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Serious Injury Abroad Claims

If you or someone close to you has suffered a serious injury abroad, you may be able to claim compensation from here in Scotland. Our specialist solicitors help you find out where you stand, get support for your recovery and claim the compensation needed for the road ahead.

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Seriously injured abroad? We can help you claim from Scotland

A serious accident abroad can turn a trip into a crisis. You may be facing unfamiliar hospitals, a language barrier and medical bills that keep growing. At the same time, you’re trying to work out how to get home. On top of that, many people assume that because the accident happened abroad, nothing can be done.

That isn’t always the case. If you were injured abroad because of someone else’s negligence, a compensation claim is often possible. In many cases, it can be run from Scotland. Everyone’s circumstances are different, so the first step is finding out which route is open to you.

Many of the people who contact us are family members acting for someone who can’t. That’s fine. You can get in touch on their behalf, even while they’re still receiving hospital treatment abroad.

Can I claim for a serious injury that happened abroad?

Meet the Experts

The highly experienced personal injury lawyers at Jones Whyte are ready to assist you with your compensation claim.

Find your Lawyer
Michael Fyfe

Michael Fyfe

Solicitor

Michael McLean

Michael McLean

Partner and Solicitor Advocate

Tanya Bagri

Tanya Bagri

Associate Solicitor

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Contact Jones Whyte today

For legal support & help at every stage of your life.

Contact Jones Whyte today to arrange your no-obligation consultation and to start your no-win no-fee accident claim.

0141 674 4358
info@joneswhyte.co.uk

Our Fee Structure

Success Fee: If your claim is successful, our success fee is charged as a percentage of compensation awarded to you. This fee covers our legal services and includes the cost of After the Event (ATE) insurance to protect you against having to pay the other side’s costs if your claim is unsuccessful.

No Win, No Fee Explained: You will not pay any legal fees if your claim is unsuccessful. However, if we secure compensation for you, our success fee will be deducted from your compensation award before payment to you.

When You Might Be Liable for Costs:

  • If you choose to terminate your agreement with us but later are successful with your claim through other means, such as with another firm of solicitors, you may be liable for the cost of the to work we have completed on your behalf.
  • In other exceptional circumstances as detailed in our instruction agreement and terms of business, such as if you have mislead us or falsely represented part of your claim.

These terms will be fully outlined in your instruction agreement and Terms of Businesss with us, and are available for you to review before you make any binding commitment. You are under no obligation to these terms by making an initial enquiry.

Medical professionals discussing late diagnosis with a patient

Can my claim be dealt with in Scotland?

Often, yes, but it depends on two separate questions: where the claim can be raised, and which country’s law decides it. These don’t always point the same way. A claim might be raised in a Scottish court but decided under Spanish law, for example, or it might have to be raised in the country where the accident happened.

Which law applies matters. It can affect who is held responsible, how long you have to claim and how much compensation you receive. The law of the country where the accident happened usually applies, although there are exceptions.

The rules for cross border claims changed after Brexit, so our serious injury team assesses every accident abroad claim individually, right at the start. That way, you know where you stand before anything else happens.

If your claim has to be pursued abroad, you won’t be left to deal with a foreign legal system alone. We stay as your point of contact, coordinate with local lawyers and explain each step in plain language. Most clients never need to travel back to the country where the incident occurred.

Serious injury abroad claims we handle

We help people who have suffered life-changing injuries abroad, including:

  • Traumatic brain injury and other serious head injuries

  • Spinal cord injuries and paralysis

  • Amputation and limb loss

  • Serious burns and scarring

  • Multiple or complex fractures

  • Psychological trauma, such as post-traumatic stress disorder (PTSD) following a serious accident

  • These injuries are often sustained in:

  • Road traffic accidents, including moped, quad bike, taxi and coach crashes

  • Falls from hotel balconies, stairs and poorly maintained areas

  • Swimming pool and diving accidents

  • Excursions and adventure activities

  • Skiing and snowboarding collisions

  • Assaults where a hotel or operator failed to provide reasonable security

If you have lost a loved one in an accident abroad, our fatal injuries overseas page explains how we can help your family.

Time limits for serious injury abroad claims

In Scotland, you generally have three years to make a personal injury claim. The clock starts on the date of the accident, or when you became aware of your injury.

If your claim is governed by another country’s law, a much shorter time limit may apply. Some countries allow as little as one year, and claims under the Montreal and Athens Conventions generally have two. Deadlines vary depending on where the accident happened and who the claim is against. That’s why specialist legal advice early on is essential.

Under Scots law, different rules apply to children and to adults who lack the capacity to manage their own affairs. For a child, the three-year period usually doesn’t start until their 16th birthday.

The serious injury abroad claims process

Here’s what happens once you get in touch:

  1. Free, no-obligation consultation. Tell us what happened and we’ll explain whether you’re likely to have a claim and what happens next. You can call from abroad, and a family member can call for you.

  2. Establishing responsibility, jurisdiction and deadlines. We identify who was at fault, where your claim should be raised, which law applies and the time limit that must be met.

  3. Building your claim. We gather written reports of the accident, medical records from your emergency treatment and hospital stay, translations and witness evidence. Independent medical experts assess your injuries. Where needed, local experts confirm the local standards the hotel, operator or driver should have met.

  4. Supporting your recovery. Where possible, we ask the other side to fund rehabilitation early. We also seek interim payments, part of your compensation paid before the claim settles, so treatment and day-to-day costs aren’t put on hold.

  5. Settlement or court. We negotiate a settlement that reflects your future needs. If a fair offer isn’t made, we can raise court proceedings, in Scotland wherever possible.

Frequently Asked Questions

Speak to our serious injury solicitors today

Book your free, no-obligation discovery call today. Our Fatal and Serious Injury Team will handle your claim on a No Win No Fee basis, with no hidden costs and no surprises.

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