A quick guide to litigating after a disastrous holiday experience
If you have been unlucky enough to have something go horribly wrong while you were on holiday you will know how tough it can be to get proper compensation. The fact that, often, the problem occurred in another country is just one of the issues you face. Finding a lawyer who has the necessary expertise to build your case is another. The other is the fact that you may need to find the money to pay the lawyer upfront.
Why class action litigation is usually a better option
Fortunately, that is to join a class-action and pursue your case alongside other holidaymakers who were affected in a similar way as you. There are several good reasons for considering this approach.
Bigger settlements
Often class action settlements are bigger than those that can be secured by a single litigant. There tends to be more evidence available to the prosecuting attorney.
The chances of one litigant having gathered all of the possible pieces of evidence are quite low. They are usually under stress at the time of the incident, so are bound to forget something important. But, when there are multiple litigants involved there is a good chance that when you put all of those sources of evidence together everything you need is there. Naturally, this makes it easier for a lawyer to build a robust case, one that can lead to higher payouts.
No need to pay lawyer fees upfront
Many class-action lawyers operate on a no win no fee basis. For people who do not have big cash reserves having to pay a lawyer, upfront is just not possible. As a result, they have to let things like a ruined holiday slide and foot the bill themselves. The fact you can hire a no win no fee lawyer gives you a way out of this situation.
Finding a class-action
However, to be able to take this approach you have to club together with other holidaymakers. That means that you have to find them and know about the legal action they are taking.
Speak to other affected holidaymakers
The best way to do this, by far, is to swap details with a few people. If, for example, you find yourself on a cruise ship where there has been an outbreak of Norovirus a lot of people will be affected. In all likelihood, you will end up having conversations with other passengers who have suffered as you have. When you do so, mention the fact that you are considering suing. If they show an interest ask them if they would like to swap details. That way if you do decide to take legal action you can potentially do so together. You only need a handful of litigants to put together a strong class-action.
Contact a lawyer while you are still on holiday
If you have a lawyer at home on retainer, giving them a call while you are still on holiday can be a very good idea. Often they will be able to guide you about what type of information you need to collect to strengthen your case. This evidence could prove invaluable. But, in many situations, once you get back home it will be impossible for you to gain access to it. So, that short conversation with your lawyer back home could prove to be invaluable.
