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Making a personal injury claim for a broken hip in Spain What should foreign nationals know?
Personal injury covers many injuries, from a physical injury, such as a broken hip, to a psychological illness. Even with a minor injury, you be entitled to compensation following an accident in Spain.
This guide will focus on what the procedures if a foreign national breaks a hip in Spain, including how personal injury abogados (Spanish lawyers) can help.
Click on the links below to jump to that section:
Find out about the documentation necessary to make a personal injury claim in Spain.
Read our step-by-step guide to the personal injury process.
Discover the estimated compensation you can claim for a broken hip.
Find out the benefits of hiring personal injury lawyers for a claim in Spain.
Read the most common questions on personal injury in Spain.
What is required to make a personal injury claim in Spain?
Whether you are on holiday or simply there for work reasons, breaking a hip in Spain may entitle you to compensation. If a third party is liable, you will require certain documentation before making a personal injury claim through Spanish courts.
Comprehensive details of injuries and any treatment undertaken
Before claiming for a broken hip, you will need comprehensive information about the accident and the injury, including the date and time of the accident, and if a third party is involved. This may include the name of a business if the accident occurred on business premises, or individuals who may have been responsible for the injury.
Expert report from a medical professional
Gather as much evidence that can support your personal injury claim as possible. A medical report that details the extent of your injuries is essential and will help value your claim.
Any expenses
After the accident has occurred, you must keep a record of any expenses that have been incurred due to your broken hip. Examples include travel expenses that result from being unable to drive when travelling to the hospital, childcare and any medical expenses.
Some insurance policies cover legal expenses, which can help you pursue your claim.
Find out more about the accident abroad claim process here.
You may need a Quantum report
Although not always required, a Quantum Report may be able to further support your claim for a broken hip. This document outlines any future care needs and expenses as a result of the accident. Further care needs may include adapting your home by adding a stair lift or installing a bathroom on the ground floor.
Find out more about Quantum Reports for international personal injury claims here.
How do you make a personal injury claim for a broken hip?
Following an accident, you should call the Spanish emergency services (112). Gather as much evidence to support your claim, such as a medical report, if you believe there may be a claim.
Seek professional help from English speaking Spanish personal injury lawyers, who understand Spanish law and can communicate with you in your own language. Their expertise will help you understand if you have a case, how much compensation you may receive for a broken hip, and the personal injury process. This includes:
Letter of claim
Once a decision has been made to make a personal injury claim for a broken hip, a letter of claim will be sent to the organisation or third party who was at fault. This will outline the injury incurred and details how the injury occurred. If liability is accepted, matters may be settled outside the Spanish courts by negotiation.
Court proceedings
The personal injury claim will have to be brought before the Spanish court if full or partial liability is not accepted. The judge will examine the details and analysis all evidence presented and make a judgment. The “Brussels Regime” states that accident claims will follow the laws of the country in which the accident occurred.
At Giambrone & Partners, we have offices in the UK and across Spain.
Contact our international personal injury lawyers today for more information.
Find out more about the personal injury process in Spain here.
How much compensation can you claim for a broken hip?
There are many factors that are considered when the amount of compensation is decided. This includes the level of pain suffered, the limitations the accident placed on the victim, whether permanent or temporary, the recovery time, loss of income and the financial impact.
Whilst compensation may be in the region of several thousand pounds, it is important to remember that this number depends on each specific circumstance.
Giambrone & Partners has a team of specialist personal injury lawyers who have successfully helped clients claim thousands of pounds in compensation for accidents abroad. This includes one of our recent cases involving a claim for a broken hip amounting to €135,000 who had an accident on holiday in Sardinia.
Following an accident there is a limitation period after which a claim for personal injury cannot be made. It is imperative that legal action is taken as soon as possible to avoid the potential of being timed out and unable to make a claim.
Why should you instruct personal injury lawyers?
In Spanish accident claims, you will require lawyers that specialise in personal injury claims, who can advise you throughout the process and help you obtain the best outcome. This is also recommended if you do not speak Spanish or understand the country’s laws and legal proceedings.
have an extensive history in successful personal injury claims, including in Spain, Italy and Portugal. Our Spanish personal injury abogados (lawyers) can help you during the claim process, including:
- Carrying out forensic investigations
- Reconstructing the scene of an accident
- Providing Local Standard Reports and Quantum Reports
If you require help with a broken hip personal injury claim, contact Giambrone & Partners today.
Frequently asked questions
What type of accidents in Spain will allow a claim to be made from the UK?
If an accident occurs in Spain, your claim must be taken through Spanish courts. Our lawyers in our UK offices can liaise with colleagues that specialise in personal injury claim in Spain.
Common personal injury cases include road traffic accidents, hotel accidents, and bacterial infections (food poisoning).
Find out more about what happens if an accident occurs in Spain here.
Related content
Driving abroad liability – Spanish personal injury
What Should You Consider When Making a Claim in Spain?
The Benefits of Working with Spanish Personal Injury Lawyers