Fuerteventura Personal Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Fuerteventura? – How Long Do I Have To Claim Compensation?
Fuerteventura, the second largest of the Canary Islands, offers white sandy beaches and pleasant temperatures for British tourists all year round. Accidents could happen anywhere but if they do happen while you are away on holiday they may ruin part or the entirety of your vacation. It’s important to remember though, that if you’re injured while visiting Fuerteventura and you feel that the accident you were involved in was the fault of a third party that may have owed you a duty of care you must adhere to Fuerteventura holiday accident claim time limits if you want to pursue a claim for compensation.
Legal Expert offer free legal advice about holiday accidents and could help you with no win no fee compensation claims. If you are ready to begin a claim today, please call our advisors on 0800 073 8804 to discuss your accident.
If you want more information, prior to beginning a claim, carry on reading this guide about how Legal Expert could help you.
Select A Section
- A Guide To Fuerteventura Personal Injury Claim Time Limits
- Limitation Periods For Accidents And Personal Injuries In Fuerteventura
- What Is A Fuerteventura Holiday Accident Claim?
- Claims For Personal Injuries In Fuerteventura
- Negligence, Duty Of Care And Liability
- Damages For Personal Injuries In Fuerteventura And Spain
- How Do Claims Made Under UK And Spanish Law Differ?
- Injury And Illness Claims Calculator
- Examples Of Special Damages You Could Be Compensated For
- No Win No Fee Compensation Claims For Accidents In Fuerteventura
- How Our Experts In Holiday Claims Could Help You
- Contact A Holiday Accident Solicitor Today
- Resources And Helpful Contacts
A Guide To Fuerteventura Personal Injury Claim Time Limits
Personal injury time limits Fuerteventura
Fuerteventura is the oldest of the Canary Islands. It is about 100km from West Africa meaning it has warm temperatures all year round. Despite this proximity it, along with the other Canaries, is owned and governed by Spain.
This guide will explain the different ways in which a Canary Islands accident claim could be made and some differences between Spanish and British claims processes.
We’ll also cover the types of accident that might occur, what you could claim for and how our no win no fee agreements work.
When you make a claim, it might be against your package holiday provider, meaning UK laws may apply or directly against a Spanish defendant which means local laws may apply. This guide will explain the different approaches to both types of claims.
We’re happy to guide you and provide information about what steps you could take next. When you’ve read this guide in full, if you have any more questions, please call one of specialist advisors for free legal advice. We offer a free legal consultation with no obligation to people who feel they may have a compensation claim.
Limitation Periods For Accidents And Personal Injuries In Fuerteventura
This guide illustrates Fuerteventura holiday accident claim time limits and the table below outlines the current time frames in which claims must be made. You should give your personal injury solicitor plenty enough time to prepare the claim by contacting them as soon as possible following your accident. (time limits may vary)
| Accident Claim Type | Current Time limit |
|---|---|
| Illness or injury on a package holiday booked in the UK by a UK tour operator including flight, hotel or excursion accidents | 3 years |
| Injury or illness on holiday that was privately booked | 1 year may vary |
| Illness or injury that occurred on a flight that was privately booked. | 2 years may vary |
What Is A Fuerteventura Holiday Accident Claim?
For a Canary Islands accident claim to be made, there are a number of points that need to be proven by a personal injury lawyer. Not every accident will automatically be eligible for compensation.
Most solicitors offering no win no fee agreements will want to prove the following before taking on a claim:
- That the responsible party (the defendant) owed the injured party (the claimant) a duty of care;
- Then the defendant breached the duty of care in some way;
- And finally, the breach of duty caused an accident to happen and the claimant’s injuries.
If you have had an accident while on holiday and that accident was caused by a third party that owed you a duty of care who consequently breached this care of duty and it directly caused you an injury you may be eligible for a holiday personal injury claim. Please contact one of our team to discuss your case today.
Accidents that could lead to personal injury claims
Here are are examples of negligent accidents that could lead to eligibility:
- Food Poisoning: Any food outlet (restaurant, café, bar or fast food retailer) must store, prepare, cook or heat food correctly. If they don’t, food poisoning might occur,causing a customer to become ill.
- Balcony Falls: If you or a loved one have fallen from a balcony and been injured because the barrier was damaged, missing or faulty, you might be entitled to compensation so please call.
- Slips, Trips and Falls: These could happen just about anywhere during your holiday. Call Legal Expert if you feel someone else was to blame for your fall that caused your injuries and they will be able to tell you if the third party is liable.
- Excursion and Sporting Activity Accidents: When you participate in sporting activities or other excursions, the provider has a duty of care to ensure everybody is safe while involved in the activity. If you have been injured taking part because of a fault of the provider Legal Expert will be able to advise you on what steps you could take if any.
- Car Crashes and Collisions: If you are involved in a road traffic accident as a driver, passenger or pedestrian and someone was to blame, you may be able to begin a claim against them for any injuries suffered or damage caused.
- Allergies: If you suffer allergic reactions, you’ll probably spend a lot of time checking ingredients prior to purchasing food. If the food is labelled incorrectly or allergen advice is missing from menus, and you suffer a reaction as you have consumed the food call Legal Expert to see if you have grounds to claim.
Examples of injuries
Here are some examples of injuries which could occur:
- Broken bones
- Soft tissue damage
- Head injuries
- Burns and scalds
- Electric shock / Electrocution
- Back injuries
- Food poisoning and allergic reactions
- Water borne bacterial diseases and illnesses
Don’t worry if you don’t see your particular accident or injury listed, we could still help. Call our team today and we will discuss your case together.
Claims For Personal Injuries In Fuerteventura
As with the UK, Spanish laws are in place to ensure anybody injured due to negligence because of a third party who owes a duty of care is compensated for their injuries caused due to a preventable accident. Fuerteventura holiday accident claims must also be submitted before the time limitation of a case runs out. If a person tries to pursue a claim after their particular time limit has reached their claim may be void.
Under the local laws, the following accidents are compensated for:
- Deaths
- Permanent injury
- Temporary injuries
The amount of compensation for each type of injury is different and worked out using a point-based system.
We believe it’s vital to employ a personal injury solicitor who understands the point-system and local legislation to ensure you’re awarded the correct amount of compensation for your injuries. When you decide to begin your claim, or if you have any questions prior to claiming, get in touch with the team at Legal Expert for free advice about how to proceed.
Negligence, Duty Of Care And Liability
As described earlier in this guide, for a person who has suffered an injury and wants to pursue a claim for compensation they must first establish if the accident that they were involved in was negligent. Then it must be discovered who was responsible for the accident, and did this third party owe them a duty of care. Finally it needs to be proven that a breach in this care of duty was the reason the accident happened which consequently caused an injury.
The accident can’t have been caused by the claimant and they must prove that the defendant did or didn’t do something which directly caused the accident to happen.
If your feel somebody else was to blame for your accident, through negligence, but not sure what to do next, our expert advisors could help you. Please get in touch.
Damages For Personal Injuries In Fuerteventura And Spain
All Spanish courts, insurers and personal injury solicitors use a system called the Baremo points system. A new version of Baremo came into effect on January 1st 2016. It was designed primarily to deal with compensation amounts for road traffic accidents but, in the main, was used to calculate compensation for most personal injury claims.
Damages in terms of compensation may include;
- Personal compensation – This is for the pain and suffering caused by the injuries, the loss of quality of life and moral damages.
- Financial losses: Any costs that the claimant can prove were linked to the accident, could be claimed back.
How Do Claims Made Under UK And Spanish Law Differ?
While there are similarities between UK and Spanish personal injury claims, there is one major difference: the points system used in Spanish Law.
Points are allocated depending on the:
- The injury itself – how severe it was and what body parts were injured.
- Total time the victim spent in hospital.
- Time spent recovering (outside of hospital).
- Age of the victim.
- Victim’s income.
Once the points have been allocated, an amount in Euro’s is determined and multiplied by the number of points in each section, for a full settlement amount to be reached.
With financial losses, as is the case here in the UK, receipts or bank statements could be used to prove the loss. The solicitor in the case, will have to prove that the financial loss is directly linked to the accident.
Injury And Illness Claims Calculator
Below is a table of compensation amounts that may be used by solicitors in the UK to calculate compensation amounts for personal injuries. These amounts could be used when calculating how much could be received when claiming against the UK tour operator you booked your package holiday through.
| Type Of Injury | Compensation Amount | Injury Information |
|---|---|---|
| Moderate Neck Injury | £6,920 to £33,750 | Brackets will start with moderate soft tissue injuries, possibly accelerate a pre-existing condition, wrenching-type injury and disc lesion of the more severe, serious limitation of movement and persistent reoccurring pain to fractures and dislocation of the neck, vulnerability to further trauma and limitation of activities. |
| Moderate Back Injury | £10,970 to £34,000 | Brackets start from disturbance of ligaments and muscles giving rise to backache, soft tissue injuries to compression/crush fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis. The amount will depend largely on the severity of the original injury, the degree of pain experienced, the extent of any treatment required in the past or in the future. |
| Less Severe Arm Injury | £16,830 to £34,340 | Significant disability but a substantial degree of recovery will occur. |
| Very Minor Wrist Injury | £3,090 to £4,160 | Displaced fractures or soft tissue injuries. Recovery estimated 1 year. |
| Minor Pelvis Injury | Up to £3,460 | Soft tissue injuries. Full recovery will be made. |
| Moderate to Very Serious Leg Injury | £34,370 to £74,150 | Brackets will begin with multiple fractures and severe crushing injuries, imperfect union of fractures muscle wasting, serious compound or comminuted fractures, ligament damage resulting instability to permanent disability, severe multiple fractures which may take years to heal. |
| Moderate Knee Injuries | Up to £12.050 to £22,960 | Twisting, bruising of the knee, dislocation, torn cartilage or meniscus which results in minor instability. The position in the brackets will take note of the seriousness and prolonged pain caused to the knee joint. |
| Modest Injury | Up to £12,050 | Sprains, ligament damage and undisplaced fractures. |
| Minor Injuries | £1,200 to £2,150 | Complete recovery within 3 months. |
| Food Poisoning | £800 to £8,360 | Cramping, stomach pain, diarrhoea, alteration of bowel function and fatigue. Possible hospitalisation. |
| Trivial Scarring | Up to £3,090 | Minor scarring. |
The table includes a lot of different injuries that you could claim for. If you can’t see your injury listed, don’t worry, we could still help. Legal Expert could provide you with a more accurate estimate of your compensation once one of our advisors have assessed your claim in more detail.
Examples Of Special Damages You Could Be Compensated For
When making a claim against your package holiday provider, i.e. under British laws, there are a few elements that a Fuerteventura accident claim could include:
General Damages
This compensation is paid for pain and suffering caused by your injuries (see the table in the previous section for compensation amounts).
Special Damages
Special damages are paid to compensate for financial losses linked to your injuries, they include:
Medical Costs: You may be able to claim back the cost of any prescription medicines, over the counter treatments or medical costs when using a Spanish hospital or doctor.
Travel Costs: If your flight home had to be rearranged, because you were unfit to travel, you could claim any costs incurred. You might also be able to claim for travel costs within the UK while visiting doctors, physios or other treatment providers.
Loss of Salary: If you have to take time off from work to recover, can’t return on time or need further time off for medical appointments, you could claim compensation for lost income if your employer doesn’t pay you fully for time off. You may be able to claim for future loss of income too, if you have ongoing medical requirements that mean more time away from work.
Care Costs: Some injuries leave victims unable to cope on their own while recovering. If this is the case, professional care may be required which could be costly. If so, you may be entitled to claim this back.
Damage to Property Costs: When the accident occurred, if any item of personal property was damaged, you could claim the cost of repair or replacement of the item.
Your solicitor can usually only make one compensation claim. Once it’s been settled, you can’t go back for more compensation later. Therefore, it’s important to provide your solicitor with as much information as possible. This will allow them to compile a full claim to ensure you’re compensated properly.
No Win No Fee Compensation Claims For Accidents In Fuerteventura
You may be worried about beginning a Spanish personal injury claim, because of the costs involved, which is understandable. To counter these worries, Legal Expert provide no win no fee agreements for all cases we take on. Below is a comparison of no win no fee and more traditional legal services.
- No Win No Fee Agreements
When you sign an agreement, it will state that, if the case is lost, you don’t have to pay your solicitor for their services. It will also state a success fee for when the solicitor is successful. The success fee is a percentage of your compensation that the solicitor keeps paying them for their service. It is limited to 25% of your compensation and they’ll send the rest directly to you. - Pay a Solicitor an Hourly Rate
In this case, your solicitor will tell you their hourly rate or the total cost for taking on your claim. This will need to be paid up front. If they win the case, you keep 100% of the compensation awarded. If they lose the case though, you won’t get your money back. This could mean a large legal bill with no compensation.
We feel no win no fee agreements reduce the stress and risk of making a claim. This is why we only work on cases using them.
How Our Experts In Holiday Claims Could Help You
Legal Expert are personal injury specialists who could help with Spanish holiday accident claims. We operate a no win no fee service for all cases we take on.
Our team are friendly and professional. They are committed to trying to obtain the maximum amount of compensation for each case for every client we represent. We have many previous clients who’d happily recommend our service.
Contact A Holiday Accident Solicitor Today
That is the end of this guide regarding Fuerteventura holiday accident claim time limits. We hope that you’ve gained all of the information you require and are now ready to begin your own claim.
If you’d like Legal Expert to represent you, please contact us in any of the following ways:
- Call us on 0800 073 8804 and speak with one of our specialists right away.
- Send us an email to info@legalexpert.co.uk with details of your Canary Islands accident claim.
- Use the live chat facility which is available 7 days a week from any page on this site.
- Or you can fill in this simple form to begin the claims process.
Our team will walk you through the claims process and answer any questions you may have. As part of your free initial consultation, we’ll assess your accident, your injuries and what impact they’ve had on you. If we agree that you have a good chance of successfully claiming compensation, we’ll offer you a no win no fee agreement. When you’re ready to start, we’ll begin your claim.
Resources And Helpful Contacts
For further information, we’ve included some more useful guides below which we hope you find useful:
Fuerteventura Holiday Accident Claims – A guide with more details about making a claim following an accident on holiday in Fuerteventura.
Car Accidents in Fuerteventura – Specific details about what to do in the event of a car accident. Includes compensation amounts that may be paid.
Accidents at El Matorral Airport – Information about how to lodge a compensation request if you’re injured at the Fuerteventura airport.
If there is any more information required, please speak with one of our advisors for free legal advice.
Edited By Melissa.