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Avoid instructing the wrong holiday accident solicitor

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  • First £1000 of your compensation is exempt from the success fee
  • Our success fee capped at 25% of any compensation recovered
  • Simpson Millar LLP are well established holiday lawyers pursuing claims for injured holidaymakers

The last thing that anyone wants when they travel on holiday is to be involved in an accident and to become injured. However through no fault of their own, many people are impacted by holiday accidents whist abroad.

How much does a holiday compensation claim cost

In many circumstances, a person that is injured abroad can bring a personal injury claim in the UK. There are complexities and potential pitfalls in pursuing overseas accident claims which means that it is usually wise for a person that is planning to bring a claim to consult a specialist holiday accident solicitor or travel lawyer.

But with a number of law firms now claiming to specialise in holiday accident claims, what things should an injured holidaymaker or traveller consider when seeking legal advice and why should an injured person consider choosing Simpson Millar LLP to assist them with their claim for compensation?

Experience

There are now more law firms than ever claiming to have solicitors that specialise in holiday accidents, but how much experience do these firms actually have and what have they been doing in recent years?

Simpson Millar LLP’s well established holiday lawyers have been actively pursuing claims for injured holidaymakers and have already secured compensation for thousands for holidaymakers by bringing personal injury claims against tour operators and overseas insurers. See our case studies to see how we helped.

As can be seen from their profiles, the Simpson Millar LLP Holiday Claims Team deal purely and exclusively with overseas legal matters.

This means that once a claim is accepted, it is dealt with by someone that is a genuine holiday and travel law specialist and that has the relevant skills and experience to bring your claim. Your claim will not be delegated to someone whose legal experience lies in another area of law, such as conveyancing, giving you the best possible chance of bringing a successful claim in this unique and ever changing area of law.

Costs

Understandably people want to know how much bringing a claim will cost them and whilst some firms may make various promises on their websites and offer no win no fee funding, very few provide a full explanation as to what is involved.

“No win no fee” agreements typically mean that your own solicitor will not charge you if your claim is unsuccessful – but what happens at the end of the case if you win and will you have to pay the other side’s legal costs if your claim is unsuccessful?

How much will I get for holiday claim

Due to changes in the legal system that became effective in 2013, “no win no fee” agreements no longer work in the same way that they used to and Simpson Millar LLP believe that it is important to explain all of the factors that contribute to making a such claims.

Simpson Millar LLP’s funding agreements are explained in an open and honest way as detailed and made public for all to see here. In our experience, very few firms will openly explain the details of their funding arrangements on their websites.

Beware Solicitors that state that “No win fee” means that “there is no financial risk”

A “no win no fee” agreement typically states that your solicitor will not charge you if your claim is unsuccessful but, what about the other side’s fees? In England, the general legal principal is that the losing party pays the winning party’s legal costs. Therefore, if you make a claim against a third party (for example a large tour operator such as Thomas Cook) and the claim is unsuccessful, if unprotected, you could be liable to pay their legal costs which are likely to be many thousands of pounds in most accident claims.

Due to having a highly successful and long standing track record, Simpson Millar can arrange costs protection insurance with a third party that ONLY has to be paid at the end of the case if your claim is successful and which will cover the other side’s costs AND its own premium if the claim is unsuccessful. This means that the claim can proceed with peace of mind without anything being charged upfront.

Simpson Millar LLP would advise holidaymakers to be cautious about instructing a solicitor that does not explain the importance of insurance on its website yet appears to offer a “risk free” service.

The Shortfall Trap

When a “no win no fee” holiday accident claim is successful it is common for solicitors to take a success fee from the compensation recovered. There are limits as to how much this can be and the solicitor should explain this at the outset.

Simpson Millar LLP will charge a success fee of no more than 25% of any compensation recovered and will make the first £1000 that is recovered exempt from the success fee. Of course, the success free provides an incentive to the solicitor to recover as much compensation as possible and the motives of any firm that claim not to charge a success fee should be questioned.

Accident and injury compensation for injury on holiday

Some firms however may have small print in their agreement paperwork that allows them to take extra money from you if they fail to recover their basic costs from the other side. This means that in addition to a success fee, you could receive a surprise bill from your solicitor at the end of the case asking you to pay a costs “shortfall”.

Simpson Millar’s Holiday claims team promise not to charge for any such “shortfall” when making a holiday accident or holiday illness claim and would recommend that anyone bringing holiday accident claim to check this with their solicitor prior to signing any paperwork.

Openness and Honesty

Simpson Millar’s holiday claims solicitors operate a policy of openness and honesty and are not afraid to make the experience of its lawyer’s or the terms of its funding agreements public. Free consultations with an experienced holiday accident claims lawyer are available where any questions can be asked and answered.

Get in touch for a chat about how we can help you by filling in our quick, no obligation enquiry form and we will call you back or you can call us directly on 0808 145 1353.

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