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Claiming personal injury compensation in Spain: A guide for non-Spanish nationals
British nationals still continue to find Spain a popular holiday destination due to its warm climate and vibrant culture. However, foreign nationals should be aware of the dangers that can arise when on holiday. If you have an accident in Spain, you may be entitled to compensation depending on a number of factors. It is important to understand the personal injury claim process and what is expected from you at every stage.
This guide will focus on what happens during the process of accident claims for personal injury compensation in Spain.
Click on the links below to jump to that section:
Find out about the most common personal injuries in Spain, and what foreign nationals should do.
Discover the different aspects of a personal injury compensation claim, and the factors that determine the amount of compensation you are likely to receive.
Find out more about the personal injury claim process and what you should do if an accident occurs abroad.
Discover how Giambrone & Partners can help you claim compensation in Spain.
The most common queries on personal injury in Spain.
What type of personal injury can I claim compensation for?
Personal injury covers a wide range of injuries, damages, and illnesses that have occurred whilst abroad. This includes physical injuries and illnesses, such as a broken hip or food poisoning, and psychological injuries, where an accident may have impacted their mental health and cause conditions such as anxiety disorders and PTSD. In Spain, common personal injuries include:
Accidents involving Spanish package holidays
Many people, stay in Spanish hotels as part of a package holiday. Hotels are a common place for an accident to occur. Often an improper or badly maintained structure is involved or negligence by staff may result in an incident. In these holiday injury claims, the hotel may be at fault, and you may be entitled to compensation.
Giambrone & Partners have extensive experience in successfully claiming compensation for personal injury claims in Spain. One previous case resulted in obtaining several thousand euros in compensation for our client who fell whilst on holiday in Spain.
Find out more about our recent personal injury cases here.
Food poisoning
Bacterial infections, such as food poisoning, may occur at an all-inclusive hotel or in Spanish restaurants. Food poisoning has a negative impact on the rest of your holiday time, and may force you to be unable to attend previously booked activities.
Instructing multi-jurisdictional, multi-lingual lawyers can help you determine whether you are entitled to compensation, and if a third party is liable.
Contact Giambrone & Partners today to speak to a personal injury lawyer.
Road traffic and car accidents
Although Spain has a low rate of fatal road accidents compared to other EU countries, there is still a risk to foreign nationals when driving. In 2022, there were 1,043 fatal injuries in Spain, where 4,008 people were seriously injured. Some accidents could result from the differing road laws and signage that may confuse drivers unfamiliar with Spanish roads.
If you are involved in a traffic accident (accidente de trafico), it is essential that you obtain the full contacts details and any other relevant information regarding any party involved, including their name, address, NIE number, and car details. Gather as much evidence as possible, which will help in a personal injury claim due to negligence.
If you have had a road accident, contact Giambrone & Partners who will guide you as to how to make a claim.
How is compensation calculated in Spain?
For personal injury in Spain, there is no set amount for compensation. Instead, multiple factors are considered and determine the overall cost. Elements that are taken into account during personal injury claims include:
Degree of suffering
Pain
Recovery time
Loss of income
Financial impact
The amount of compensation should relate to any injuries sustained and reimburse the injured party for any financial losses incurred as a result of the accident. It is important to remember that every personal injury claim is different, and the amount of compensation will inevitably vary.
Discover our holiday compensation calculator here.
What is the accident abroad claim process?
After an accident occurs in Spain, you may be entitled to compensation. The first step is to ring Spanish emergency services (112) for serious accidents. Do not overlook any medical expenses. It is also important to obtain a report from a medical professional detailing with your injuries outlining the extent and consequences of the injuries.
Record comprehensive details of the accident
This includes the date and time of the accident, and details of any third-party individuals or companies involved. Collect and note down this evidence as soon as possible may help with the personal injury claim should the claim be dealt with through the Spanish courts.
Note any expenses
This includes any expenses you have had to pay because of the incident, such as childcare, travel, and medical expenses.
Contact personal injury lawyers (Abogados)
It is important to seek legal advice for expert personal injury lawyers qualified in Spanish law as soon as possible. International personal injury lawyers will be able to speak to you in your own language and explain the procedures during the personal injury process. They will be able to provide details on the estimated time frame of the claim, and the potential amount of compensation you may be entitled to and try to negotiate a settlement.
Giambrone & Partners has a team of multi-jurisdictional personal injury lawyers who have experience in successfully claiming compensation for accidents that occurred in Spain.
Contact Giambrone & Partners today for more information.
Letter of claim
A letter of claim will be sent to the individual or organisation deemed to be responsible for the accident who may be liable to pay compensation in personal injury claims. If no liability or partial liability is not accepted by the third party, personal injury proceedings may have to go through Spanish courts.
Find out more about how to report personal injury in Spain here.
Spanish courts
If the claim goes through Spanish courts, the time frame may be lengthened, and the amount of compensation determined by the court. At the hearing, the judge will assess all evidence provided by both sides to make a decision.
In these cases, it is important to have reliable expert representation and sufficient evidence to support your personal injury claim.
Discover more about what to do after having an accident in Spain here.
How can Spanish personal injury lawyers help with claiming compensation?
Giambrone & Partners is an international law firm with experience in successfully claiming compensation. Our personal injury experts will use their expertise to recover the maximum award possible and provide advice throughout the process. This includes:
Reconstruction of road traffic accidents
Forensic investigations
Contact our international personal injury team today to find out more information.
Frequently asked questions
What documents are required to make a personal injury claim?
In personal injury claims, you must gather as much evidence as possible. This includes medical reports that detail the extent of your injuries, a Local Standard Report which outlines the varying safety standards (for example, Spain and the UK) if there is a dispute concerning the building standards, and a letter of claim.
Find out more about the holiday accident claim process here.
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