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How much compensation can I claim for injury in the Balearic Islands?

Holiday accident Balearic IslandsThe Balearic Islands are an ideal holiday location with flights taking just over 2 hours from the UK and offering lovely weather, beautiful scenery, idyllic beaches and calm seas. The Balearic Islands are made up of Majorca, Minorca, Ibiza and Formentera. Each Island offers its own unique attraction from secluded coves to world-class nightclubs and beautiful hikes. Ibiza alone attracted 871,288 British tourists in 2017. Many of these tourists will have been saving up hard for their annual holiday and spending many months planning in anticipation of their trip. Unfortunately some of these dream holidays will end up spoilt by illness or accidents.

If you have experienced a holiday injury or sickness on holiday then you may be entitled to pursue Balearic Island accident and illness claims. Legal Expert are here to help if you have experienced an accident in your hotel, food poisoning from a restaurant or an injury whilst taking part in a sporting activity. We will be able to advise you whether your illness or injury could result in a holiday injury compensation claim.

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A Guide to Balearic Islands Accident Claims

Becoming ill or injured on holiday can feel overwhelming and frightening. As well as experiencing pain and suffering you may be worried about who to contact or how to access medical services. Our guide will explain in detail what to do if you are involved in an accident on holiday. Whether you are an independent traveller or travelling as part of a package tour you are equally entitled to make a holiday accident claim in the Balearic Islands. However, the process will be a little different depending on the type of holiday you have chosen and we will discuss this in more detail.

Over three million tourists visited Ibiza alone in 2017. 871,288 of these holidaymakers were British. There are many scenarios in which you may suffer illness or injury whilst on holiday. Slips trips and falls are not uncommon and neither are road traffic accidents. Many holidaymakers make successful Balearic Islands illness/accident claims caused by restaurants or hotels or whilst taking part in sporting activities. If you are unsure whether your illness or injury could result in a claim then speak to Legal Expert for holiday claims advice. The team have many years experience and will be able to advise you accordingly. We have also included some useful links at the end of the guide to point you in the right direction if you are looking for further advice.

What to do if you have an accident or injury in the Balearic Islands

Whether you have had an accident or injury in Majorca, Menorca, Ibiza, or Formentera the advice remains the same. Following these steps as soon as possible after the incident can help your Balearic Island holiday compensation claim to go much more smoothly once you have returned to the UK. Obviously your priority will be to rest and feel better but neglecting to gather the relevant information at the time of the incident can make it much harder to access the information later on:

  • Keep all details of medical treatment, including any prescriptions you have been given as you may be able to claim a reimbursement later on.
  • Make a note of your injuries and perhaps even take photographs to use as evidence.
  • Keep track of all your expenses relating to the injury. Keep any receipts that you have been given.
  • If you have been involved in a road traffic accident then be sure to get details from any other drivers involved.
  • Try to collect details of any witnesses to the incident as they may be able to add more information.
  • Write down or draw pictures of what happened whilst the details are still fresh in your mind.
  • Take photographs of the area where the incident took place.
  • Report the incident to your tour operator if you are on a package holiday.
  • Report the incident to the Spanish authorities if necessary.
  • Report your injury or illness to your travel insurance company.

Emergency contacts in the Balearic Islands after an accident

The emergency numbers to call following an incident in the Balearic Islands are 112 which is the standard European number for the emergency services or 061 which will put you through to the Spanish Civil guard. These numbers will allow you to access both the police and ambulance. In a medical emergency you may need to call the ambulance and/or the police. It is recommended that you notify the police if you have been involved in a road traffic accident. If you require representation from the British consulate whilst on holiday in the Balearic Islands then you can contact the local office in Mallorca or Ibiza. Further information on contacting the British consulate is available in the useful links section at the bottom of this guide.

Non emergency numbers for the local and national police are as follows:

National police – 971 398 831

Local police:

San Antonio – 971 340 830

Ibiza – 971 350 861

Santa Eulalia – 971 330 841

Formentera – 971 322 201

Medical treatment after an accident

If you are travelling to a European Union country, including the Balearic Islands in Spain then you can sign up for a free European health insurance card (EHIC). The European health insurance card enables British visitors to the Balearic Islands to access healthcare at a reduced cost or for free. This does not usually include non emergency care but it enables a British tourist to get the same access as a Spanish person to medically necessary care. You can apply for the card online and we recommend downloading the free EHIC app for Android or Apple. This explains how to use the EHIC card, details the costs of treatment, tells you how to claim reimbursement and lists emergency numbers for the country that you are visiting.

Although the EHIC card is a useful addition to any traveller’s luggage, it is not a substitute for proper travel insurance as it does not include cover for repatriation or non medically necessary treatment.

Compensation claim time limits in the Balearic Islands

where did the accident or injury occur?How long do I have to claim?
Whilst on a package holiday organised through a UK based tour operator. This can include incidents taking place on flights to and from the Balearic Islands, in a hotel or whilst on an excursion planned by the tour operator.3 years
During an independently planned and booked trip to Ibiza, Mallorca, Menorca or Formentera.Usually 1 year but the time limit varies depending on details
During an independently booked international flight to Majorca, Menorca or Ibiza.2 years

Package holiday injury claims in the Balearic Islands

The Balearic Islands are a very popular destination for British tourists, many of whom book package holidays to these destinations. If you are injured or become ill whilst on a package tour to Mallorca, Menorca, Ibiza or Formentera you are fortunate to be covered by the Package Travel, Package Holidays and Package Tours Regulations 1992. This legislation makes it much easier for package holiday makers to claim for any illness or injury that they have sustained. It states that they can claim against the tour operator for injury or illness that occurred on the flight to the Balearic Islands, in the hotel or whilst taking part in an activity or excursion arranged by the package holiday company. This means that you do not need to navigate the Spanish legal system to make your travel illness claim.It is important however to let your tour company representative know as soon as the injury has occurred. If you are not able to do so then telephone the company’s head office as soon as possible.

There are a large number of package holiday specialists and tour operators offering holidays from the UK to the Balearic Islands. Here are some of the more popular companies.

  • Thompson
  • First Choice
  • Thomas Cook
  • Virgin Holidays
  • Cosmos
  • Hays Travel
  • Travel Republic
  • TravelSupermarket
  • EasyJet
  • Last minute
  • On the beach
  • Monarch

Balearic Islands injury claims we can help with

There are many types of Balearic Island illness and accident claims that Legal Expert can help you with. Whilst holidays are a time for kicking back and relaxing, it also means that holidaymakers may have their guard down and are not on the lookout the dangers and hazards in the same way that they would be at home. This can lead to a greater number of injuries and accidents taking place. Below is a list of the types of holiday accident claims in the Balearic Islandsthat we have successfully claimed for in the past:

  • Aeroplane claims– if you experience an accident or injury whilst on board your flight to or from the Balearic Islands you may be able to make a claim.
  • Bad hotel hygiene –Poor hotel hygiene can lead to food poisoning from bacteria such as salmonella or E coli or waterborne diseases from a badly maintained pool.
  • Balcony falls –if you fall from a balcony and can prove that safety measures were insufficient or the railings were poorly maintained then you may be eligible to claim compensation.
  • Boats & cruises –if you took part in a boat ride or cruise as part of your package holiday excursion and were injured as a result then you may be able to claim against your tour operator.
  • Carbon monoxide poisoning – this is potentially life threatening and if you experienced carbon monoxide poisoning in your hotel then you could be eligible to make a claim against the hotel or your tour operator.
  • Collapsing furniture –poorly maintained furniture or furniture in need of repair is a common cause of injury in holiday makers.
  • Excursion injuries –if you were injured due to the negligence of a tour guide or another person in charge whilst on an excursion then you can make a claim against the excursion company or your package holiday provider.
  • Faulty fittings –faulty fittings that lead to injury are a common cause of compensation claims amongst holidaymakers in the Balearic Islands
  • Faulty rental car –if a faulty rental car results in injury, perhaps due to a road traffic accident, then you should seek advice as to how to claim compensation
  • Food poisoning-food poisoning is very common amongst holidaymakers in Spain. Nasty bacteria such as salmonella and E coli can be present due to poor hygiene standards and if you become ill as a result you can claim compensation.
  • Foreign transport– foreign transport claims can result from accidents or injuries which occur during hotel transfers or excursions around one of the Balearic Islands.
  • Hotel –there are many ways in which a hotel can be liable for your injury. Common reasons for claimants include slips, trips and falls, poor hygiene standards, badly maintained fittings and furniture and injuries relating to swimming pools.
  • Legionnaires disease / Norovirus –Legionnaires disease is a nasty illness that is spread via hot tubs, showers or air conditioning units that are not properly looked after. Norovirus is a vomiting bug that spreads quickly from person to person if hygiene standards are not meticulously maintained.
  • Skiing –skiing is a notoriously dangerous sport. However if your injuries were the result of a negligent ski instructor or failure of a resort to properly maintain their piste resulting in an avalanche then you may be able to claim against them.
  • Slips and trips –slips and trips can be caused by slippery floors where there is no hazard warning. They can occur in restaurants, hotel bathrooms, by the side of the pool or in hotel lobbies. Trailing wires are another common cause of trips and falls in hotels and restaurants.
  • Swimming pool Accident –swimming pool injuries are very common and can be caused by slippery surfaces, sharp objects or tiles inside the swimming pool or poorly maintained water quality in the pool.

Balearic Islands hotel accident and illness claims

There is a lot of potential for illness and accidents within Balearic Island hotels. The large resorts have the possibility for a great many hazards. These can include slip, trip and fall hazards such as:

  • Slippery poolside
  • Wet bathroom floors
  • Trailing cables
  • Badly fitting carpets and rugs
  • Handrails in bad repair
  • Potholes
  • uneven pathways
  • Inadequate lighting

Swimming pools and gym areas can cause upset stomachs from growth of bacteria caused by poor hygiene or badly maintained water quality. Swimming pools can also cause injury and laceration if sharp objects are present in the water or poolside.

Legionnaires disease is an illness which is caused by a hotel’s failure to change the water in an air conditioning system daily. If this maintenance task is not completed then people can become very ill from the ventilation system. Legionnaires is most likely to affect the over 50 and those with chest problems.

Injuries caused by falls from balconies are common and avoidable. Unsafe balconies are usually a result of broken or inadequate railings but a fall from a balcony can result in serious injury.

Low hygiene standards in hotels are a common cause of many of the Balearic Islands illness and food poisoning claims. Food that isn’t cooked to the right temperature or has gone past its best can cause all kinds of stomach upsets which can spoil your whole holiday experience. If you are sick on holiday and use a sick holiday claim calculator to see what you may be entitled to, this can be helpful to get a rough idea but a free, no obligation chat with one of our team at Legal Expert is a much more accurate way to establish what compensation you could claim.

Restaurant illness, accident or food poisoning claims

As well as claims for spillages of hot food and drink leading to burns, slippery suffices causing slips and trips and accidents caused by inadequate lighting and uneven floors, the most common complaint against restaurants is for food poisoning.

Food poisoning and upset stomachs are caused by different types of bacteria being present in food and drinks. These bacteria should be eradicated during cooking but if food is raw or is not cooked properly then enough of the bacteria remain to cause illness. Examples of these pathological bacteria include

  • Salmonella – caused by cross contamination and poorly cooked food
  • Ecoli – infection is caused by fecal contamination of food
  • Shigellosis – also caused by faecal contamination but also infectious amongst people and usually caused by poor hygiene standards
  • Cryptospridium- this protozoa is a common cause of travellers diarrhoea

Slips, trips and falls

Slip, trips and falls can happen anywhere from boarding or disembarking the flight, to your hotel or whilst participating in activities. If someone else was to blame for your injury than you may have a claim. Common causes of slips trips and falls include slippery surfaces poolside or in bathrooms, badly fitted carpets or rugs, handrails that are poorly maintained, potholes, trailing cables and inadequate lighting.

Slips trips and falls commonly lead to leg, hip, elbow and shoulder injuries including bruises, cuts and fractures as well as a number of back conditions.

Sports activity claims

Mallorca, Menorca, Ibiza and Formentera are very popular for a wide variety of sports and activities. There are a huge number of water sports on offer and some great hiking, running and cycling opportunities. The sporting activities have risks involved but if you are injured due to someone else’s negligence then you may have a claim. If you are being instructed by somebody who is negligent and causes an injury then you may be able to claim against them, even if you have signed a waiver form. If you are taking part in an activity which has been arranged by your package holiday company, you may also have a claim against the company. Often travel insurance does not cover dangerous sporting activities and so claiming compensation may be your only method of receiving any sort of financial payout.

Car or Road traffic accidents in the Balearic Islands

Spanish roads experience 30% more road traffic accidents in the UK, with motorway driving being particularly dangerous. If you are involved in a road traffic accident it is best to report it to the Spanish authorities. Road traffic accidents are not uncommon amongst tourists as they are driving unfamiliar hire cars on the other side of the road.

If you are involved in a road traffic accident either as a driver or a passenger and you are injured as a result of somebody else’s negligence, you may be eligible to claim compensation. It may be the driver of your car that is at fault, or perhaps another car driver or driver of a bus or taxi. If you have an accident due to faulty maintenance of your hire car then you may be able to claim against the hire car company.

Getting the advice of a solicitor is important if you are involved in a road traffic accident as there are a number of things you can do to strengthen your case, including the collection of evidence. Legal Expert can advise you on the best course of action to take if you have been injured in a road traffic accident in the Balearic Islands.

Do I need to use a Spanish lawyer for my Balearic Islands claim?

Even though your injury or accident happened abroad you do not need to use a Spanish lawyer to make your claim. However it can be very difficult to navigate the legal system of another country and so we advise that you seek the advice of an experienced legal professional. Legal expert can provide a solicitor who covers your area and can offer this expert advice.

No win no fee holiday accident claims

Initiating holiday accident claims in the Balearic Islands can be daunting if you are worried about how much it will cost. Legal Expert offer free no obligation advice and a no win, no fee service. This means that you will not be asked to pay any money upfront at all. A final fee will be taken out of your payout if you win but if you are unsuccessful in your claim there will be no cost to you whatsoever.

Top resorts in the Balearic Islands

There are any number of places in the Balearics that you could becoming injured or fall ill in. We can cover claims in all the top resorts in the Balaerics such as those listed below:

  • Soller, Mallorca
  • Palma de Mallorca
  • San Antonio, Ibiza
  • Ses Salines, Ibiza
  • Cala Contessa, Mallorca
  • Benirras, Ibiza
  • Es Grau, Menorca
  • Platja de ses Illetes, Formentera
  • Cala Pilar, Menorca
  • Cape Formentor, Mallorca
  • Playa d’en Bossa, Ibiza
  • Migjorn beach, Formentera
  • Port de Pollensa, Mallorca
  • Mahon, Menorca
  • Cala ‘n’ Porter, Menorca
  • Cala Morell, Menorca

However, don’t forget that we don’t JUST cover these areas; we can cover anywhere in the Balearics or Spain you’ve suffered injury or accident or illness. Contact us to find out how.

Start your claim

If you have decided that you would like to begin holiday accident claims in the Balearic Islands or would just like to seek more advice on travel claims in Spain and the Balearic Islands then please contact Legal Expert. We have a team of experienced people who offer a friendly and approachable service. There is no obligation to pursue a claim if you contact us, we are happy to simply offer advice to begin with. Talk to us today about how we can help you. We will do our best to get you the compensation you deserve.

Call us on 0800 073 8804 or contact us via our online form and we’ll get back to you shortly.

Useful links

British Consulate Ibiza
Avenida Isidoro Macabich 45
1º1ª (corner with Calle Canarias)
07800 Ibiza
Spain
Tel: +34 93 366 6200

Web: https://www.gov.uk/world/organisations/british-consulate-ibiza/office/british-consulate-ibiza

Opening hours: Mondays to Fridays from 8.30am -1.30pm.

British Consulate Palma de Mallorca
Carrer Convent dels Caputxins, 4
Edificio Orisba B 4ºD
07002 Palma de Mallorca
Spain
Tel:+34 93 366 6200

Web: www.gov.uk/world/organisations/british-consulate-palma-de-mallorca

Opening hours: Mondays to Fridays from 8.30am -1.30pm.

NHS information on accessing healthcare in Spain

This page may be of interest when looking at healthcare in the Balearics.

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