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How long is the limitation period for claiming personal injury in Spain? What should you do if you have an accident abroad?
With an estimated 16.5 million trips in 2022, Spain is the most popular holiday destination for UK nationals. Inevitably, due to the large number of tourists visit Spain every year, accidents may happen, especially in common places such as the road or in hotels. Personal injury can result in anything from physical injuries or illness to psychological damage arising from an accident. If an accident occurs, you may be entitled to compensation should a third party be deemed to be liable, however, the claim must be made within a certain period.
This guide will look at the limitation period to make a claim for personal injury in Spain, and highlight the benefits of working with international and multilingual lawyers (Abogados).
Click on the links below to jump to that section:
Find out more about what type of evidence you should get before making a personal injury claim.
Find out the limitation period for making a personal injury claim in Spain.
Discover the different types of costs you can claim for in Spanish personal injury cases.
Find out how Giambrone & Partners can help you with personal injury.
Read the most common queries on Spanish personal injury.
The evidence should you gather when making a personal injury claim
If you have experienced an accident whilst on holiday in Spain, ensure you gather as much evidence as possible if you believe a third party or organisation is at fault. Gathering evidence can help strengthen your case if a case is brought before a Spanish court. If the third party does not accept liability or partial liability, strong evidence will help prove that you are entitled to compensation from a third party.
Information
It is important to gather as much information as possible, including the contact details of anybody who may be deemed at fault, witnesses and contact details relating to their insurers.
You should also note the date and time of when the accident occurred, the type of injuries or illness that ensued and where the accident occurred.
If you had to go to the hospital or seek medical care due to your injuries, you should make sure to take note of the names and wards of the doctors or medical staff that treated you. Include the dates and times of these visits as well as the extent of your injuries.
Photographs
Alongside contact details and information about the accident scene, take photographs of the accident scene, if possible, and any injuries sustained to help strengthen your case if you decide to claim compensation. Photographs of the collision’s impact and the aftermath should be taken.
Other evidence includes medical or police reports of the accident that state what happened, and receipts of any expenses directly arising from the accident, such as childcare and travelling costs.
Giambrone & Partners have experience in assisting with personal injury cases and helping gather evidence as part of the claim. Our Spanish personal injury lawyers can assist in reconstructing road traffic accidents, forensic investigations, Local Standard Reports and Quantum Reports.
Contact Giambrone & Partners to speak to one of our experts today.
How long do you have to make a personal injury claim after an injury in Spain?
After having an accident or claim for medical negligence in Spain, the limitation period is variable following the incident, or when you became aware of the injuries. Depending on the nature of the injury the limitation period can be between one or three years after the event. However, this may be subject to change depending on the individual circumstances. As aforementioned, gathering evidence at every stage of the proceedings can help strengthen the case.
Due to the limited time frame, it is important to instruct a lawyer and seek legal advice as soon as possible before sending your letter of claim. Giambrone & Partners’ Spanish lawyers (or Abogados) can help guide you through the personal injury claim process and ensure you know what is expected of you.
Find out more about how to claim compensation after an accident in Spain here.
What can you claim compensation for after an accident in Spain?
During your initial consultation with your personal injury lawyer, your options, including the extent of the damage and an estimated amount of compensation will be explained. However, there are multiple additional costs that you may be able to claim back for in your letter of claim. This includes costs related to your injury, such as medication costs, treatment and care that was required.
Quantum reports may be called for to establish the value of the claim including the extent of the ongoing rehabilitation and care needs of the injured individual. This may include future home adaptations, such as a stair lift or downstairs bathroom facilities. All these expenses may be able to be claimed for.
You may also be able to claim for travel to and from medical appointments, the cost of parking at a hospital, and unpaid time off work.
Ensure you discuss your options with multi-lingual and multi-jurisdictional lawyers who are experienced and competent in Spanish personal injury law.
Find out more about actions you should take after having an accident on holiday in Spain here.
Why should you instruct international and multi-lingual lawyers?
Giambrone & Partners is an international law firm that operates in multiple jurisdictions providing guidance to clients that have suffered a personal injury in Spain. We have extensive experience in Spain dealing with personal injury cases. Our highly experienced personal injury lawyers can help you claim compensation should an accident occur, and keep you informed during every step of the process.
Contact Giambrone & Partners to book your consultation.
Frequently asked questions
What are the different types of personal injury you can claim for?
Personal injury is an umbrella term for various injuries and illnesses. You can claim for compensation after an accident resulting in a physical injury, disease or illness and a psychological injury or illness. In Spain, some of the most common personal injury claims involve a road traffic accident and falls at hotels.
Find out more about personal injury in Spain with our expert guides here.
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