Introduction
A recent change in European law may mean a change to the way compensation claims are processed for injuries suffered abroad and the amount of compensation awarded.
Up until now holiday makers and travelers abroad have been able to claim compensation under English law with the convenience of being able to instruct UK based solicitors to pursue their claims through the English legal process.
It was confirmed last week by senior judges that injury claims as a result of an incident abroad, which took place before January 2009, will now be processed according to the laws of the country where the incident occurred.
The impact on compensation claims
It is likely that this change in legislation will mean smaller payouts for Brits injured abroad. The process of claiming for injuries suffered in incidents such as car crashes, outdoor pursuits, slips at the pool and food poisoning is expected to take longer and be fraught with difficulties.
Depending on the country involved the amount of compensation received could be a fraction of the level of compensation due as a matter of course in the UK. There are many reasons for this, which for example, includes countries where the cost of living is low and payouts are correspondingly low and countries who have a more generous social security system that offsets the need for higher care and rehabilitation costs.
The costs of making the claim may also end up being higher with the possibility of restricted choice in legal representation and additional difficulties will include language problems, lack of local knowledge, cultural differences and the complications of disparate legal systems.
The impact on claimants
Statistics from the Foreign Office for 2010-2011 highlight that over 3700 British citizens were hospitalised as the result of an injury abroad and required the help of Foreign Office staff.
The British Courts have still to interpret the provisions of the new regulations but it is thought that the majority of compensation claims for injuries sustained abroad will now have to be processed in the country of incident.
This could put Britons at a disadvantage depending on the country involved and may mean that victims, particularly in the more serious claims cases, receive inadequate awards to fund living expenses, medical treatment and long term rehabilitation and specialist care services.
Seek expert advice
If you have been injured or become unwell through an incident whilst on holiday or working abroad then you should still consider contacting a UK based injury compensation solicitor in the first instance.
This will help you to determine in the first place whether or not the claim can be processed in the UK or has to be undertaken in the country where the injury took place.
If the claim has to be pursued outside the UK then an experienced and professional injury claims solicitor should be able to:
- advise on the important actions to be take, or;
- assist with introductions to legal representation and the appropriate authorities in the country concerned or;
- handle the claim on your behalf through commercial relationships and associations already established
Either way the process of claiming compensation for an injury abroad has now changed and will be more difficult than before. It is therefore sensible to seek experienced legal advice in the first instance before considering a claim.