An Accident On A Thomsons Holiday

No win no fee ensures that you have the ability to make a claim without taking unnecessary financial risks. It brings several benefits;

  • If you don’t win your case, you won’t be liable for fees and costs which can mount up into their thousands.
  • A personal injury lawyer offering their services on a no win no fee basis will more than likely have a robust assessment process and will only usually progress your claim if they rate chances of success for your case as high.

But it doesn’t mean that you won’t pay if you are successful in your claim. And that’s why you need to check how your chosen injury lawyer offers their services and the level of fees they will charge.

Why Should You Claim For An Accident On A Thomsons Holiday With Us?

We are an established company who have many years of helping people through the process of finding a no win no fee personal injury lawyer with the specialist skills they need to make their claim for compensation. We offer a claim line that is open every hour of the day and night, and throughout the year. We have an unyielding commitment to all our customers and that means you get the best service from beginning to end.

How To Contact Our Experts

You can contact us for more information or if you are ready to start your claim, you can do so by;

Further Helpful Resources

We have a range of other guides and articles that will be informative and of benefit as your research claiming after an accident on your holiday:

Claim for a fractured or broken bone? – Broken bones can be intensely problematic. Find out about claiming for these here.

Making a compensation claim after a car accident. You may also be interested in our guide to making a compensation claim after a car accident.