Gran Canaria Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Gran Canaria? – How Long Do I Have To Claim Compensation?
On this web page, you will read a guide to the applicable time limits to make a personal injury claim in Gran Canaria. In the sections below, you will learn about the way that time limits are affected by what country you make your claim in, how your compensation may be calculated, and potential damages that could be included in a compensation claim.
You are likely going to have specific questions that are unique to your own claim. Therefore, we recommend that you speak with one of our claims team on 0800 073 8804. They will be ready and waiting to give you all the help and advice you need, to start moving your claim forward.
Select A Section:
- A Guide To Personal Injury Claim Limitation Periods In Spain
- Time Limits For Gran Canaria Holiday Accident Claims
- What Is A Gran Canaria Holiday Accident Or Illness?
- How Personal Injury Claims For Accidents In Gran Canaria Are Handled?
- Legal Duty Of Care In Spanish Law
- How Damages Could Be Estimated For Claims Made Under Spanish Law?
- Will I Be Making A Claim Under British Or Spanish Law?
- Accident And Injury Claims Calculator
- Examples Of Other Types Of Damages You Could Claim Compensation For
- No Win No Fee Claims For Accidents On Holiday In Gran Canaria
- How Our Spanish Holiday Injury And Illness Claim Experts Can Help You
- Contact Our Holiday Accident Solicitors
- Resources And Helpful Contacts
A Guide To Personal Injury Claim Limitation Periods In Spain
This guide, will cover the limitation period for a personal injury claim in Spain, as well as many other legal consideration for making a personal injury claim. In the sections below, you are going to find information that relates to:
- An overview of what a holiday claim could be and some examples of the kinds of accidents that could be the root cause of them. We also look at eligibility and liability in this section.
- An examination of the legal process that needs to be followed, in order to make a claim for an injury or illness that was sustained whilst overseas on holiday.
- An explanation of the concept of duty of care.
- Information that relates to the way compensation is calculated.
- A table that details typical time limits that could apply for making a claim, based on a number of different situations.
- Information regarding what country your claim will be made in.
- A table that details typical ranges of compensation that a person might be awarded as damages for different injuries.
- A list of many of the common types of damages that a settlement for a successful holiday accident claim could consist of.
- An explanation of how we can be of assistance in helping you to make a holiday accident claim. We also introduce our national claims service in this section. This is a very simple to access service, that could help you to get the compensation you are eligible for.
If you have any questions about this guide and its contents, or simply need some advice about your own claim, then please speak to one of our claims experts. They will be able to answer all of your questions, and explain how we could help to get your claim started right away.
Time Limits For Gran Canaria Holiday Accident Claims
If you intend to make a holiday accident claim, then you must begin your claim within the personal injury claims time limit that applies to your circumstances. The table below outlines these.
Circumstances of Claim Time Limit If you are travelling on a package holiday (inclusive of transport, accommodation, , activities, etc.) that you booked via a UK based travel vendor in the UK and you were 18 years of age or over on the date the incident took place. 3 years may very If you are travelling on a package holiday (inclusive of transport, accommodation, activities, etc.) that you booked via a UK based travel vendor in the UK, and you were under 18 years of age on the date the incident took place. 3 years from the date of your 18th birthday. Or a parent or guardian and claim up until you turn 18. If you are making a claim under the Montreal Convention, for injuries or illnesses on a flight. Two years may vary On a privately booked trip. One year may vary
What Is A Gran Canaria Holiday Accident Or Illness?
There are different ways that a person could come to harm whilst they are on holiday overseas. Here are examples of holiday accidents that could happen;
- Slips, trips and falls.
- Road traffic accidents.
- Food-related illnesses such as food-poisoning or allergic reactions.
- Waterborne illnesses, caught by swimming in an infected pool, or dirty sea water.
- Accidents in a hotel room or using hotel facilities such as the pool or gym.
- Sporting, water sports or adventure activity accidents.
These are just some examples of accidents and illnesses that UK holidaymakers could become victim of while overseas. If you have suffered an accident that has lead to an injury or illness that you believe was due to the negligence of a third party that owed you a duty of care you may be eligible to claim.
How Personal Injury Claims For Accidents In Gran Canaria Are Handled?
If you intend to make a Canary Islands holiday accident claim under Spanish Law it is important to understand the Baremo system.
Spanish law uses a localised system known as the “Baremo”, which lays down a fairly complex framework for evaluating the worth of a claim. The system has just recently went through a reform and the new law came into place in 1st January 2016. The new system is far more complex and multidimensional. It focuses on;
- Claims for a death
- Claims for a permanent physical injury
- Claims for a temporary physical injury
Legal Duty Of Care In Spanish Law
Under Spanish law, it is clearly stated that compensation could be available for a person who has come to harm caused by a negligent act, or an omission from another. With regards to making a personal injury claim in Gran Canaria, the legal duty of care is regulated in Article 1902 of the Spanish Civil Code which is concerned with liability.
How Damages Could Be Estimated For Claims Made Under Spanish Law?
The way UK compensation is calculated is a little different to the way that it is done in Spain. On the 1st of January 2016, the amount of potential compensation that a person could be awarded in the case of a Spanish claim was increased, thus:
- Death compensation by 50%
- Permanent injury compensation by 35%
- Temporary injury compensation by 12.8%
The Baremo System which is used in Spanish Law to calculate the amount a victim of personal injury could claim regulates civil liability and road traffic accident claims. It works on a points system. For a full explanation of just how much you could be able to claim in your own case, please speak to one of our claim advisors.
Will I Be Making A Claim Under British Or Spanish Law?
How you booked your holiday could sometimes determine if injured through negligence while on holiday what country you could pursue your claim in. If you booked your holiday as a package holiday booked in the UK by a UK tour operator and you suffered a personal injury in the hotel that was booked as part of the deal the package holiday provider may be liable.
If all your trip was booked privately and you injure your self in your hotel due to the negligence of the staff your claim could be against the company who own or run the hotel.
Accident And Injury Claims Calculator
You could try and find an online personal injury claims calculator that will give you a fairly rough estimate of how much you could be able to claim for the harm that you suffered on holiday. You can also use the table below, that is based on the UK judicial guidelines for awarding compensation.
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.
However, if you have suffered a personal injury whilst on holiday in Gran Canaria, we recommend that you speak to one of our claims team. They will be able to tell you where the above UK related figures differ from the compensation you could expect to receive under Spanish law.
Examples Of Other Types Of Damages You Could Claim Compensation For
When you make a personal injury claim, and your claim is successful, the settlement you receive is going to be made up of potentially several types of damages. These damages will compensate you for physical harm as well as financial and other losses. They could include:
- General damages (all of these kinds of damages relate to physical harm):
- Loss of life quality.
- Long term or permanent disability.
- Lengthy and painful recuperation.
- Psychological damage.
- General pain and suffering.
- Shock and mental trauma.
- Special damages (all of these kinds of damages relate to financial and other types of losses):
- Loss of future prospects and income.
- Loss of current earnings.
- Cost of hiring care or support staff.
- Private medical fees.
- Travel costs.
No Win No Fee Claims For Accidents On Holiday In Gran Canaria
We have developed our national No Win No Fee claims service, to provide all residents of the UK with a financially reduced way to have their holiday claim processed. When we start handling your claim for you, we don’t charge anything. As we process your claim, no matter how long it takes, we still charge nothing. If we don’t manage to get you any compensation, there is still nothing to pay us. The only time that we will take a fee, is when we have received a compensation payment for you. We will then deduct our fee from the money received, and then hand you the rest.
How Our Spanish Holiday Injury And Illness Claim Experts Can Help You
When you use us as your personal injury solicitor to process a holiday claim, you can rest assured of several key things:
- We will do all we can to ensure that your claim is successful.
- We will aim to get you the most compensation possible for your case.
- We will use simple English with no legal jargon to communicate with you.
- We will operate completely and transparently, explaining all that we do for you.
Contact Our Holiday Accident Solicitors
Have you been injured on holiday in Gran Canaria? Do you think that you have a valid reason to make a compensation claim? Do you need a personal injury lawyer to process your claim for you? If so, please speak to one of our claims team on 0800 073 8804. They will explain how we can help to get your claim underway today!
Resources And Helpful Contacts
You could find that these resources are useful:
You may also like to read these related guides:
Edited By Melissa.