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

What Should You Do If You Have An Accident On Holiday Abroad In Poland?

Holiday Accident Claims

 

 

 

Holiday accident claims in PolandIf you suffered an accident on holiday in Poland, you may be wondering whether or not you are entitled to compensation and how you should go about making a case. This guide provides essential advice together with recommendations on what sort of evidence would be required. Making a compensation claim can be confusing and daunting at the best of times, and this is even more so the case if you’ve been injured while on holiday in Poland because it can feel like you have nowhere to turn. However, there is help available, and this guide provides essential information on how to go about making a claim for compensation for a holiday accident in Poland and the process involved.

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A Guide On What To Do If You Had An Accident On Holiday In Poland

Have you been injured while on holiday in Poland? Maybe you know someone who has suffered an injury or illness in Poland and you want to help them find the information they need regarding making a personal injury claim? No matter what applies to you, this guide provides essential reading, advice and recommendations on how to file an accident claim in Poland and what you should do if you fall ill or suffer an injury whilst on holiday. The guide also provides essential advice on how you could get assistance from the British Embassy should it be necessary and to how find an experienced personal injury lawyer to act on your behalf.

Getting Sick Or Having An Injury On Holiday In Poland

If you’ve suffered an illness or injury in Poland, in order to claim, it must have happened due to someone else’s actions or lack of action. For example, you can make a claim if you’ve fell ill because of poor hygiene standards in the hotel. However, you cannot claim if you’ve simply been unlucky and caught a sick bug from someone else while on vacation.

Who Is To Blame For My Personal Injury Accident On Holiday?

The first thing you need to do when moving forward with a claim is to establish who caused the incident. You certainly won’t be able to make a claim if you are responsible for your injuries. You must prove that another person or company made an error or acted in a negligent manner and that this resulted in the accident that left you injured or suffering from a health issue. For example, if you were involved in a car crash you need to show that the other driver was at fault. What happens if you were partially to blame for the incident but did not entirely cause it? You may still be entitled to compensation. However, the amount will be lower to reflect the role you played. When it comes to an accident on holiday abroad, there are many different parties and individuals who could be deemed responsible. As mentioned, it could be another driver, but it could also be a tour operator or the hotel company.

What Should You Do If You Have An Accident On Holiday In Poland?

If you are thinking about making a personal injury claim, you would obviously want to make sure you get the maximum possible amount of compensation. However, if you do not gather the right evidence or hire an experienced personal injury solicitor, it could impact your chances of doing so. Unfortunately, a lot of people realise this when it is too late. Luckily, you have landed on this page, so continue reading to discover some top tips on maximising your compensation amount which are detailed below:

  • Get the contact information of anyone who was there when the incident unfolded – did anyone see what happened to you? If so, then you are advised to get their contact information. Witness statements help to strengthen your case against a third party
  • Make a note of everything that happened – it could be very easy to forget something, especially when you are likely feeling distressed about the accident. This is why it is a good idea to write down everything in as much detail as possible straight away
  • Claim as soon as possible – many people leave it far too late to make a claim. Not only is there a personal injury claims time limit, but you may find it a lot easier to claim the sooner you do so. This is because it would be a lot easier to gather all of the evidence mentioned in this post. Take witness statements as a prime example. If you do not claim for a couple of years, your witnesses may have changed their phone number, moved house, or they may not remember the incident clearly
  • Hire a No Win, No Fee solicitor – a No Win, No Fee solicitor would work harder to ensure that your case is a success. This is because you are only going to pay legal fees if your case is a success and the amount is deducted from the money you receive. If your case is not successful, you would not need to pay
  • Keep proof of expenses – you must keep proof of any bills or costs you paid out due to your injuries. This could be anything from vehicle repair costs, to medical expenses, to loss of income, to childcare expenses. You would be able to put a claim in for all of these when claiming special damages, but only if you’ve got proof of your expenditure

Where Can I Get Help After An Accident, Injury, Or Illness Abroad?

There are a number of different places you can turn to if you’ve been injured in Poland and you need assistance. This includes the following:

  • Your travel company/ package holiday company
  • The Polish healthcare system
  • A travel insurance provider
  • The British Embassy

Holiday Accident Claims

When The British Embassy Can Provide Help To Holidaymakers

If something happened to you while in Poland, a member of the British Embassy should visit you, and they should make sure your family and/or friends are aware of the accident and your situation. You can find contact details for the embassy below:

British Embassy Warsaw
Kawalerii 12
00-468 Warsaw
Mazowiecki
Poland
Telephone +48 22 311 00 00
Website: www.gov.uk/world/organisations/british-embassy-warsaw

You can also find helpful travel advice for Poland specifically on the UK Government website.

What Is the Point Of Having Travel Insurance?

A lot of people overlook the importance of travel insurance while visiting Poland. This is because they have a European Health Insurance Card. Your EHIC is valid in Poland pre-Brexit after which time it may not be. For those of you who do not have this card, you can get it via the UK Government website. You simply make your application online, free of charge. The card entitles you to free or reduced healthcare in Europe. However, it is critical to note that this is only for certain treatments – not for all healthcare, and this is why comprehensive travel insurance is so essential.

The Best Places To Visit In Poland

Poland is a place with lots of great cities and lots of amazing attractions. Some of the most popular destinations in Poland include the following:

  • Warsaw
  • Krakow
  • Wroclaw
  • Gdansk
  • Zakopane
  • Poznan.

Warsaw is a 400-year-old city, and is the capital of Poland. From the cosy cafes to the medieval churches, there is something for everyone. In terms of tourism, though, Krakow is the most popular. It is known as being Southern Poland’s cultural centre. The traditional restaurants are to die for, and the legendary monuments around the Old Town are a must.

What about Wroclaw? This is a cultural and entertainment destination. It is an extremely diverse and unique place. It is a cathedral island, featuring numerous riverside parks and more than 12 islands making it one-of-a-kind.

Statistics for the visitors to Poland by nationality in 2014 are listed below.

CountryNumber of arrivals in 2014
Germnay1,385,922
UK376,346
Russia345,760
Ukraine274,476
USA235,705
Belarus225,503
Italy222,090
France208,810
Norway179,305
Spain176,094

Common Types Of Holiday Illness

When visiting Poland, it is always a good idea to a carry hand sanitizer with you to be as healthy as possible. The common illnesses here at very similar to those of the UK. In terms of sickness claims, food poisoning tends to be the most common, with more information being provided below.

Food Allergy And Holiday Food Poisoning Claims

Food poisoning often results in symptoms like nausea and dehydration. Most people make a recovery within a matter of days. However, there have been incidents where people have experienced life-threatening symptoms because of food poisoning. There are many ways that food poisoning can occur while on holiday. It could be because food has been left on the buffet for too long or because it was not prepared properly to begin with. It could be because the food has not been stored or cooked correctly. No matter what has happened, you may be able to make a claim. You could also secure compensation if you’ve had an allergic reaction and you believe that the company that provided you with the food is to blame. All companies need to present allergen information on labels or menus which includes restaurants to anyone selling pre-packaged food. If you have had a food allergy reaction because you were not made aware of the presence of allergens, you may be eligible for compensation.

Preventable Illnesses Caused By Poor Hotel Or Restaurant Staff Hygiene

When we go to a restaurant or we stay in a hotel, we expect exceptional hygiene at a bare minimum. While most hotels and establishments exceed our expectations, there are, unfortunately, a number of establishments that fail to adhere to the basics with regards to hygiene health and safety. If you have contracted an illness because of this, you may be able to pursue a claim for compensation.

What To Do If Injured In A Car Accident On Holiday In Poland

The most recent statistics show that there were 3,206 people killed on the roads in Poland in 2006. This means that the death rate in Poland is 7.9 per every 100,000 citizens. How does this number of fatal accidents compare with the rest of the EU? Well, it is above the average, which is 5 per 100,000 people.

Whiplash is an injury that tends to be associated with road traffic accidents, and it is undoubtedly one of the most common injuries people sustain in road traffic accident in Poland. It is an injury that occurs when the head quickly jolts backwards and forwards in a violent manner. This causes a huge amount of strain on the neck, which can lead to pain and restricted movement.

Other symptoms range from nausea to blurred vision. One of the most important factors you need to be aware of is the fact that whiplash symptoms often take a while to surface. Therefore, you may feel fine after the incident, but a few days later you could find yourself feeling rotten. This is why you are advised to see a doctor straight after a car crash or any other accident, so you can be sure that any issues do not escalate.

What about those of you who have been involved in a car accident in Poland where the person who caused it fled the scene? Being involved in a road accident in Poland can be stressful, upsetting and frightening enough, without having to worry about the perpetrator doing a runner. Accidents are terrible, but when you have to deal with the person who caused it fleeing the scene, it can be made a million times worse. When this occurs a lot of people believe they have absolutely no chance of making a successful compensation claim. After all, whom are they going to file the claim against?

Nonetheless, this is something you actually do not have to worry about. If you have been involved in a car accident in a rental car  where the driver who caused the accident has disappeared, you actually can still make a claim. These are known as un-traced drivers claims.

In such cases, any information or evidence you can gather would prove useful and important. Here are some of the ways you can help and strengthen your claim for compensation for an accident on holiday:

  • See a doctor – you would find it impossible to claim if you do not see a doctor. A lot of people bypass this step if they have only suffered minor injuries. They would rather cope with them alone. However, if you do this, there would be no proof that you have ever suffered an injury in the first place and thus you would not be able to build a strong case
  • Get the contact details of any witnesses – This strengthens your case dramatically
  • Take pictures – if there is any damage to your car or the street, take some photographs. This would work as excellent evidence that incident occurred

Accidents On Holiday Caused By A Lack Of Maintenance At Your Hotel

If the hotel you stay in has not been maintained properly, there are many ways you could suffer an injury. You could contract an illness if the pool has not been cleaned regularly. You could suffer muscle damage if gym equipment has not been maintained as it should. You could be involved in a slip, trip, or fall if there has been poor general upkeep of the hotel grounds. Should this be the case, you could file a personal injury claim against the negligent third party.

Common Accidents On Holiday Abroad You Can Make A Personal Injury Claim For

Some of the most common accidents in Poland include:

  • Spa and beauty treatments which have gone wrong
  • Injuries during activities, like cycling
  • Swimming pool accidents
  • Car crashes
  • Broken furniture injuries
  • Food poisoning
  • Food allergies

What Protection Do You Have If You Had An Accident On A Package Holiday?

Have you booked your holiday via a tour operator? If so, the legislation that is in place means that you may be able to make a claim against the tour company. This makes it a lot easier to seek compensation because you do not have to go directly to the local provider. Instead, for any service booked as part of your package deal, you can claim against the tour operator. It is important to note that for a holiday to be deemed a package holiday, it must include at least two of the following:

  • Transport, accommodation and/or other travel services, like excursions

How To Get Compensation With Holiday Accident Claim Solicitors

It does not matter whether you have been involved in a road traffic accident or an incident in the hotel, if you’ve been injured and the incident was caused by another individual, you may be thinking about making a claim. The most important thing to do in this instance, is to align yourself with an experienced personal injury solicitor who would offer you the greatest chance of getting the full amount of compensation you deserve.

When some people find out that they do not actually need to hire a solicitor to make a personal injury claim, they are often tempted to go down this road and file a claim without legal advice. After all, a lot of people panic about the costs that are charged by solicitors, and so they see this as a cheap alternative. However, you will find yourself losing out on a lot more money if you do not seek any professional assistance. Keeping that in mind, read on to discover the advantages associated with hiring a personal injury solicitor

  • Experience – personal injury lawyers have worked on many personal injury compensation claims before. They know the industry like the back of their hands, and this is vital. If you have no experience or knowledge of the law, you could find yourself easily missing something important
  • Technical jargon – a lot of people find insurance jargon and legal jargon complex, and it is not hard to see why. If you try to handle the case yourself, you may find it tough to digest all of the jargon
  • Assistance – if you hire a solicitor, you know that you always have someone available to answer your questions and provide you with the assistance you require
  • Maximum amount of compensation assured – when you hire a solicitor, you can be confident that they won’t miss out on any costs you can claim for, and so you will receive the maximum amount you deserve
  • Greater chance of winning your case – it all comes down to one thing and this is with the fact that you will have a much better chance of winning your case if you go for this option.

If you take a look on the web, you will notice that you have a whole host of different law firms to choose from in the UK, all of which claim to offer the best team of solicitors. It is up to you to narrow down this search to ensure that you end up with the best solicitor working on your case. Therefore, read on for some top tips on selecting the best solicitor:

  • How many years have they been in the industry? It is important to select someone that has a considerable amount of experience/knowledge. Of course, everyone has to start somewhere. However, with regards to something as pivotal as securing compensation, you really cannot afford to be their practise project. This is why experience is vital.
  • Do they have relevant experience? Working in the industry is one thing, but you need to make certain that they have actually worked on cases similar to yours. There is no point in hiring a product liability solicitor if you’ve been injured in a car crash.
  • Do they have a good reputation? Reviews can be exceptionally telling, and this is why it is always a good idea to see what previous clients have had to say about the solicitor in question. If you come across an abundance of negative reviews, you know that there must be a reason for them, and so you should look elsewhere.
  • Are they happy to work with a No Win, No Fee payments agreement? Last but not least, look for a solicitor that is happy to work on this basis, as it will offer you a significant degree of monetary protection.

How Much Could I Claim For An Accident On Holiday In Poland?

You need to be aware of all of the different things you can claim for. The last thing you want to do is miss out on any compensation. You probably already know that you can claim for the injuries you have sustained because of the accident you have been involved in. The amount you get is calculated based on the extent of your injuries and the impact they are going to have on your life.

Aside from this, you can claim for any costs you have encountered due to the incident and your injuries. For instance, let’s take a look at car crashes. Your own vehicle may have been damaged in the crash if you drove to Poland, and, if so, the vehicle repair costs will be covered by compensation. You simply need to make sure you keep your receipts so that you can prove this. Other common costs encountered include the likes of getting a payout for the holiday costs if you’ve been injured near the start of the holiday, counselling and treatment costs, and loss of income.

The table below looks at average payout amounts for a select number of injuries. It has been provided by the Judicial College Guidelines.

InjuryPayout
Wrist injury£2,550 - £44,500
Knee injury, severe£39,700 - £72,970
Severe shoulder injury£9,500 - £37,000
Pain and suffering£1,000 - £200,000
Mental anguish£3,550
Loss of benefits£5,000 - £500,000
Loss of earnings£10,000 - £400,000
Severe shoulder injury£9,500 - £37,000

Where Can I Find Further Information?

Relevant NHS Guide – Country-specific guidance from the NHS

Legal Expert Poland – Country-specific guidance on claiming.

Edited Honey 24/1/20

Holiday Accident Claims