Taking a break from the stresses of daily life is essential for every family, but for families with a child living with a brain condition, finding the right kind of holiday can present unique challenges. Not only do you need to find a destination that is accessible, but you also must consider the logistics of having the right equipment and support in place to ensure your child’s safety and well-being. Fortunately, there are a variety of options available for accessible holidays, and in the context of a clinical negligence claim, the costs associated with these specialised holidays can often be claimed as part of the compensation.
1. Why These Claims Are Important
When a child sustains a brain injury, the impact on the family is profound. Not only do families have to navigate medical treatment, rehabilitation, and day-to-day care, but they also face the emotional and financial strain of providing for their child’s ongoing needs. A well-organised holiday or recreational activity can provide much-needed respite and allow families to bond in a supported, stress-free environment.
By including the costs of accessible holidays and activities in a clinical negligence claim, families can ensure that they are not left out of pocket while trying to make the most of their time together. The right holiday can provide vital rest, enjoyment, and recovery, both physically and emotionally, and it can play an important role in the long-term well-being of a child who has suffered a brain injury.
2. Accessible Holidays/Activities for Families with a Disabled Child
When it comes to planning a holiday for a family with a child who has sustained a brain injury or has other complex needs, accessibility is key. Many resorts, holiday parks, and activity providers offer adapted services to ensure that children with disabilities can enjoy their time away, with all the necessary support in place.
Examples of organisations that can offer holidays or recreational activities to disabled people and their families include:
- Enable Holidays – provides accessible holiday planning and booking services for people with disabilities, offering a range of fully accessible accommodations and destinations.
- Center Parcs – offers adapted lodges with accessible features for guests with disabilities, providing facilities for a range of mobility needs.
- Calvert Trust – provides outdoor adventure activities and accommodation for people with disabilities.
- Disability Snow Sport – offers adaptive skiing and snowboarding experiences for individuals with disabilities, providing tailored instruction and equipment to help them enjoy winter sports.
- Surfability UK – specialises in providing surfing lessons for people with disabilities.
- Merlin Pass – provides disability access through a “Carer Pass” offering free entry for a carer when accompanying a disabled guest, as well as priority entry and assistance at various attractions across its theme parks.
- Disabled Holidays – offers accessible travel services, including specially adapted accommodation and transportation, to a wide range of destinations across the UK, Europe, and beyond, ensuring inclusive travel experiences for individuals with disabilities.
- The Wetwheels Foundation – provides accessible boating experiences for people with disabilities, offering a range of maritime activities designed to promote inclusion and improve well-being
- Disney Resorts – offer comprehensive disability access, including wheelchair rentals, accessible attractions, priority seating, and a Disability Access Service (DAS) to assist guests with mobility, sensory, and cognitive impairments in enjoying the parks as well as Disney Cruise holidays.
- Disney Cruises – offers a range of disability services, including accessible staterooms, personalised assistance, and special amenities to ensure an inclusive and enjoyable experience for guests with disabilities.
- There are a number of cruise ship holiday packages that offer services catering to disabled guests, including accessible cabins, specialised equipment, and tailored services such as priority boarding, accessible shore excursions, and onboard assistance, ensuring a comfortable and enjoyable experience for all passengers.
3. How These Holidays Can Be Covered in a Clinical Negligence Claim
In the case of a clinical negligence claim involving a child who has suffered a brain injury, it is often possible to claim compensation for the additional costs associated with accessible holidays and recreational activities. This can help ensure that the family is able to take a proper break without the financial burden of organising a specialised trip, and be able to relax and enjoy the fun knowing the right support is on hand.
Examples of what can potentially be included within a claim are:
- Additional Costs of Accessible Holidays
Whether you choose a holiday in the UK or abroad, the additional costs of an accessible family holiday can be claimed. This can include the additional costs of booking larger or adapted holiday properties or hotel rooms. - Carer’s Costs
If your child requires a carer to accompany you on holiday, the cost of this support can also be included in the claim. This ensures that you and your family can enjoy your time together without the added pressure of caregiving, allowing you to fully relax and make the most of your holiday with your child. - Holiday Equipment Hire
For some families, hiring specialist equipment, such as mobility aids, medical devices, or accessible vehicles, is necessary to ensure the holiday is enjoyable and safe. The cost of renting this equipment, whether for a short break or an extended holiday, can be incorporated into a clinical negligence claim. - Purchasing Adapted Accommodation or Equipment
In some cases, it may be beneficial for the family to purchase an adapted holiday home, or caravan. This provides a familiar environment for your child, which can help reduce anxiety and provide a sense of routine during the holiday. - Accessible Travel and Transport Costs
Travelling with a disabled child often requires additional planning and costs. This could involve booking accessible flights, trains, or taxis, additional support at an airport or station, and ensuring the transport is equipped for any mobility aids or medical equipment your child may need. These additional costs can also be part of the compensation claim.
How We Can Assist
CL Medilaw specialises in supporting children who have suffered brain injuries as a result of medical negligence during pregnancy or childbirth, along with their families, to secure the compensation and assistance necessary to navigate the challenges that such an injury presents. We understand the importance of not only providing the child with essential medical and practical support, but also ensuring access to recreational activities that enables them to lead a fulfilling life.
We have helped many families recover compensation to cover the cost of holidays, such as trips to Disney World, cruise destinations, and Centre Parcs. This has included the cost of any adapted accommodation or specialised equipment required to ensure the family can fully enjoy the experience as well as any additional expenses associated with the holidays that would not otherwise have been needed.
Beyond holidays we have also ensured that money is available as part of the compensation claim to ensure the client can participate in everyday activities that bring enjoyment and enrichment. For example, one of our clients regularly attends horse riding lessons tailored to their individual needs, with the cost of these lessons being covered as part of the claim. This enables her to engage in a hobby she loves, fostering both personal development and a sense of achievement.
Amy Milner is a Senior Associate at CL Medilaw who works closely with many families with children who have acquired a brain injury due to negligent medical care. CL Medilaw are dedicated to changing the lives of their clients by making legal matters as straight forward as possible and securing early provision of support to really make a difference to the families they represent. You can contact us either by email at [email protected] or by telephone on 0345 2410 154.
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