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How do you report personal injury in Spain?
In a recent survey, there were approximately 313,975 British nationals residing in Spain; a figure that has continued to rise post-Brexit and after the restrictions of the COVID-19 pandemic had loosened. If you or your family member has had an accident in Spain, there is the possibility you will be able to make a claim and receive significant compensation from those at fault.
In this guide, we explore the process of reporting personal injury in Spain, and why it is important to hire international and multilingual solicitors for guidance.
Click on the links below to jump to that section:
Discover what is meant by personal injury and the most common types.
Read about the process of reporting personal injury in Spain.
Read about the different considerations you should make before suing for personal injury.
Find out the most frequently asked questions on personal injury in Spain.
What is personal injury?
Personal injury is the legal term for a type of damage to a person, as opposed to damage to property or reputation. For example, this could be a physical injury, disease or illness. Different types of personal injuries may occur in Spain:
Road traffic accidents
If you are driving in Spain and are involved in a traffic accident (accidente de trafico), it is important to gather as much evidence as possible. This may include taking down the information of any other driver in the accident, retrieving statements from any witnesses, and taking any pictures or videos of the damage.
Although road accidents do occur, sometimes it can be hard to determine who is at fault. To receive compensation or to make a personal injury claim in Spain, consider hiring international Spanish solicitors who will be able to assist with communication.
Hotel accidents
Often British nationals will stay in hotels while on holiday abroad. Improper structure or negligence by hotel staff may lead to an accident occurring. Whether this is slipping, tripping or falling, or experiencing food poisoning after eating at the restaurant, the hotel may be at fault, and you may be entitled to compensation.
Having an accident abroad can be a daunting experience, especially if you do not understand the language or the laws. Consider seeking legal advice from multilingual solicitors who will be able to provide sound guidance.
Contact Giambrone & Partners today to see how we can help you with your personal injury claim.
For more information on what British nationals should do if they are in trouble in an EU country, such as Spain, read our original research here.
How do you report personal injury in Spain?
Since the Brexit deal that commenced on the 1st of January 2021, there has been a change in how British nationals make personal injury claims. The “Brussels Regime” dictates that claims will follow the country’s laws in which the accident took place; irrelevant of the nationalities involved.
After the accident occurs, if necessary, you should first call the Spanish emergency services (112) if you require assistance. Before making your claim, make sure to gather any evidence that shows your injuries, such as a medical report, as well as any proof that the other party is in the wrong.
You can then contact Spanish personal injury solicitors for assistance in making your claim.
Quantum report.
A Quantum Report’s purpose is to estimate the claim’s value, taking into account the injured party’s ongoing care and rehabilitation requirements. The individual’s recovery time must be considered, including a reasonable expectation of eventual recovery and outlining how much this will cost.
At Giambrone & Partners, we can undergo Quantum Reports as part of our personal injury claim.
Find out more about Quantum Reports at our website.
Letter of claim
Once the decision to claim for personal injury or negligence has been made, a letter of claim will be sent to those responsible (for example, an organisation or employer). This document will outline your injuries and then it is up to the defendant (those responsible) whether they want to accept or deny liability.
If they do not accept full or partial liability, the claim is typically taken to the Spanish courts. In these cases, your solicitor will be able to advise you on the most viable options available and can represent you in court.
Discover more information about the personal injury claim process at the Giambrone & Partners website.
What should you consider when suing for personal injury in Spain?
If the accident occurs in Spanish territory, you will need to follow the country’s process for personal injury claims, despite not being a Spanish resident. This also means that, as compensation in Spain is based on a point system, gathering as much evidence as possible is key.
What evidence is there?
When possible, you should gather as much evidence following an accident. Photographic evidence may help prove your case and assist in your personal injury claim; so, ensure you are taking photos of any injuries to the body and any property.
Log any expenses, including childcare, travelling, and/or medical expenses. This can be used in your personal injury claim and totalled in the final compensation.
Hiring our Spanish solicitors can help move the personal injury claim forward, as we specialise in the gathering of evidence and providing clients with the compensation they deserve. This involves reconstructing road accidents to back up any evidence and providing forensic investigations.
Find out more about our Spanish personal injury services here.
Choose a “no win, no fee” solicitor.
Using a No Win, No Fee solicitor is strongly encouraged. The claim process won't require any upfront payments from you. Additionally, if your case is unsuccessful, No Win, No Fee personal injury solicitors will not charge you any legal expenses, significantly reducing financial risk.
Start a personal injury claim online today.
Hire an international solicitor who understands Spanish law and can communicate with you in English.
To make this process run as smoothly as possible, consider finding the most suitable support. Giambrone & Partners is a team of international and multilingual solicitors who understand the laws of varying countries and can offer sound advice in different fields.
For Spanish personal injury claims, our specialists (or Abogados) will be able to assist in gathering evidence, including reconstructing the accident, forensic investigations, local standard reports and quantum reports. All while translating any Spanish documents and communicating with you in English.
If you are looking for an international solicitor to help with your personal injury claim, contact Giambrone & Partners today.
Frequently asked questions
Does travel insurance cover personal injury?
Before going on holiday, you should always consider taking out travel insurance as extra protection if something goes wrong. Travel insurance can help protect you against a variety of factors, including, cancellations, lost or stolen baggage, and personal injury.
Following an accident, you should seek legal advice as soon as possible to determine whether there is blame. Your solicitor will be able to gather any evidence and offer guidance on how Spanish law operates.
Find out more about the holiday accident claim process here.
What is a Golden Visa in Spain?
The Golden Visa is an incentive for non-Spanish citizens to purchase Spanish property, as an investment of €500,000 in Spanish real estate enables an individual to gain family residency. This visa can be renewed every two years, and after five years, non-EU citizens may apply for permanent residency.
Discover more about a Golden Visa at the Giambrone & Partners website.
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The benefits of working with personal injury lawyers in Spain