Significant changes to accident compensation for injury abroad
A European Court of Justice ruling may well impact on UK citizens who suffer an accident or injury abroad. The ruling will apply to claims for injuries suffered after 11th January 2009 and the rule change means that compensatory levels for injuries in an EU country will be set according to the levels of the country in question. Previously the level of damages would be according to English law for UK citizens.
This may result in lower damages although the level of compensatory damages generally under English law for pain and suffering is not generous in any event, especially compared to the US legal system.
Where the impact may be most significant may relate to the smaller number of serious injuries where special damages for lengthy or lifelong periods of loss of earnings and care costs may be awarded under English law, and jurisdictions do differ on this head of claim. Cases may take longer and interim damages may not be available under different jurisdictions Interim payments can be very important where cases take a long time to get near court and the injured party has little or no income and significant medical needs.
Foreign Office figures for last year state that there were over 3,700 serious injuries abroad for UK nationals which necessitated assistance from UK embassies or consulates. The number of overall injuries is significantly higher.