How a Scottish law firm can help if you’re injured abroad

For Scottish football fans the FIFA World Cup has created memories of a lifetime, even if the Scotland team’s time at the tournament is over. 

Sadly, we know that while on holiday broken dreams of football glory aren’t the only anguish that can happen. Unfortunately, we can’t help you claim compensation for disappointment. 

Every year thousands of people come to Digby Brown for help following an accident abroad. 

You might think you can only be helped by lawyers based in the country where the accident or illness happened, but that isn’t always the case. 

When can you bring the claim in Scotland?

This question is pretty complex and there are no straightforward answers, but there are a few ways we can determine whether or not you can raise a claim in Scotland.

• Home: if the person or company you’re suing lives or has a place of business in Scotland then we likely have jurisdiction.
• Location: if the accident happened in Scotland, we will be able to help even if you live abroad.
• Package holidays: you can bring a claim against the package holiday provider in Scotland, even if the wrongdoer is a foreign company such as a hotel or resort. 
• Foreign businesses: if you have signed a contract with a business that advertises professional and commercial services to Scotland, you may be able to raise a claim even if they are based in another country 

Sometimes we are unable to pursue the claim because we don’t have jurisdiction, but we have a network of trusted foreign lawyers who we can work with.

If you live in Scotland or the destination of your flight is Scotland then we may be able to help you under the Montreal Convention.

This is an international treaty that regulates travel abroad by air to over 140 countries including the USA, Canada and all EU member states. It creates strict liability for travel providers if the following criteria are met: 

• You sustained a physical injury
• You were injured due to an unusual or unexpected event that was external to you
• The incident occurred on board the aircraft or in the course of embarkation or disembarkation

Where the value of the case is more than £150,000 travel providers can try to cap the amount of money they owe you for your injuries if they can show they were not at fault or a third party was at fault.

In these cases you should always seek independent legal advice from a specialist law firm that can explain your rights to you. 

Similar rules apply to passengers injured at sea either on a cruise ship or a boat. The Athens Convention allows claims to be brought by passengers for loss after incidents that happen while travelling. 

This is a period of time when a passenger is on board a ship, embarking or disembarking the vessel or is being transported by water between the ship and land. 

Whoever is providing the transport is strictly liable if injury is caused to a passenger by:

• A shipwreck
• Capsizing
• Collision or stranding of the ship 
• Explosion or fire in the ship
• Defect in the ship

Like with the Montreal Convention if the carrier can prove they are not at fault or someone else is to blame they can cap compensation to around £250,000.

There are a few countries including the USA, Canada, Australia and Singapore who have not signed up to this treaty,  and you should seek specialist legal advice to understand your rights.

If your injury wasn’t caused by a shipping incident but was caused by an accident which wasn’t your fault and by the negligence of someone else then you may still be able to make a claim.  

It is important to know if a foreign law applies to your case, as the time you have to bring a claim may be shorter than in Scotland and you must seek legal advice at an early stage. 

What law applies if you are injured abroad?

Most people assume that because the claim is brought in Scotland, Scottish law will apply to the case - but there are a lot of factors that determine which law applies. 

For example, if your injury or illness happened in Spain during a package holiday then Scots Law would apply, but we would have to be guided by local standards to work out if there was a breach of those standards.

For illnesses and injuries that happen outside of a package holiday the law of the country where it happened will apply in most circumstances. However, if you and the person responsible for the accident both live in the same country then the law of that country would apply. 

In some cases if the negligent act is connected to someone from another country then that law may apply, but this is only used in unique situations.

If foreign law applies to the claim then it will govern all aspects including liability, the amount of money you can claim for and any time limits to make a claim.

The law is complicated. There is a whole degree course dedicated to foreign and travel law and people spend years studying it, so don’t worry if you are struggling to make sense of it all; that’s our job. 

There are several factors which could impact a claim for compensation following an accident abroad which is why you should always seek expert legal advice. 

What to do if you are involved in an accident abroad

Becoming ill or injured on holiday can be incredibly distressing, especially if you’re far away from home and don’t speak the language. 

The last thing you’ll be thinking about is gathering evidence, but it’s a crucial step to support any claim you might want to raise.

• Take photos or videos of your injury and where it happened
• Gather witness details before you leave the country
• Get a copy of any hospital records, including any test results
• Make sure an accident report is filled out and you get a copy
• If you’re on a package holiday make sure you report the accident to your rep

Once you are safe it might be tempting to go to your travel agent for help but they don’t have the right expertise. 

You should contact an independent law firm with specialist knowledge of foreign and travel personal injury claims to make sure you get the right help at the right time. 

Digby Brown has a dedicated team of personal injury lawyers who specialise in helping people who have been injured abroad. It matters to us that you get the right help and support following an accident.