Generally speaking, traveling is a pleasure. It is exciting to see interesting places and enjoy new experiences. But, ever now and again, things can go wrong. Perhaps your plane is grounded, the firm you have booked with goes bust or the hotel you are going to fails to give you a room. Or maybe you fall ill because the air-conditioning has not been properly maintained or the food is poorly prepared.
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Should you seek holiday-related compensation using a class action?
When that happens, you naturally want to be compensated, but, knowing what to do to make sure that is what happens is tricky. It is not always obvious, so if you are wondering how do you start a class action lawsuit? read on. I’ve done a bit of research and come up with a simple step-by-step process that you can use to quickly get things moving.
When to choose a class action
You may be wondering why I have chosen to speak about class actions rather than you taking individual action. The main reason for doing this is that they are a very effective legal tool.
Joining up with fellow travelers who have been affected as you have means you can potentially benefit from their evidence as they can yours. If you say something happened a certain way and they say the same thing in a separate statement it makes what you are saying more believable. Likewise, if you saw a doctor because of diarrhea and sickness around the same time as 15 other people from your hotel it will be easier for someone to conclude that the hotel food was the likely cause of the infection.
In addition, usually, with this kind of legal action, there are no fees to pay upfront. Although you do need to check what percentage the attorney will take as their fee should the case be won.
Class actions are not the only option
So, if you are in a situation where lots of other people were affected more or less in the same way you were, a class-action is probably the way to go. But, it is still important to understand that this is not the only option. Not everyone feels comfortable taking legal action in this way.
It may be worth speaking to your travel insurance company
Plus, it is possible that your insurance company can help too. But, you do need to bear a few things in mind. Firstly, it is they that will likely to be the one who has to compensate you. So, naturally, that can skew things a bit. Many travel insurance companies treat their clients very fairly, but it is something to be aware of and keep an eye out for.
The other problem is that your policy may not cover the type of incident you are claiming for. Plus, even if there is coverage, there will be a limit to how much they will payout. It will be clearly stated. But, it is important to realize that using your insurance company only to make a claim can leave you short-changed.
If you are due compensation of $100,000 and your policy only covers you for $80,000 of damage that is all they will payout. The insurance company will likely mark the case as not settled. In that situation, you can try to get the other $20,000 out of the party that caused the issue in the first place. But, of course, that means you are back to hiring a lawyer.
You can find out more about what your travel insurance policy is unlikely to cover by going to this page.
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