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What are the potential legal costs for a foreign national making a personal injury claim in Spain?
Foreign nationals, after having an accident in Spain, may wish to ascertain whether they are entitled to compensation, if the accident was no fault of their own. Road traffic accidents, hotel slips, and falls are common occurrences, in certain cases, it is possible that the individual or business who was responsible for the accident may be liable to pay damages depending on the circumstances. If you are considering claiming damages, you must first consider the personal injury process in Spain and the potential costs you may incur.
This guide will explore how personal injury is calculated, the legal costs the claimant can expect, and the benefits of hiring international lawyers.
Click on the links below to jump to that section:
Discover the personal injury claim process, and what factors determine the compensation.
Explore the different costs that a claimant may expect when claiming personal injury in Spain.
Find out whether your personal injury claim may be viable for a "no win, no fee" case.
Consider the various aspects that may affect the Spanish personal injury claim process.
The most commonly asked questions regarding personal injury in Spain.
How is personal injury in Spain calculated?
In Spain, there is no set amount for compensation when claiming for personal injury. Instead, the calculation is based on a points system: the number of days incapacitated in addition to any financial losses.
If you have had an accident in Spain, there may be somebody at fault who could be liable to pay you compensation. This may include physical, mental and emotional injuries or illnesses. Giambrone & Partners have provided a compensation chart with an estimated figure for various damages. However, you must remember that this amount may vary and is dependent on various factors. For more detailed information, please book a consultation.
Browse our holiday compensation calculation chart here.
Factors that may determine the amount of compensation
Each personal injury case in Spain is treated uniquely. Evidence should be gathered when preparing to claim personal injury, as this will help support the case should it go to court.
The judge will consider the pain and incapacity experienced resulting from the accident, which can be demonstrated by the length of time you have taken away from your work and also by the medical expenses incurred. Also considered is any financial impact or a loss of income. The claimant may be entitled to recover this if they have had to pay for medical treatment, paid care and assistance, or travel expenses.
Previous Spanish personal injury case:
Our client was on holiday, and, whilst on the ski slope, was struck and seriously injured by a drunken skier causing our client to suffer long term life-changing injuries. Our personal injury lawyers successfully obtained compensation amounting to several million pounds.
If you require further information, contact Giambrone & Partners to book a consultation with our expert personal injury lawyers.
What legal costs are there when claiming personal injury in Spain?
If you believe you have a strong case for compensation after an accident occurs in Spain, ensure you collect as much evidence as possible. This includes the contact details of any parties involved or who witnessed the accident. They may be able to provide additional supporting evidence to prove your claim. Also any photographs that can support your claim should be obtained.
If you have travel insurance you should contact your insurance company as soon as possible. Travel insurance should cover your medical and legal expenses, depending on the policy.
During the course of the personal injury proceedings, you may be expected to pay certain costs:
If the lawyer charges for the initial consultation
Seeking expert legal advice is recommended as soon as you believe you have a claim for personal injury. The multi-juridical lawyers at Giambrone & Partners can advise and guide you through the entire process and provide an estimated value for total compensation you may receive.
Giambrone & Partners provides a free consultation to discuss your personal circumstances and estimated compensation.
Court fees
This may include services of court-appointed experts (Peritos), notary fees, the cost of obtaining any evidence or reports, and the transcripts of testimony.
Legal fees
The costs involved when instructing international lawyers (Abogados) depend on the type of personal injury case, the extent of your injuries and the amount of supporting evidence you have. Experienced Spanish personal injury lawyers (Abogados) will be able to provide an estimate of the legal costs during the initial consultation, an approximation of the time period and amount of compensation.
Giambrone & Partners has a team of lawyers in Spain with extensive experience in personal injury proceedings. Our multilingual Abogados will be able to fight on your behalf to obtain the best outcome possible.
Find out more about our Spanish personal injury lawyers here.
The limited circumstances where "no win, no fee" may apply.
A contingency agreement between the lawyer and the claimant, commonly referred to as a “no win no fee” arrangement, may be appropriate in certain circumstances. "No win, no fee" is an arrangement where the legal fees and costs are only payable in the event of a successful outcome. There is no requirement to pay legal costs before the court hearing. A conditional fee arrangement is usually offered for larger claims, when there is a lot of supporting evidence, and there is a strong possibility of a successful claim.
"No win, no fee" removes the element of risk from large claims. If a conditional fee is offered, it indicates the level of confidence the law firm has in your case.
If the claim is successful, a pre-arranged legal fee will need to be paid, which will be determined during the initial consultation. This fee will be deducted from your compensation.
Giambrone & Partners offer a "no win, no fee" when a case is to be managed by alternative dispute resolution based on the case's merits.
Contact Giambrone & Partners today to book your initial consultation when looking to make a personal injury claim in Spain.
Things to consider about making a personal injury claim in Spain?
If you are looking to claim personal injury in Spain, consider certain factors:
Who is at fault
When an accident occurs, there is the possibility that a third party may be at fault and could be liable to pay compensation, regardless of whether this is an individual or a business. If you decide to make a personal injury claim, a letter of claim will be sent to the other party that outlines your injuries, why they are at fault, and the amount of compensation deemed to be appropriate. If they do not accept full or partial liability, the matter may proceed through arbitration or mediation or alternatively through Spanish courts.
Ensure you gather as much evidence as possible to support your case, and prove how the third party is at fault.
Time period
According to the Limitation Act 1980, compensation should be claimed within three years of the incident date, or from the date when it became apparent that your injuries and impediments were as a result of the accident.
Instructing international lawyers
To ensure the personal injury claim runs smoothly, you are advised to seek legal representation with expertise in the jurisdiction where your accident occurred. Giambrone & Partners have experienced personal injury lawyers (Abogados) in Spain, and have successfully obtained significant compensation for our clients. Our personal injury lawyers can assist with all aspects involved in making a claim from gathering evidence, reconstructing accident scenes, Local Standard Reports, and Quantum Reports.
If you require further information or advice from our lawyers in the personal injury department, contact Giambrone & Partners today.
Frequently asked questions
What should you do if you have an accident on holiday in Spain?
After an accident has occurred and injuries have taken place, call the Spanish emergency services (112). If you believe your injuries are serious enough to warrant a claim for compensation, ensure you gather as much evidence as possible, including any medical reports, as well as any proof of fault on the part of a third party, either an individual or business.
Find out about how to report personal injury in Spain here.