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Do I Need To Use A Spanish Lawyer For My Claim In Spain? – Personal Injury Solicitors

By Marlon Cooke. Last Updated 21st December 2022. If you sustain an injury while holidaying in Spain, you may wonder “do I need to use a Spanish lawyer for my claim”. At Legal Expert, we would work with you on a No Win No Fee basis offering the best advice on how to proceed with your Spain injury case.

You may be involved in a road traffic accident or slipped and fallen in your hotel. You may have sustained an injury in a restaurant or when you are in the swimming pool. Whatever caused your injury in Spain, you could be entitled to file a personal injury claim for compensation.

To find out more, please click on the Select a Section below:

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A Guide To Whether You Need To Use A Spanish Lawyer For Your Claim

do I need to use a Spanish lawyer for my claim

Road traffic accident Spain

Spain is a popular holiday destination and has been for decades. With so many people choosing to holiday in a Spanish resort, the number of accidents is high with people sustaining injuries through slip, trips and falls, food poisoning, falling and hitting their heads in swimming pools and being involved in road traffic accidents.

Many people ask us “do I need to use a Spanish lawyer for my claim”, and the answer is that if you sustained any sort of injury through no fault of your own and need to know more about how to file a personal injury claim in Spain, at Legal Expert we have years of experience in handling this type of case and would work with you on a No Win No Fee basis.

When Can You Make A Personal Injury Claim In Spain?

Should you have sustained an injury in Spain whether on a package or non-package holiday, you should contact a personal injury solicitor at the first opportunity. You can work with a Legal Expert and pursue your claim for compensation through the Spanish courts with our assistance.

What Can You Claim For After An Accident In Spain?

Tour operators and hotel owners have a duty under the Package Travel Regulations 1992, regulation 2 (1) to ensure that you are kept safe which applies to pre-booked package holidays purchased in the UK and you have a time limit of 3 years to file your claim.

A new Road Traffic Act came into effect on 1st January 2016 which amends Act 8/2004 pertaining to Civil Liability and Motor Vehicle Insurance. The Act in principle covers compensation awarded for road traffic accidents but is used in other personal injury claims by Spanish judges too. The things that can be included in a personal injury claim in Spain includes the following:

  • Damages – death, permanent life changing injury, temporary injuries
  • Financial loss
  • Loss of earnings
  • Loss of projected earnings
  • Medical expenses
  • Travel expenses to receive treatment
  • Care claim

Claiming For Restaurant Accidents In Spain

If you suffer a restaurant accident in Spain which includes developing food poisoning, it can ruin your holiday. A survey carried out several years ago showed that more British holiday makers suffer from a form of gastrointestinal disorder when in Spain than when they holiday in other parts of the world.

To find out how a Legal Expert personal injury lawyer in Spain can help you get the compensation your deserve, please call us today.

Claiming For Swimming Pool Accidents In Spain

A swimming pool accident in Spain can be devastating and can happen for a multitude of reasons. Statistics show that a large number of young British men sustain catastrophic injuries in swimming pools resulting in paraplegia or tetraplegia. Pool water can be contaminated which can lead to you suffering a particularly nasty bacterial infection known as Cryptosporidium.

Although based in the UK, Legal Expert can help. Contact us today and a personal injury solicitor can offer advice on how best to proceed with one of our Spanish lawyers all the while respecting the personal injury claims time limit in Spain.

Claiming For Road Traffic Accidents In Spain

Government statistics show there are around 30% more accidents involving cars in Spain when compared to the UK with Spanish motorways being especially treacherous.

If you are involved in a vehicle accident in Spain, you must report the incident to Spanish authorities, bearing in mind that criminal jurisdiction takes precedence over civil under Spanish law and that you can therefore be awarded personal injury compensation by a Spanish criminal court. In short, claimants typically file a formal complaint with a Spanish criminal court.

If you need advice following a car accident, please contact a Legal Expert personal injury lawyer in Spain today.

Claiming For Accidents At Your Hotel In Spain

According to Spanish law, a third party can be held responsible if you suffer an injury as a direct result of their negligence of failure to ensure you are kept safe. If you had a hotel accident in Spain, it’s essential that you seek legal advice as soon as possible because there is often a time limit involved and it is often much shorter than in the UK.

A lot of people ask us “do I need to use a Spanish lawyer for my claim”? At Legal Expert, although based in the UK, a personal injury lawyer in Spain can offer you advice on how best to proceed when filing for compensation.

Examples Of Compensation For Injuries In Spain

The table below provides an idea of how much you may be awarded in a personal injury claim. The figures are based on past successful claims and the Judicial College Guidelines. However, you may be awarded less or more than the amounts provided because each personal injury claim is unique.

Edit
Type of injury Notes Amounts awarded
Foot injuries Mild to very severe debilitating, life changing £12,050 – £96,150
Catastrophic injuries to one foot Amputation of foot £73,620 to £96,150
Catastrophic injury to both feet Amputation or loss of use of both feet £148,540 to £176,660
Neck injuries Minor to very severe up to £2,150 to £130,060
Back injuries Mild to very severe up to £10,970 to £141,150
Shoulder injuries Slight to very severe £6,290 to £38,280
Elbow injuries Slight to very severe £10,040 to £48,080
Arm injuries Slight to debilitating injuries £5,280 to £104,370
Ankle injuries Slight to very severe £10,960 to £39,910
Chronic pain Slight to very severe £18,480 to £73,670
Injuries involving paralysis – tetraplegia £258,740 to £322,060
Loss of earnings £5,500 to £550,000
loss of projected earnings £11,000 to £440,000
Care claim Amounts awarded depend on the level of care required

No Win No Fee Solicitors For Spain Claims

If you have been injured in an accident in Spain, you are not obligated to use Spanish solicitors. A UK solicitor could still help you claim.

If you are eligible to claim and wish to use legal help, a solicitor could offer you a Conditional Fee Agreement, which is a type of No Win No Fee arrangement.

This could typically mean:

  • You are not required to pay a hiring fee to your solicitor
  • You won’t need to make ongoing payments
  • If the claim is successful, your solicitor will deduct a legally capped success fee

Any payment they would take would only come from your compensation. If your claim does not succeed, you won’t be required to pay your solicitor for their work.

Contact Legal Expert Today

Speak to a personal injury solicitor today on 0800 073 8804 or request a “call back” by filling out the form provided.

Email us at info@legalexpert.co.uk and we will get back to within 3 hours.

Useful Links

To find out how No Win No Fee agreements can help you get the level of compensation you deserve – please follow the link below:

Working with a solicitor on a No Win No Fee basis

If you need help while holidaying in Spain, the following link takes you to the UK government site that provides contact details of consulates in Spain:

Emergency help for British Nationals in Spain

If you would like to find out more about your rights under The Package Travel, Package Holidays and Package Tours Regulations 1992, please follow the link below:

The Package Travel, Package Holidays and Package Tours Regulations 1992

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.