Holiday accident compensation

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Comments

  • elsien
    elsien Posts: 32,664 Forumite
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    ringo_24601 wrote: »
    Did you have travel insurance?

    See posts 4 and 13.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Holiday Haggler
    elsien wrote: »
    See posts 4 and 13.
    The travel insurance firm do sound useless - It's probably worth putting the pressure on the travel agency.. although that would have ideally been done with the agents representative whilst you are there.

    Reminds me to buy decent insurance for my hols this year
  • ThumbRemote
    ThumbRemote Posts: 4,618 Forumite
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    I'd be talking to a lawyer for an initial consultation. There's a set scale of damages for various injuries based on case law, at the very least they may give you an indication. If you like the lawyer, go with them. If not, find another.

    Thomson will come back with an extremely low offer to start with. If you're relying on them to be fair, think again. They will be concerned only with this having the lowest possible impact on their bottom line.

    To repeat what a couple of other people have said above, you need proper legal representation.
  • Country_Cousin
    Country_Cousin Posts: 229 Forumite
    You really do need a personal injury lawyer. If this is going to affect your little girl long term this is not something you should be dealing with yourself.
  • S1446591
    S1446591 Posts: 14 Forumite
    Just as an update. Thomsons have came back to me and offered me £6k to shut up and go away (aka as a goodwill and denial of liability).

    To clarify - I have sought legal advice and the advice is to go through thomsons first.
    I did have travel insurance.

    I've been advised to reject the first offer so I have, and I'm waiting on a revision - I'll try to update when I can.

    Thanks for the suggestions so far.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    S1446591 wrote: »
    Just as an update. Thomsons have came back to me and offered me £6k to shut up and go away (aka as a goodwill and denial of liability).

    To clarify - I have sought legal advice and the advice is to go through thomsons first.
    I did have travel insurance.

    I've been advised to reject the first offer so I have, and I'm waiting on a revision - I'll try to update when I can.

    Thanks for the suggestions so far.

    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough :mad: )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get
  • happyandcontented
    happyandcontented Posts: 2,768 Forumite
    First Anniversary First Post I've been Money Tipped!
    k3lvc wrote: »
    Personally I thinks your attitude re this stinks - you have travel insurance and this is what it's for but instead you're looking for some compo (and £6k offered isn't enough :mad: )

    Maybe one day you'll do something wrong which gives someone the opportunity to injure themselves (which by all accounts is what happened here) and the victim will come after you personally for their 'compensation'

    The more people jump on the 'compensation' wagon the worse it'll get

    I think that you are being unfair to the OP. This is his young child who has been injured and whose injuries are such that the long term outcome is as yet unclear.

    Companies and individuals who are negligent ( as in this case) need to be brought to account for it or they have no incentive to make the required changes/inspections in the future. That would adversely impact us all.

    Do you remember the two young children who died from Carbon Mon Oxide poisoning in Greece whilst on holiday? It was right that the company paid for their catastrophic errors.

    Yes, there is a compensation culture and it is awful when people claim for whiplash and the like when they are not injured, but you cannot tar everyone or every issue with that brush.

    IMO this is a legitimate claim and the OP needs to ensure his daughter receives what the law deems her entitled to in the schedule of damages applicable to her injury.
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  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    happyandcontented wrote: »
    I think that you are being unfair to the OP. This is his young child who has been injured and whose injuries are such that the long term outcome is as yet unclear.

    Companies and individuals who are negligent ( as in this case) need to be brought to account for it or they have no incentive to make the required changes/inspections in the future. That would adversely impact us all.

    Do you remember the two young children who died from Carbon Mon Oxide poisoning in Greece whilst on holiday? It was right that the company paid for their catastrophic errors.

    Yes, there is a compensation culture and it is awful when people claim for whiplash and the like when they are not injured, but you cannot tar everyone or every issue with that brush.

    IMO this is a legitimate claim and the OP needs to ensure his daughter receives what the law deems her entitled to in the schedule of damages applicable to her injury.
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    Indeed I may be but as entitled to my opinion as others are to theirs. The child, whilst unsupervised, carried out an action that led to the injury and based on the schedules previously shared the OP has been offered above the suggested rate for 'amputation of tip of the middle or ring fingers' yet is still pushing for more.
  • happyandcontented
    happyandcontented Posts: 2,768 Forumite
    First Anniversary First Post I've been Money Tipped!
    k3lvc wrote: »
    Indeed I may be but as entitled to my opinion as others are to theirs. The child, whilst unsupervised, carried out an action that led to the injury and based on the schedules previously shared the OP has been offered above the suggested rate for 'amputation of tip of the middle or ring fingers' yet is still pushing for more.

    Yes, unsupervised by those left in loco parentis - the kids club reps. The company is doubly negligent in my opinion. We never left our kids in those types of clubs, but if a parent does they hould be able to rely on adequate supervision according to age.
  • hollydays
    hollydays Posts: 19,812 Forumite
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    happyandcontented wrote: »
    Yes, unsupervised by those left in loco parentis - the kids club reps. The company is doubly negligent in my opinion. We never left our kids in those types of clubs, but if a parent does they hould be able to rely on adequate supervision according to age.

    When my kids were smaller I'd check out the kids clubs, but never found the staff responsible enough, I found the staff were young and inexperienced and there were far too few per child.
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