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Holiday sickness claims
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Unexplained Illness

By on March 16, 2016

Have you suffered from Holiday Sickness when you’ve been on holiday or immediately after you’ve returned home?

If you have suffered with an unexplained holiday sickness; we want to hear from you, even if you believe you do not have sufficient evidence to support your claim.

A large proportion of people we speak to and process claims for have had an unconfirmed bacterial infection, who mainly attribute their holiday sickness to a food borne sickness, showing some or all of the typical holiday sickness symptoms such as diarrhoea, vomiting, dehydration and stomach cramps on their holiday. As such, people who often make enquiries with us are under the impression that they are unable to make a claim due to a lack of concrete evidence, as they never obtained a formal report from the hotel or tour operator whilst on holiday.

This can be due to several reasons. Many are simply too busy to visit their GP on return or feel they are well enough to avoid going. Some are unable to locate their booking documents, some no longer have the pill-packets from the medications they took and some feel that the fact they didn’t formally report the incident to the hotel at the time will go against them.

None of these are strictly essential in getting your claim underway. Such cases are dealt with on the balance-of-probabilities; our panel solicitors consider the amount of evidence you have along with details of the illness you have suffered against the number of reported illnesses from that hotel. If there have been previous reports of similar illnesses by other guests, there is a higher probability that a claim can be pursued on your behalf.

We often hear reports of negative stool samples where a claimant did visited a GP or hospital, but don’t be alarmed – this is a common occurrence and can be due to several factors, such as:

  • The antibiotics prescribed abroad were effective in eradicating the bacteria in your gastrointestinal tract, resulting in a negative stool sample;
  • Your GP back home sent a limited-range stool sample, testing for only a minor proportion of the potential infective bacteria/parasite.
  • This would result in a negative result unless further strain analysis was completed.
  • Your GP back home recommended allowing time for the infection to resolve by itself. By the time a sample was submitted the bacteria had been beaten by your natural immune system, again resulting in a negative sample.
  • The Claimant was unable to visit their GP for a prolonged period of time due to other commitments.

We commonly hear from teachers, carers, police officers and shift workers who have been unable to visit their GP surgery upon returning to the UK because of their working hours; this will always be taken into consideration when making a claim.
If you have fallen ill whilst on an all-inclusive holiday get in touch with a member of our team.  Holiday Sickness Claims and our panel of specialist solicitors will be happy to help you through the process of matching the events to a panel solicitors acceptance criteria and recommending a solicitor who will represent your claim on a No Win No Fee service.

Our panel of solicitors have varied methods of working that have mixed minimum acceptance criteria’s to allow a claim to proceed, under their professional opinions and evaluations, some solicitors work differently, but the most general and minimum criteria would be as below:
Your sickness lasted more than 5 days – This means that from the day your sickness started, you still had signs of sickness at least 7 days after. This does not mean you were absolutely bed bound or sick for the whole period, most people do generally recover from the main symptoms in under 7 days, but effects such as mild diarrhoea, stomach cramps, loss of appetite etc. generally continue well after 7 days. If your holiday had ended by that time, the fact the symptoms continued after you returned home is a continuance of the holiday sickness.
You only ate in the hotel prior to becoming sick – If you did eat out or brought food back to the hotel, there could be an argued cause that this other food may have caused your sickness. This is quite reasonable.
You reported your sickness to the hotel, hotel staff, holiday rep, tour operator or visited a GP. This means you actually told someone about the holiday sickness or visited a GP or doctor or hospital. If you told a member of the hotel and it was not formally recorded, that is not your problem, the fact you did tell someone means you have acted in good faith. The hotel should be more aware of these real problems and make proper records.
If you attended any medical practitioner / doctor / hospital – we will record those details. The fact you did gives your claim a tracked record and depending which medical practitioner you seen will depend on what records they made. If you did not that is absolutely fine and will not affect your eligibility to make a claim.
If you purchased any medication from a chemist such as pain killers; re-hydration sachets; diarrhoea stoppers such as Imodium, or anything else, we need to record this information as this would have helped you get better soon with you taking the initiative to act yourself!

Photographs or other evidence. If you do have any photographs that support your holiday sickness, of anything whether it be you sick in bed, or proof of poor hygiene, or the names and contact details of other holiday makers who stayed in the same hotel and suffered the same problems of holiday sickness, they can corroborate your events and strengthen your claim.
The main thing to remember is that every report and review is handled on an individual basis, peoples circumstances differ and people’s experiences differ. It costs nothing to have your claim reviewed and if we or our panel solicitors’ cannot help you we will tell you so, we don’t want to waste your time or ours!
If you match a panel solicitors criteria and they believe you have a reasonable chance of success, they will represent your claim on a No Win No Fee service, so they need to be reasonably confident your claim has a higher chance of success, they don’t want to waste their time and energy and indeed financial costings associated with running your claim, if it has unsubstantiated grounds to secure a successful claim.
But do rest assured, your solicitor will fight hard to represent you if there are sufficient grounds to progress a claim.
Call Holiday Sickness Claims today and get your free review underway – call us today on 0161 740 4178

Holiday Sickness Claims

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