Help please. Partner suffers broken ankle and is then flown home without treatment

Voyager2002

Yes, you should certainly pursue this. And of course you should contact your insurance company: it could end up with insurance paying your compensation and then suing the holiday company -- no legal bills for you!

Jake'sGran

Very sorry to hear what happened. Was she insured? I am always astonished that people don't read about what to do on the insurance document in the event of an accident/illness etc. The rep should have written a report. Also, your wife should have been seen by a local doctor/hospital even if this meant delaying her flight home. All expenses (except any excess) woud have been paid by her insurance company. She could also have done with statements from the witnesses too. She may get paid out but I have a feeling it will be a long haul.

Foggy

Yes she was insured and we have written to Thomson, who we insured with. Because this happened on the way back to the airport and at the time she thought it was just a sprain, all she wanted to do was get home.

The Thomson rep did fill in an accident form apparently but we do not have a copy of this but there are witnesses.

tipsychick

See if you can get a copy of the accident form. Quite often with accident forms, the injured party's version of events needs to be recorded and signed off on. Just say you want to make sure everything has been accurately recorded.

You say that your partner has details of witnesses. I'd also be inclined to contact them and ask if they wouldn't mind just giving you a quick written synopsis of events, what was said by who, etc., whilst it's still fresh in their minds. It can be hard to do this two or three years down the line.

Your partner has had a very serious ankle injury that has resulted in surgery and the implantation of metalwork. At this stage, it is impossible to know whether there will be any long-term complications, i.e. if the bone will unite fully, etc. In a worst case scenario (unlikely but not impossible), she might not go on to union, will need re-operating, etc.

Your partner can definitely claim for loss of earnings. If she has a job that involves prolonged periods of standing, it may be several months before she is capable of returning to work fulltime in any event.

If she does make a claim for compensation, the time that you have given over to looking after her/her daughter, doing the cleaning, gardening, etc. can all be claimed for too.

The kind of injury your partner has had, is exactly the type of accident that should be claimed for. As budgetflyer says, a lot of big companies don't act until it's too late and then are forced to due to large payouts.

Don't let the fact that the accident occurred abroad put you off at all. A good personal injury solicitor will be able to deal with your claim easily.

Foggy

Many thanks tipsychick. She works behind the customer services counter in a large shop and is consequently on her feet all day. We will try the lawyer recommended above but it seems such a minefield out there.

tipsychick

There are people on here who work for insurance companies/solicitors who will be able to advise you better than I regarding specific law firms that deal with personal injury on behalf of Claimants and who really know what they're doing.

There are the "no win, no fee" solicitors, i.e. you pay nothing up front but pay their fees from the settlement of the claim, and then there are the solicitors where you take out an insurance policy to cover their fees.

Don't panic too much at this stage. It's early days. Legally, you have three years from the date of the accident to make a personal injury claim, i.e. August/Sept 2009 (from what you've posted above).

Take your time choosing a solicitor to represent you. Make sure that you really understand what the solicitor will be getting out of it and how their fees will be paid. I've heard of Claimants getting a substantial settlement only for a goodly proportion to go to the solicitor in fees.

Also, given the complexity of your partner's injury, be prepared for the long-haul. For settlement of these kind of more complex claims, two or three years or more is not unusual.

If I were you, I'd begin keeping a really detailed diary of your partner's progress, medical appointments, etc. From now on, make sure everything is logged officially in her GP/hospital notes, Occupational Health records with her current employer, DSS if she gives up work, bank/mortgage lender, etc. Keep every last receipt - over-the-counter painkillers, your hospital car parking, private physiotherapy, anyone you employ to help with the cleaning/gardening, etc. You will need to prove everything that you ultimately claim.

If her claim ends up being a large one, then the Defendant's solicitors will analyze absolutely every last detail.

Good luck and I do hope her ankle is feeling better!

inkie

I don't think that her new employers would have a problem, after all she has medical verification of her absence from work - its hardly as if she is blagging it.

Jake'sGran

Foggy wrote:

Many thanks tipsychick. She works behind the customer services counter in a large shop and is consequently on her feet all day. We will try the lawyer recommended above but it seems such a minefield out there.

I don't think it will be a good idea to use a "no success, no fee" kind of legal representative. This will be a big claim and you need first rate advice. Your wife will be able to claim for loss of earnings (if there are any). Also, with the breakages you describe the ankle may be a problem in the future. I'm not a prophet of doom, just being realistic.

Hope you don't mind my mentioning this but, in the future, when booking package tours, don't use the agents insurance. Don't know what it is these days but I remember reading it was about £50 some years ago just for Spain. It can cost as little as £15-20 with some of the direct insurance companies and their service is good. I once lost a gold necklace and pendant down the sink in a Spanish hotel. Had to go to the police station for a report but was paid back in full - no problem. Good luck with your claim.

DrFluffy

Not sure if this has been asked, but was she asked to make an entry in the accident book. If so, she is covered if not - add that to the list to go after Thompson with...