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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.
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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.
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.
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.
Giambrone & Partners provides a free consultation to discuss your personal circumstances and estimated 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.
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.
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