Limitation Period For A Personal Injury Claim In Spain? – How Long Do I Have To Claim Compensation?
How Long Do You Have To Make A Personal Injury Claim After An Injury In Spain?
If the worst happens whilst you are on holiday in Spain, whilst your initial attention is focused on getting well, you may also wonder that the limitation period in Spain for a personal injury claim is? If you live in the UK, but suffer a Spain holiday accident or Spain holiday illness, you could be entitled to make a personal injury claim. In the UK you will generally have three years from the date of your accident, or discovering you are ill in which to make a claim. This will hold true if you need to bring a claim against a package holiday provider based in the UK. However, the Spain limitation period is different if making a claim against a Spanish business.
No matter whether you suffered a car accident in Spain, were injured in a restaurant in Spain, or suffered a hotel accident in Spain our expert team could help you to make a personal injury claim with a specialist solicitor.
Find out more by reading the rest of our guide to the limitation period for a Spain personal injury claim below, and when you are ready, contact our team on 0800 073 8804 to start your personal injury claim in Spain.
Personal Injury Claims Time Limits In Spain
The amount of time you have to make a personal injury claim in Spain after an illness or accident does vary depending on the circumstances of your injury, and who you need to bring a claim against. As with any personal injury claims, those made against someone in Spain should be brought as quickly after the fact as possible to give your personal injury solicitor sufficient time to compose and submit your claim.
| Cause of Spain holiday illness or accident | Spain limitation period for claiming compensation |
|---|---|
| An accident in Spain or illness whilst on a trip you booked yourself/ privately/ not through a UK-based tour company. ( A Non Packaged Holiday ) | 1 year. Please note, time limits for these types of claim can vary. We advise your to speak to a personal injury lawyer as early as possible. |
| Illness or injury on a flight you booked yourself (ie. not through a tour operator) travelling from the UK to a international airport in Spain. | 2 years in which to bring your claim. |
| Compensation for a Spain holiday accident or illness which happened at a hotel, whilst on a packaged holiday, activity or excursion which was booked through your tour operator based in the UK. | 3 years in which to bring your claim. |
To find out how long you have to bring your claim, talk to a specialist personal injury solicitor as soon as possible after your accident or illness, or when you return to the UK.
What Can You Claim Compensation For After An Accident In Spain?
Whilst you may be concerned with the Spanish limitation personal injury period, you may also be wondering what you can claim for. Whether you were injured in a car accident in Spain, were, injured in a restaurant in Spain, suffered a hotel accident in Spain, or experienced any other type of accident in Spain, you could be wondering what you could claim for.
In general when making a claim with a personal injury lawyer, there are several things you can claim for. The first is general damages which are based upon and awarded for your injury or illness itself. The more severe your injury or illness, the higher your award may be.
The second component in a personal injury claim is special damages. These are awarded for any expenses that you have incurred as a result of your injury, illness, or accident. Expenses you can claim compensation for might include the cost of medical treatment (either in Spain or back in the UK) the cost of prescription medication (again in Spain or the UK). You can also claim for the cost of childcare, travel expenses (even return flights to the UK if medically necessary) and the cost of getting to and from a doctors. If you have had to adapt your home or car as a result of your accident, or need to have a carer, these costs can be recovered as part of your claim. You could even be able to claim for childcare in Spain, or the UK.
Personal Injury Claims In Spain Compensation Calculator
In our personal injury claims calculator below, we look at some of the most common types of injury you might have suffered whilst on holiday. These include common injuries from slips, trips, and falls, as well as from road traffic accidents. The figures provided are taken from guidelines produced by the Judicial College in the UK and are applicable to claims which are brought in the UK against UK based companies, such as an airline or tour operator. They are illustrative of how much you could be awarded and you should be aware that your settlement could vary from these, especially if brought in the Spanish courts.
| Nature and severity of injury | Further information | Settlement banding |
|---|---|---|
| Neck Injuries – minor | Minor injuries such as a cut or abrasion, as well as minor strains and sprains which will heal quickly. | Maximum award £2,150 |
| Neck Injuries – moderate | These will hurt more and take longer to recover from. The longer they take to heal, the higher the settlement. | Between £6,920 & £33,750 |
| Neck Injuries – more severe | These might have a long term effect on the claimant. | Between £39,870 & £130,060 |
| Back Injuries – minor | Minor injury types which will not leave any lasting damage or effect on you. | Maximum award £10,970 |
| Back Injuries – moderate | Soft tissue injuries, such as those to the connective tissue or musculature. Will be painful during recovery. | Between £10,970 & £34,000 |
| Back Injuries – severe | Might include a broken back or other injury which has a long-term effect. | Between £34,000 & £141,150 |
| Leg Injuries – minor | Soft tissue injuries which might include minor sprains or simple fractures. | Maximum award £10,380 |
| Leg Injuries – less serious/ severe | Fractured leg bones which leave you unable to walk whilst they are healing. | Between £15,750 & £24,340 |
| Leg Injuries – moderate | Serious connective tissues or dislocated joints. May also include a compounded fracture. | Between £24,340 & £34,370 |
| Leg Injuries – serious | Much more serious breaks or fractures. You will be unable to walk for an extended period of time. | Between £34,370 & £48,080 |
Remember if you are making a Spain personal injury claim, the personal injury claims time limit can vary and you should start your claim as soon as possible.
No Win No Fee Claims In Spain
Some personal injury lawyers, solicitors, or compensation firms will ask you to make upfront payments, sometimes even for the entirety of the legal fees, we do things a little differently. We like to offer all the clients we work with what is called a no win, no fee agreement. You may also have heard these called ‘conditional fee agreements’. They mean that you have access to the legal advice, services, and representation you need, without having to pay anything until your claim is resolved successfully. If we can not, or do not win your claim, you will not have to pay anything under your no win, no fee agreement.
Contact Legal Expert Today
If your trip to Spain was ruined by an illness, injury, or accident which was not your fault, our specialist team could help you make a claim. Contact us today using the number above or by emailing us on office@legalexpert.co.uk and start your claim.
Useful Links
Spain Accident Claims
How much compensation can you claim for an accident in Spain? Find out in this guide.
Canary Islands Compensation Claims
Find out how to make a claim for an accident or injury in the Canary Islands as well as useful information on how to get help.
Tenerife Compensation Claims Guide
Learn more about how to claim compensation for an injury, illness, or accident in Tenerife whilst on holiday in our guide.
Magaluf Holiday Compensation Claims
Find out information about what to do if you suffer an accident or injury in Magaluf such as how to get assistance or when you can get treatment, as well as how to make a claim when you return to the UK.
Jet2 Package Holiday Claims
If you were injured or became sick whilst on a holiday booked through Jet2Holidays, find out how to get the assistance you need, as well as how to claim compensation.
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