Balearic Islands Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In The Balearic Islands? – How Long Do I Have To Claim Compensation?
If you have been injured while on holiday at one of the Balearic Islands due to a negligent accident you may be thinking about making a claim for compensation. However, one thing a lot of people may not be aware of is the Balearic Islands personal injury claim time limits. They may assume that they have all of the time in the world to make a claim, or they may believe that the time limits are exactly the same as the UK. However, this is not always the case.
The Balearic Islands personal injury claim time limits could differ depending on the circumstances of your case. We know that this could be confusing, which is why we have put this guide together. and we also recommend that you call us to find out more about the specific time limit that is likely to be applied to your case. Here at Legal Expert, we have many years of experience in the industry, and so we can give you assistance with many different types of personal injury cases. Our advice is free and you can reach us on 0800 073 8804. However, before you do so, continue reading to discover more about these claims and the limitation period for a personal injury claim in Spain.
Select A Section
- A Guide To Limitation Periods For Personal Injury Claims In Spain
- Limitation Periods For Personal Injury Claims In The Balearic Islands
- What Accidents Could Happen On Holiday In The Balearic Islands
- How Are Compensation Claims Made Under Spanish Law?
- Who Is Liable For Your Balearic Islands Accident?
- Differences Between Balearic Islands And UK Time Limits
- Accident Personal Injury Claim Calculator
- Examples Of Different Damages You Could Be Compensated For
- No Win No Fee Holiday Accident And Illness Claims
- How Our Specialist Holiday Accident Solicitors Could Help You
- Contacting Our Team
- Related Holiday Accident Claim Guides
Many people all over the world visit the Balearic Islands for their summer holidays. Mallorca is the biggest of these islands. However, the other islands are extremely popular too – Formentera, Ibiza, and Menorca. In this guide, we will explain different areas of personal injury claims with a specific focus on the Balearic Islands personal injury claim time limits. Aside from this, we will also provide you with information on how to make personal injury claims due to an accident that may have happened while on holidays in the Balearic Islands, including some details regarding how compensation is calculated, average payout amounts, and the service we provide. If you still have any queries by the time you finish reading this guide, simply give us a call.
How long do I have to claim for a personal injury in the Balearic Islands? Balearic Islands personal injury claim time limits are strict and must be adhered to if you want to make a personal injury claim. Time limits could vary as there are exceptions but it is always advised that the sooner you begin your case the more straight forward it may be. If making a holiday personal injury claim against a UK package tour operator your time limit will be based on UK time limits. Use the table below for assistance.
|Illness or injury on a flight, excursion, or at your hotel, as part of a package holiday booked in the UK by a UK tour operator.||3 years may vary|
|Illness or injury during a private trip.||1 year may vary|
|Illness or injury that has happened during a flight that was privately booked.||2 years may vary|
There are different types of injury and illness that could happen in Majorca or another one of the Balearic Islands. You may experience a hotel accident because of poor swimming pool maintenance. Perhaps you may suffer whiplash because of a road traffic accident?
Some people may be unsure whether they have a claim or not and so they may not know whether to proceed with it. They may not want to miss out on the compensation they could be entitled to. But, at the same time, they might be worried that they could go through all of the hassles of making a claim only for it to be unsuccessful.
If you are unsure whether you could pursue a claim for an accident that caused an injury while being abroad on holiday simply call Legal Expert who can offer you a free legal consultation on the merits of your case.
When deciphering whether you could make a compensation claim, there are three key questions you should ask yourself. These are as follows:
- Who caused the incident? Perhaps the most important part of any personal injury claim is to establish responsibility. If you want to pursue a personal injury case, you will probably be required to show that someone else is responsible for your injuries. You may need to demonstrate that they were negligent in their actions or that they made a mistake, which resulted in the accident that unfolded. The defendant will have had to owe you a duty of care and ultimately breached this which caused your accident.
- When did the accident happen? The date of the accident is important because there are the Balearic Islands personal injury claim time limits in place. We will provide you with a table on the different Balearic Islands personal injury claim time limits later in the guide to help you get a better understanding.
- Have you seen a doctor for your injuries? Finally, a strong case sometimes relies on the medical report that has been provided by your doctor, and so if you have not seen a medical professional your personal injury solicitor may not know the extent of your injuries. Don’t panic, though! Your lawyer could arrange a local medical for you if you are yet to see a doctor.
Spanish Law is not too different from UK law when it comes to making a claim. The R.D.L 8/2004 law is in place to determine the amount of compensation that will be awarded. As per the law in Spain, there is a lawful obligation for you to receive compensation for damages that have resulted from an omission or negligent act. This is usually the case so long as the Balearic Islands personal injury claim time limits are adhered to.
When it comes to making a claim, no matter which country it happened in it may be important to gather evidence and information including;
- Details – The first thing your lawyer will want to know is all of the details about the incident. This includes how, where and when it happened. The date of the accident and injury is paramount importance because of the Balearic Islands personal injury claim time limits.
- Contact information – If possible, you should aim to get the contact details of the person that caused the incident, as well as the contact information of anyone that saw what happened to you.
- Proof of losses – From loss of income and travel costs to prescription expenses and vehicle repair costs, there are many different expenses you may encounter because of your accident. If you have proof of these, it’s a good idea to keep the proof, as you may be able to claim for them as special damages.
- Injury details – Last but not least, your personal injury solicitor will need to know all about your injuries, medical diagnosis, and treatment. This will usually be provided by your doctor in the form of their medical report.
Under Spanish Law, there are several acts in place regarding liability for accidents. Who is liable will depend on who is responsible for the accident that lead to the injury, and did they owe you a care of duty. It is important to note that not all accidents that result in injury or illness will lead to a compensation claim. When a holiday injury solicitor looks at a case they will firstly consider if the person responsible for your accident owed you a duty of care, did they breach this care of duty and if so did it result in an injury.
If you have been injured on a package holiday, booked in the UK by a UK tour operator you may make your claim under UK Law which may mean you have 3 years to bring a claim (mat vary) depending largely on the circumstances of the accident. If you have been injured while on a privately booked holiday, it will usually be under Spanish law, and therefore, the Balearic Islands personal injury claim time limits apply which may be 1 year but may vary. If you are unsure regarding the nature of your claim and what this means in terms of the legal system you will claim under – don’t panic. Simply give us a call.
When making a personal injury claim, one thing that you might want to know is how much money you may receive if you go ahead and launch the case with an experienced solicitor within the Balearic Islands personal injury claim time limits.
The trouble is that it is impossible to tell you exactly how much you are going to receive before you receive it. This is because all cases are handled on an individual basis, meaning the circumstances surrounding your injuries and accident are assessed and then a payout is awarded at the court’s discretion. We have included in the table a list of injuries and payouts that may be received in accordance to the Juridical Court Guidelines in the UK.
We have provided this information for you in the table below. However, if you cannot find what you are looking for, please do not hesitate to give us a call and we will explain the sort of payout amount that you could get.
|Type Of Injury/Illness||Severity||Compensation Range||Further Notes|
|Food Poisoning||Minor||Up to £3,460||Short term food poisoning type symptoms (diarrhoea, nausea, abdominal cramps or sickness)|
|Food Poisoning||Moderate||£3,460 to £8,360||Significant discomfort causing alteration to bowel function, pain and cramps leading to hospital admission.|
|Food Poisoning||Serious but short lived||£8,360 to £16,830||Diarrhoea and vomitting, recovery within 4 weeks, remaining discomfort and altered bowel function, impact on sex life and enjoyment of food for a few years.|
|Hand injury||Moderate Injury||£5,110 to £11,640||The range in this category starts with soft tissue, lacerations, deep wounds, crushing injuries, the top brackets is reserved for permanent damage.|
|Arm injury||Less Severe Injury||£16,830 to £34,340||The range in this category includes significant disability but a substantial degree of recovery is expected.|
|Finger injury||Fracture of index finger||£7,990 to £10,730||Fracture has recovered but grip remains impaired.|
|Back injury||Moderate Injury||£10,970 to £34,000||The range in this category starts with as disturbance of ligaments and muscles giving rise to backache, soft tissue injuries, prolapsed discs to incidents of a compression/crush fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis. The impact on daily life will play a significant part.|
|Neck injury||Minor Injury||Up to £2,150||Recovery within 3 months.|
|Ankle injury||Modest Injuries||Up to £12,050||The range in this category includes sprains and soft tissue damage and displaced fractures.|
|Foot injury||Severe Injury||£36,800 to £61,410||The range in this category includes fractures to both heels, significant pain and restriction.|
When making a personal injury claim within the Balearic Islands personal injury claim time limits that are applicable to your case, you could include a number of different damages. Generally speaking, these damages can be separated into two categories.
The first category is general damages. This relates to those damages that cannot be quantified. For example, this relates to the physical and psychological injuries that you have experienced. Compensation could be awarded to you by taking into account things like the severity of your original injury, the presence of ongoing symptoms, and the overall impact that the injury is going to have on your life.
The other type of compensation that you could claim for is special damages. Special damages relate to those damages that can be quantified. After all, if someone is injured, they may face a number of different expenses during this period in their life. For example, they could lose out in terms of income because they have been unable to work while recovering from their injuries. They may also face medical costs, expenses associated with childcare, and the cost of travelling to and from the hospital. So long as the cost is as a direct result of what has happened to you, you could include it as part as special damages.
When making a personal injury claim, one of the most important things for a claimant is finding a service that is affordable. After all, the last thing many people want is to make a claim and then end up being out of pocket because they have had to pay huge legal fees but have not received any compensation because the claim has not been a success. We understand that this is a big worry for a lot of people and that a lot of people could potentially lose out on compensation if they do not to make a claim for this very reason. Because of this, we have dedicated ourselves to providing a service that is 100% no win no fee. This means that all of our solicitors work on this basis. Therefore, you would not need any money to start your claim and you will not need to pay us unless we manage to secure compensation for you. This hopefully gives you peace of mind that you are going to be benefiting from a high-quality service because you know that your solicitor is going to be accountable for the service that they provide.
When making a compensation claim, you are going to have a number of different companies to choose from. It is so important to make sure you choose a company that has a lot of experience in the industry and has a good track record for securing compensation for accidents that happened in another country. This is exactly what you can expect with our service. We have successfully helped many personal injury victims to get the compensation that they deserve for the injuries that they have experienced.
Not only do we have a great track record, but you will see that our service is held in high regard throughout the industry. This is because we genuinely care about the people that we make compensation claims for. We know that you are probably going through a very difficult time in your life and the last thing that we want to do is make this worse for you. We know that a complicated and stressful legal process is probably the last thing that you need right now. This is why we aim to secure compensation in the quickest and easiest manner. We want you to focus on your recovery while we focus on getting the maximum amount of compensation that is possible in your case and within the personal injury claim time limits. We want you to know that we will keep you informed every step of the way and we will be there should you have any questions.
Unlike a lot of other firms, we will not try to confuse you with complicated jargon and legal terms that you do not understand. If we need to use them, we’ll explain them. Plus, if that was not enough, our legal advice is free. This means that you can call us on our legal helpline and we will answer any questions that you have without charging you for a consultation.
If you are ready to claim, or if you have any questions about doing so, including queries about the Balearic Islands personal injury claim time limits, we are ready and waiting to help you in any way that we can. We have made it easy for you to get in touch with us. There are a number of different ways that you can do so. The most popular way is to simply ring our legal helpline on 0800 073 8804. Alternatively, you can fill in your details on the home page of our website and we will call you back at a time convenient to you. We also have a live chat feature on our website as well. You can type a message to someone via this chat feature and they will respond straight away. No matter how you choose to get in touch with us, you can be certain that all calls will be confidential and that we will do everything in our power to make you feel at ease and answer any questions you may have.
Car Accidents in the Balearics – Claimants for these types of accident may find this useful.
FCO Spain Advice – For those visiting the Balearics.
Consulate in Mallorca – Details of the consulate should you need it.
Holiday in the Balearics Claims – A guide for holidaymakers.
Edited By Melissa.