Malta Holiday Accident Claims Guide – How To Claim Compensation For A Personal Injury In Malta?

Malta Holiday Accident And Injury Claims Advice

Holiday Accident Claims

 

 

 

Holiday accident claims in MaltaMalta is a stunningly beautiful holiday island that has strong historical and cultural links with the UK. With its beautiful scenery, gorgeous weather, and splendid beaches, it is easy to see why Malta is so attractive for British visitors. Most holidaymakers to the island have a wonderful experience, but some do not have such a good time when on holiday in Malta.

Accidents, injuries, and even illnesses on holiday could cost you a lot of money as well as lost enjoyment. This guide to claims for an accident on holiday in Malta, provides valuable information on how to claim compensation for the pain, distress and out of pocket expenses you may have incurred.

Jump To A Section

A Guide Holiday Accident Claims In Malta

Malta has a lot of offer visitors from all over the world which includes British tourists. Whilst most visitors to Malta have a great time, some people’s holidays end with an accident, injury, and illness which results in them spending the remainder of a holiday receiving medical care and treatment. This guide provides essential advice as to what you can and should do in the event of an accident or injury and illness when on holiday in Malta.

What Happens If You Are Injured Or Ill On Holiday In Malta?

When you need to make a personal injury claim for a holiday accident, the most important part of any claim is being able to show that another person or third party is responsible for the accident or injury you sustained while on holiday in Malta.

Who Is Responsible For Your Holiday Accident Or Illness?

If you were on a package holiday, and your injury or illness happened at any point during your flight, whilst in your hotel, at your holiday resort, or on an activity/excursion which was booked as part of the package holiday, the tour operator could be liable and responsible for your injury. This is because their duty of care extends to any sub-contractors and other service providers.

What Should You Do If Sick Or Injured On Holiday?

Being injured on holiday can be much more of a nightmare that suffering the same injury or illness back in the UK. Once you receive treatment required, there are things you must do which could assist a personal injury solicitor when it comes to filing a successful claim against a third party and this includes the following:

  • Record the details of your injury by getting a copy of any doctors reports or medical notes
  • Talk to witnesses and ask for their contact details
  • Report the circumstances of what happened to your hotel and package holiday company, then make sure that you get a copy of their reports
  • Report what has happened to you to your travel insurance provider.
  • As soon as you can when you have returned to the UK, approach a personal injury lawyer or solicitor

Where Can Tourists Get Help In Malta?

If you were injured or fell sick whilst on holiday, there are several places you could get help whilst in Malta. You can access healthcare services through the local healthcare system, find a doctor or hospital recommended by your hotel or the British High Commission. In an emergency, dial 112 to get the police, ambulance, or fire services.

You must also contact your travel insurance provider. They may have specific hospitals or doctors they work with and may be able to organise things like your medical treatment, and even emergency repatriation to the UK if necessary. They may also be able to organise interim payments for emergency services on the island.

Can The British High Commission Help Me?

If you were injured in Malta which requires a hospital stay whilst abroad, the local British High Commission or Embassy may be able to provide help. They can do things like liaise with the local hospital and your travel insurance provider. They can also get in contact with family members or friends, and even your employer back in the UK to let them know what has happened. In very exceptional circumstances, the High Commission might be able to organise, and lend you the money to pay for, a flight back to the UK. However, you would be expected to surrender your passport to the government and you would be required to repay the money provided.

You can find the local British High Commission as follows:

British High Commission Malta
Whitehall Mansions, Ta’ Xbiex Seafront
Ta’ Xbiex
XBX 1026
Malta

Telephone (+356) 2323 0000
Website: www.gov.uk/world/organisations/british-high-commission-malta

Holiday Accident Claims

Why Having Travel Insurance Is Important

When looking at the expenses involved in going on holiday, many people often think that they can ‘get away’ with not having travel insurance. After all, if you have an EHIC card which covers you for emergency healthcare in Malta, why do you need travel insurance?

Travel insurance does not just cover you for emergency illnesses, which may be covered by your EHIC card, but for a variety of other things too. Travel insurance covers you for care not considered an emergency, for the costs of getting back to the UK if and when necessary, personal liability which includes if someone files a damage claim against you. It also covers lost, stolen, or damaged property which may happen on your holiday.

The Government provides more advice as to why you should take out travel insurance when travelling abroad, what you may need cover for, and how to choose the right policy for you.

Find this guide here.

Popular Resorts And Destinations In Malta

The beautiful island of Malta, and its sister island of Gozo, sits between the north coast of Africa and the Mediterranean island of Sicily. British holidaymakers are often attracted to the wonderful towns, resorts, and beach side areas of Malta. According to resources which includes the Malta travel and tourism board – Visit Malta – the most popular places to go and to stay on the island include:

  • Valletta
  • St Julian’s
  • Sliema
  • Mellieha
  • Bugibba
  • St Paul’s Bay
  • Marsaskala
  • St George’s Bay
  • Gozo – Malta’s sister island
  • Comino

Most British visitors will go to destinations like Mellieha Bay because it is a more low-key destination. There are great views and a beautiful beach, but with nightlife not too far away. At St Paul’s Bay provides more upmarket and luxurious hotels and facilities. In Qawra there is a purposely built tourist resort. Bugibba is the main destination for nightlife and also boasts having a great water park.

If you suffered an injury or illness while on holiday in Malta which includes a beach holiday accident and you were staying in any of these destinations or locations, you may be able to claim compensation.

Statistics for visitors to Malta

CountryRank2014201520162017
United Kingdom1487,714525,996559,987560,893
Italy2262,631282,815315,223363,668
Germany3143,053141,855156,786193,033
France4125,511127,953144,804176,371
Netherlands544,69744,96252,64289,335
Spain642,28547,23755,02375,511
Belgium731,39935,93741,75973,429
Switzerland831,79735,29340,50444,065
Ireland930,72235,38233,17536,177
United States1022,40225,88726,45435,758

Common Illnesses On Holiday In Malta

Whilst there are various types of illness a person could contract whilst on holiday in Malta, there are some which are much more common than others and this includes the following which could be contracted through drinking water, eating foods – especially raw foods such as washed salads and fruits, and from swimming pool water. This includes the following:

  • Shigella, dysentery
  • Cryptosporidium
  • E. Coli
  • Campylobacter
  • Salmonella
  • Exposure to food allergens

Any of these and many other types of illness can ruin your holiday experience and which could entitle you to make a claim when on holiday in Malta.

Maltese Food Allergy And Food Poisoning Illnesses

Food poisoning or exposure to foods which you have a food allergy to can happen more often than you may think on holiday. Food poisoning could typically be caused by eating from a buffet at your hotel. Food may have been kept either too warm or too cold, thus allowing for the growth of harmful bacteria. It is important to note that not everyone dining at the buffet may have the same attention to hygiene. This means that infections or viruses could spread rapidly through a hotel.

You can also contract similar illnesses and infections from swimming pools which are not properly cleaned.

Sickness Due To Poor Hotel Hygiene

Poor cleaning, food preparation or a general lack of attention to hygiene at your hotel and their restaurant(s), could lead to outbreaks of infections and illnesses. If cleaning staff are not properly trained on how to maintain hotel cleanliness, and they don’t clean your room properly, or are not following proper swimming pool cleaning processes, it could lead to illnesses spreading through the hotel.

There are two common mistakes which hotels often make and which lead to outbreaks of illnesses.

A lack of adequate cleaning products: hotels and staff can often be under pressure to keep costs down and they may choose to use substandard cleaning products. This could be a particular issue in a swimming pool as without the right kind of cleaning materials Cryptosporidium or E. coli can spread rapidly.

This pressure can also lead to people cutting corners in the way that they carry out cleaning like doing things much faster or not cleaning as frequently so they keep to a schedule.

Car Crash And Other Accidents On The Road

Whilst driving in Malta should be safe, every year there are cases of tourists having to go to hospital due to road traffic or motorcycle accidents. Road traffic accidents can lead to serious injury, and the results could often be life altering, leaving victims with disabilities.

You can find tips for driving in Malta in this guide from the RAC.

Can Poor Maintenance Cause Injury Or Illness?

There are a variety of different ways in which you could be injured due to maintenance not being carried out, or having been carried out incorrectly. If broken stairs have not been repaired, or carpets have not been properly fixed down, people could suffer a slips and fall. Even minor accidents caused by your hotel not having been maintained can lead to a broken bone, or strained muscle.

Common Accidents On Holiday In Malta

Other circumstances which could lead to accident, injury, or illness when you are on holiday in Malta could include the following:

  • Glass doors which are unsafe
  • Burns, such as hot coffee burns and hot tea burns
  • Accidents, injuries, and illness during a flight
  • Car and road traffic accidents
  • Motorcycle accidents
  • A Malta bus crashes
  • Fires in a hotel
  • Slips, trips, and falls anywhere in your hotel or hotel restaurant
  • Carbon monoxide poisoning
  • Accidents, injuries, or illness in a swimming pool
  • Shower accidents or injuries

Can I Make A Package Holiday Accident Claim?

The most common and easiest type of holiday accident claim involves injuries and illnesses which happened on a package holiday. In most cases, holidaymakers are protected under the UK’s Package Travel Regulations. You can find updates to these in this advice guide from ABTA, the Association of British Travel Agents.

Under these regulations, your hotel owner, operator, and other service providers, owe travellers a duty of care to protect their health and safety. This extends to all members of your holiday party. To be considered a package holiday and qualify for such protection, your holiday must include two or more out of transport and transfers, hotel accommodation for more than one night, additional services like excursions or food and drinks which account for a significant part of your total spend. This might include a pre-booked excursion. If you were hurt whilst using your hotels facilities, or those of a provider which was part of the package, you may have grounds to make a personal injury claim.

If your injury happened anywhere on your hotel’s grounds, your package travel company could be held responsible. They may also be at fault if the accident happened on an excursion booked as part of the package, by another service provider – such as a Malta bus crash – if the service was booked as part of your package.

In some instances, you may not be able to make a claim compensation for city break accidents or road traffic accidents against your package holiday company which includes if you booked your excursion separately to the rest of your package, if the accident occurred away from your hotels grounds ,and not on an organised activity which was part of the package, or if you were responsible for what happened to you. You can also not claim against your package holiday company if you suffered food poisoning or a food allergy at a location other than your hotel and inclusive restaurants.

How Do I Claim Compensation For An Accident On Holiday?

If you suffered an accident on holiday like a beach holiday accident or you fall sick, and it was not your fault, you might be able to file a holiday accident claim. An experienced holiday accident claims solicitor could help you with everything from getting compensation for your injuries to recovering expenses you faced because of your injury or illness.

To make a claim, you would need to show evidence of what happened to you which includes how you were harmed. You would also need to show why you believe someone else is to blame by providing evidence of their negligence. This could be in the form of photos, witness statements, or other evidence – such as a police report. You would also need to have medical evidence to make a claim, which is why it is so important to seek medical attention straight away whether your injury is minor or more severe.

Once you have contacted a solicitor, they would start investigating your claim and establishing who is at fault for your injury or illness. They would also be able to assess how much compensation you may be entitled to receive.

No Win No Fee

If you make a personal injury claim after developing an illness or suffering an injury on holiday in Malta, make sure that the solicitor you use offers no win, no fee terms. This type of agreement allows you to make a claim without having to pay to get your case started. You do not have to pay for any legal expenses till your claim is over and you have won a settlement.  If you do not win your claim, there will be nothing to pay.

Malta Holiday Personal Injury Claims Calculator

If you had an accident on holiday in Malta, you might be wondering how much you could claim in compensation. The first thing to note is that a quick search online would bring up many different personal injury claims calculators. However, a lot of these are not very accurate because how much you would be eligible to claim is individual to you, your injuries, and other ways you were harmed.

This guides provides a compensation table which includes examples of how much people can commonly claim for different injuries or circumstances. For a more accurate assessment of what you might be eligible for, you should talk to a specialist personal injury solicitor at Legal Expert who would be in a better position to offer more information on how much compensation you could be entitled to.

Reason for making a claimHow much you could be awarded
Back injury - minor. This will include injuries such as bruising, strains and sprains, as well as other soft tissue injuries. Compensation up to £10,970
Back injury - moderate. This category may include ligament and connective tissue injuries.£10,970 - £34,000
Neck injury - minor. Whilst these are less serious, they can still be quite painful. Compensation up to £2,150
Neck injury - moderate. The more pain you sufferd, the higher the settlement you could be awarded. £6,920 - £33,750
Neck injury - severe. The effects of these injuries could last longer than other categories. Recovery maynot be complete.£39,870 - £130,060
Thigh injury - moderate. Whilst less severe, they can be painful. You will fully recover from the injury.£22,130 - £31,25
Thigh injury - serious. In such cases injuries are more severe and possibly more painful.£31,250 - £43,710
Thigh injury - very serious. This is the highest level of severity.£43,710 - £67,41
Shoulder injury - moderate. Such cases can be fully recovered from in a short period of time.Compensation up to £1,950
Shoulder injury - serious£10,180 - £15,300

Where Can I Find Out More About Holiday Accident Claims

This guide provides essential advice and information on how to file a claim for an accident on holiday in Malta. However, you might still have may questions about how you can go about making a personal injury claim, or how to get help when injured abroad as such the guide has included links to other useful websites:

Holiday Accident Claims Advice From Legal Expert
Find out how an expert and experienced holiday accident claims solicitor can help you to get the compensation you deserve.

British Government Travel Advice For Malta
This is the main Foreign and Commonwealth Office page with advice for people travelling to Malta. This page is kept up-to-date with all of the latest information which holidaymaker’s may need.

NHS Healthcare Guide
In this guide the NHS provides advice for those travelling to Malta, such as how to access emergency care and what changes you need to be aware of in terms of using the EHIC after March 29, 2019.

Edited Honey 24/1/20

Holiday Accident Claims