Personal Injury Claims In Spain Guide – How To Claim Compensation For A Spain Accident Claim?

By Joanne Jeffries. Last Updated 27th May 2022. Welcome to our Spain personal injury claims guide. If you’ve had an accident on holiday in Spain, this guide should show you what you could do. It contains guidance on potential compensation payouts after suffering an injury in Spain as well as explaining how we could help those who’ve been on holiday in Spain and had an injury due to an accident that wasn’t their fault.

Have you been on holiday in Spain and had an injury due to someone’s negligence?

There is nothing that will spoil your holiday more than being involved in an accident. From water sports accidents and food poisoning to car accidents and slips, trips, and falls, there are so many different accidents that can happen while on vacation in any part of the world. In this guide, we are going to take a look at making a claim for an accident on holiday in Spain in particular.

Getting help after an accident on holiday in Spain

Here at Accident Claims, we have helped many people to get compensation after suffering an injury in Spain. We have years of experience in the industry, and we can help you to get the full payout you deserve for a medical negligence claim, car accident claim or any other personal injury case. You can reach us on 0800 073 8801. But don’t call us just yet! Make sure you continue reading to find out everything you need to know about these sorts of No Win No Fee claims and whether you’d need a Spanish lawyer to claim under Spanish law.

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Dealing With Your Holiday Accident In Spain

A Guide To Claims For An Accident On Holiday In Spain

Spain holiday accident Spain personal injury claims accident on holiday in Spain compensation payouts after suffering an injury in spain [h2/h3] injury in spain holiday in spain and had an injury

Spain holiday accident

If you have been involved in an accident on holiday in Spain and were injured as a result, the next step is to think about making a compensation claim. You need to determine whether you should use the services of accident lawyers. Of course, you want to make sure you get the compensation you deserve, but at the same time you certainly don’t want to waste your money if your case does not have a leg to stand on.

Keeping that in mind, this guide reveals everything you could possibly need to know. This includes details on the different types of claims, as well as an insight into how much compensation you may receive.

What do I need to ask after an accident on holiday in Spain?

But first, read on to discover the three key questions you need to ask yourself to determine whether or not you can make a claim.

  • Who caused the incident? In order to make a successful compensation claim, you need to be able to prove someone else is definitely at fault for your accident. You need to show that they made an error or acted negligently and that this resulted in your injuries. You cannot claim if you caused the incident, however, if you are partially responsible you may be eligible for a small amount of compensation.
  • When did the accident happen? A lot of people do not realise that there is a three-year time limit on all personal injury claims. This means that you have three years from the date of the accident to make a claim and court proceedings must be issued within this time frame. There are a few exceptions to this rule, and we will shed further light on the time limits below.
  • Did you see a doctor for your injuries? Last but not least, it is vital that you have seen a doctor for your injuries. You will struggle to find any accident lawyers that will take on your case if you have not. This is because the medical report that is provided by your doctor is the most crucial piece of evidence when making a claim. It states the injuries you have sustained and the treatment the doctor has advised. This will then be used to determine how much compensation you are entitled to.

This should give you a good understanding as to whether you are likely to be entitled to personal injury compensation in Spain. Continue reading our Spain holiday compensation guide to discover more.

The Most Popular Resorts In Spain

We can help you to make a claim no matter where in Spain you have been injured. With that in mind, let’s take a look at ten of the most popular resorts in Spain in no particular order…

  1. Barcelona
  2. Lanzarote
  3. Gran Canaria
  4. Mallorca
  5. Seville
  6. Tenerife
  7. Ibiza
  8. Fuerteventura
  9. Menorca
  10. Madrid

What To Do If You Suffer An Injury Or Illness On Holiday

From food poisoning to slips and trips, there are many reasons why people find themselves in a position where they want to make a personal injury claim for an accident in Spain. So long as the incident was not your fault, there is a very high chance that you will be entitled to compensation. Read on to discover some top tips for a successful claim…

Top tips

  • Choose a No Win, No Fee solicitor – There are many accident lawyers to choose from. Choosing a No Win, No Fee solicitor comes highly advised. You will not need to pay any money upfront to start the claim process. Moreover, with No Win, No Fee accident lawyers; if your case is not successful you will not have to pay any legal fees. This diminishes financial risk dramatically.
  • Keep proof of expenses – You should keep proof of any costs you have incurred because of your injury. You will be able to claim for these as special damages. Examples include everything from loss of income, to treatment expenses, to travel costs, to car repair bills.
  • Get contact details – You should make an effort to get the contact details of the person that caused the incident, as well as anyone that witnessed it. Witness statements can be extremely beneficial when it comes to making a strong case.
  • Contact your insurer – You need to call your insurer at the earliest opportunity so that you can make them aware of what has happened.
  • Claim as quickly as possible – It is advisable to claim as soon as you can. There are several reasons why this is recommended. Firstly, there is actually a three-year time limit on all personal injury cases, if you do not claim within this period you will not be able to get any compensation. Moreover, you will find it much easier to claim the sooner you do so, as everything will still be fresh in your mind and gathering evidence will be much more straightforward.
  • Jot everything down – Last but not least, it is always a good idea to make a note of everything that occurred as soon as you get a minute. By doing this you can make sure you do not forget any vital details later down the line.

How To Get Help – Emergency Services In Spain

Before going on holiday, it is always critical to jot down all of the important numbers you could need. The general number for emergencies is 112. You can also call 092 for the local police, 080 for the fire brigade, and 061 for ambulance services. You can also find the contact details for the British Embassy in Spain at the bottom of the page.

Paying For Medical Care In Spain

We have all heard those horror stories about people who go away on vacation only to be stung with a massive medical bill because of any injury or illness. To make sure this never happens to you, it is imperative to take out the correct insurance before your trip. You also need to make sure you take your GHIC card with you. This will give you access to reduced state healthcare and sometimes even free services. If you do not have one of these cards already, you will be able to get it from the UK Government website free of charge.

How Long Do You Have To Make A Claim In Spain?

Many people are unaware of the fact that there is a three-year time limit on all personal injury cases. A lot of people think that three years is a long time. However, court proceedings must be issued within this time frame. The three years begins from the date of the accident, yet there are a few exceptions. These exceptions relate to incidents whereby injuries have occurred over time and therefore it is impossible to pinpoint an accident date. Moreover, the personal injury claims time limit can differ based on the nature of your claim, as you can see in the table below.

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The circumstances of the illness or injury How long do you have to make a claim?
Accident on a package holiday – For those who have booked two of the following in the one package: overnight accommodation, transport and/or excursions. 3 years
Privately booked holidays Approximately 1 year – can vary.
Injury or illness that has happened while on your flight to/from the following airports…
–        Adolfo Suárez Madrid-Barajas airport, Madrid
–        – Palma de Mallorca
– Barcelona-El Prat airport, Barcelona
– Other Spanish airports that can fly to or from international destinations		 2 years

It is certainly worth using the services of accident lawyers sooner rather than later when making a claim. Not only do you have the time limit to think about, but also you will find it a lot easier to claim the sooner you do it. The details will be fresh in your mind and, therefore, you will have a higher chance of making a strong case. Not only this, but you will find it much easier to gather evidence, such as witness statements. After a few years, your witnesses may have moved to a new address or they may not remember the incident very clearly. If you want to make a compensation claim, get in touch with Accident Claims today.

Injury And Accident Claims In Spain We Can Help With

In the following sections, we look at some of the most common types of accident and injury on holiday. This list contains some of those which we most frequently help people to claim for. 

  1. Car accidents in Spain.
  2. Ferry and boat accidents in Spain.
  3. Moped or scooter accidents.
  4. Motorcycle accidents.
  5. pedestrian accidents.
  6. cycling accidents.
  7. Coach and bus accidents. 
  8. water sport or activity accidents. 

Spanish Package Holiday Accident And Injury Claims

Over 25 years ago, legislation came in place that made it easier for people to claim if they have been injured while on holiday and that holiday had been booked as part of a package deal. Prior to this, if you had been injured on an excursion, for example, you would have to make a claim against the local company, rather than the tour operator. This is no longer the case. Instead, you can make a claim directly against the tour operator who is at fault. In order for something to be classified as a package holiday, you need to have booked a deal whereby two of the following are incorporated: overnight accommodation, transport, and/or excursions.

Hotel Accident Claims In Spain

There are many different types of accidents that can happen while in a hotel in Spain. You could suffer an injury because the hotel has not been maintained properly, for example, you could fall because of a cracked pavement. You could also suffer an injury while using the facilities at the hotel. For example, you may suffer a sickness because of a chemical imbalance in the swimming pool. You could also have experienced an injury after or during a trip to the spa because a treatment was not carried out properly. Or, maybe you were injured while using equipment in the gym because it was not maintained correctly? As you can see, the scenarios vary considerably. However, one thing remains consistent, and this is the fact that we can help you to claim.

Accidents Or Food Poisoning At A Restaurant In Spain

A lot of people also experience food poisoning when they go on holiday. This is something you will also be able to make a claim for. A lot of people assume that food poisoning is a minor illness but this is not always the case. While most people do make a recovery within a matter of a few days, there are some people that experience life-threatening symptoms because of what has happened. The most common symptoms include the likes of nausea, dehydration, and sickness. You will need to prove that you suffered food poisoning from the restaurant or establishment in question, which is why gathering evidence like photographs is important.

Slips, Trips And Falls On Holiday

Slipping, trips or falls may happen anywhere, from boarding or disembarking the flight to your hotel or whilst participating in activities. In fact, slips, trips, and also falls account for the vast majority of personal injury claims that are made. There are so many different ways that these incidents can occur too, from slipping on a wet floor to tripping on a broken pavement.

Watersport And Outdoor Activity Claims

In Spain, activities could include water sports as well as similar sorts of activities. After all, a lot of people like to enjoy these sorts of activities when they go on holiday. From paragliding and banana boats to jet skiing and surfing, there are so many different sorts of activities you can enjoy while in Spain. If you have participated in one of these activities and you have suffered an injury because of negligence on behalf of the company carrying out the activity, you will be able to claim. Examples of this include when you have not been given the correct safety equipment, equipment has not been maintained, risks have not been explained, and you have not been given the correct instructions.

Road Traffic And Car Accidents In Spain

Have you been involved in a road traffic accident on holiday in Spain? Unfortunately, such incidents are not uncommon, and they occur in many different ways. In 2015, there were 91,570 road traffic injury accidents in Spain. Perhaps you were the driver of a vehicle that got hit by another car? Maybe you were the passenger of the guilty vehicle? Perhaps you were walking down the street when a motor vehicle knocked into you? The scenarios all vary. Nonetheless, when it comes to making a compensation claim, you simply need to be able to prove that someone else is at fault for your suffering. You need to prove that they acted negligently or made an error and that this resulted in the road traffic incident. If you can do this, then you should definitely think about using the services of accident lawyers to make a claim.

How to strengthen your claim for an injury in Spain

There are several ways you can strengthen your case by taking the proper course of action once the incident has occurred. It is vital to see a doctor. When people suffer minor injuries they often bypass a trip to the hospital, as they would rather cope with it themselves. However, if you do this then you are going to seriously ruin your chances of getting compensation, as the doctor’s medical report is the most crucial piece of evidence.

Aside from this, you should make sure you get the contact details of the person that caused the incident if possible. This includes their name, number, address and the details of their insurer. It is also worth making a note of their registration number and the make and model of their car. If there were any witnesses, you should try and get their contact information too, as witness statements can really help to strengthen a case. Take photographs if applicable. Not only of your injuries, but of any damage to your car or the street, as this will serve as great evidence.

The final thing you need to do is get in touch with Accident Claims. If you are looking for the best personal injury lawyer, there is no one better. All of our solicitors work on a No Win, No Fee basis and have an abundance of experience in the industry.

How Can Accident Claims Help You?

Can I Use A Solicitor Based In The UK For Spain Personal Injury Claims?

Yes, you can! A lot of people assume that they can only make a personal injury claim with the help of a solicitor that is based in Spain if they were to have been injured over there. This could not be further from the truth. Here at Accident Claims, we have helped many people who have been injured abroad. In fact, you will find it a lot easier to work with someone based over here.

How Much Compensation Can I Claim?

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How were you injured? Details of the injury Settlement amounts
Neck injuries Minor – Severe. Covering a very wide range of different types of injury. Up to £148,330
Back injuries Minor to Severe. Injuries to the back which cover a range of different severities and types. Up to £160,980
Shoulder injuries Minor to Severe. These are often associated with injuries to the neck as well. Could include fractures, breaks and other types of injury. Up to £48,030
Fractured clavicle How much you will be awarded depends upon the extent and severity of the fracture. £5,150 to £12,240
Pelvis and hip injuries Lesser through to Severe injuries. At the most severe there could also be dislocations and damage to the internal organs. Up to £130,930
Arm injuries Minor or Moderate through to Severe. At the highest end, these injuries fall short of being amputation level injuries. Up to £130,930
Wrist injuries Severities ranging A – F. Differing levels of injury and types of injury. Up to £59,860
Hand injuries Minor hand injuries up to the total effective loss of both of your hands. Up to £201,490
Thumb injuries Trivial thumb injuries up to the loss of your thumb. Up to £54,830
Knee injuries Moderate to Severe. Covering all injuries within these levels. Up to £96,210

No Win No Fee Claims For An Accident On Holiday In Spain

It is vital to find accident lawyers who are willing to work to a No Win, No Fee payment agreement. There are various reasons why this is the case but the main one is the fact that you will not be required to pay any legal fees if your case is not a success. This diminishes financial risk dramatically. If you were to go for a solicitor that charges by the hour there is always the risk that you will end up spending huge sums of money and then getting nothing in return if you don’t win your case.

Aside from this, you do not need to make a massive upfront payment to begin the claim process and you can be confident that the lawyer in question is only going to take on your case if they think it has a genuine chance of being successful. Here at Accident Claims, all of our lawyers work on this payment basis, so why not give us a call today?

How We Can Help You With Spain Personal Injury Claims

If you are thinking about using the services of a personal injury solicitor, you will need to take the time and make the effort to choose a lawyer with care. There are so many solicitors offering this service who claim they will secure compensation. However, going for the first solicitor you lay your eyes on or the cheapest one you can find is a big mistake to make. Instead, you need a professional with an impeccable reputation and someone who is willing to work to a No Win, No Fee agreement. This is why you need Accident Claims.

We are one of the leading law firms here in the UK.  Our team has helped an unbelievable number of people to secure the compensation they deserve. We have a great reputation in the industry. All you need to do is browse our website to see that this is the case. We make the claims process as easy as possible too. Simply follow the steps below…

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Contact our team by email, phone, or post. Our team will assess your claim. Once you are up to it, we can then begin your claim.

Start Your Claim Today

If you have been injured while on holiday in Spain, no matter the scenario, we can help you to get the compensation you deserve. All you need to do is call Accident Claims on 0800 073 8801. You will speak to a friendly solicitor, who will happily answer your queries and give you a realistic picture of your case. There are other ways you can get in touch with us too. As you will see on our homepage, there is a box on the right-hand side whereby you can enter your contact information and we will call you back at the earliest opportunity. You can also use the live chat feature to speak to one of our agents. Moreover, if you head to our contact page, you will see our email address or you can use the contact fill-in form.

Helpful Guides Relating To Spain Personal Injury Claims

We have plenty of guides on our website, which may be of use to you. This includes the following:

Accidents on holiday in general – Our guide shows more general information.

Booked with TUI? – Tui claims explained

British Embassy Madrid

Torre Espacio

Paseo de la Castellana 259D

28046 Madrid

Spain

Tel: (+34) 91 714 6300

Opening hours: Monday to Friday, 8:30am to 5pm

www.gov.uk/world/organisations/british-consulate-general-madrid/office/british-consulate-general-madrid

British Consulate General Barcelona

The Consulate in Barcelona provides services to Britons in Andorra, Aragon and Catalonia.

Avda Diagonal 477-13

08036 Barcelona

Spain

Tel: (+34) 93 366 6200

www.gov.uk/world/organisations/british-consulate-general-barcelona/office/british-consulate-general-barcelona

The British Embassy also provide consular services in Alicante, Ibiza, Las Palmas, Malaga, Palma de Mallorca and Tenerife.

The NHS on Accidents in Spain – More information on Spanish Accidents

Spain Personal Injury Claims FAQs

How much would I get for Spain personal injury claims?

When you make Spain personal injury claims, the amount you could receive would depend on the specifics of your case. It would need to be assessed how much you’d suffered and how bad your injuries were. You’d need to meet with an independent medical expert for assessment. They would need to examine you and detail your injuries and prognosis in a medical report. This would be used to give a value to your claim.

What evidence would I need for Spain personal injury claims?

It may be necessary for you to collect evidence such as photographs of the scene of the accident or your injuries, and you’d also need to be able to prove any special damages that you’d incurred as a result of your injuries. This may mean that you would need to keep bank statements and pay slips if you have lost out on income. In addition to all this if you could collect the details of any witnesses to your accident, this could be useful in proving your claim. If you’d like to learn more about the types of evidence you might need improve Spain to injury claims, please contact our team. We will be delighted to help support and guide you.

Would a local solicitor benefit me for Spain personal injury claims?

It is no longer necessary for you to opt for a local lawyer when you are making a claim for compensation. If you’re considering making Spain injury claims, you could use a solicitor that is authorised and regulated by the Solicitors Regulation Authority and is registered in England and Wales.

Could you give me an example of an accident on holiday in Spain?

In August 2021, unfortunately, a British tourist was fatally injured when crossing a road in the town of Marbella.

According to reports, the man, who was thought to be in his 20s, tried to cross at a well-known blackspot early one morning. According to speculation, the man was knocked down by a vehicle, near to the town of Puerto Banus.

Source: https://www.thesun.co.uk/news/15941463/brit-killed-crossing-motorway-marbella/

Could I claim if a child suffers injuries in an accident on holiday in Spain?

If your child suffers injuries in an accident on holiday in Spain, you could make a claim for them. They would not be able to make their own claim while they were still a child. This is because the law does not deem under 18s to have the legal capacity to make their own claims. Instead, you would apply to be a litigation friend. This is a position which allows you to decide on certain aspects of your child’s claim, such as whether you should accept a compensation settlement or whether you should ask the lawyer to fight for more compensation.

If you decide not to claim for your child, they could go on to make their own claims once they become an adult. However, as time passes, it might be more difficult to get hold of witnesses, for example, or find vital evidence. If you would like to speak to us about making a child accident claim, we would be happy to help you.

My loved one suffered injuries in an accident on holiday that killed them – could I claim?

If you lose a loved one in a holiday accident in Spain, you could be eligible to claim compensation for them. You could receive help with funeral expenses, as well as compensation for your loved one’s pain and suffering, for example.

Where can I find guidance on compensation payouts after suffering an injury in Spain?

When claiming for an injury that you sustained in Spain, the process can differ depending on how the accident occurred and who was liable. Additionally, the compensation payouts after suffering an injury in Spain that could be awarded will also vary depending on factors such as:

  • The severity of your injuries
  • How badly they continue to impact you in the future
  • Whether you have been impacted financially as a result of your injuries

To discuss your potential claim and the payouts you may be eligible to receive in more detail, call our team using the number at the top of the page.

Could I claim if I suffer an injury in Spain?

In some cases, you could claim if you can prove your injury was caused as a result of someone else’s negligence. This involves the person breaching the duty of care they owed you and causing you to sustain harm.

However, the process of claiming can vary depending on the specific circumstances of your case. For more information on whether you could claim after you went on holiday in Spain and had an injury, call our team.

Thank you for reading our guide to Spain personal injury claims. Hopefully we have given you useful advice on claiming for an accident on holiday in Spain.