Ibiza Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Ibiza? – How Long Do I Have To Claim Compensation?
If you have been involved in an accident that was not your fault whilst on holiday in Spain, but was due to the negligence of a third party who owed you a duty of care you could be entitled to compensation for any illness or injury that the accident caused. If you were injured or made ill because of an Ibiza holiday accident, your immediate focus will of course be on getting well again. However, you should be aware that there is a statute of limitations for making a personal injury claim in Ibiza or Spain. What does this mean? This means you will only have a set amount of time after your accident to begin your personal injury claim. Therefore, it is important that you begin your Spanish holiday accident claim as soon as possible, to ensure that your claim does not fall outside of the statute of limitations, or personal injury claims time limit.
Time limits can vary greatly depending how you booked your holiday, where the accident on holiday happened and who may be responsible for your injuries suffered. The personal injury claim time limit in Spain can vary greatly, depending on the circumstances of the accident. In this guide, we will look at examples of accidents that could happen while on holiday and look at the different Ibiza holiday accident claim time limits in more detail.
Remember, if you experienced an injury or illness because of an accident that was not your fault on holiday in Ibiza, but the responsibility of a third party you could be eligible to start a claim for compensation, and Legal Expert could be able to provide you with the right holiday accident compensation solicitor to handle your claim. We are a highly respected firm specialising in personal injury law, who could provide holiday personal injury victims with an excellent holiday accident solicitor based in the UK, to handle your personal injury claim.
Call us today on 0800 073 8804 for your free personal injury claims consultation. If we believe that you are entitled to claim compensation, we will advise you of know how much holiday sickness compensation or holiday injury compensation you could be awarded and will provide you with an excellent personal injury solicitor, who could start working on your claim right away. Call us today to begin your holiday accident claim, we are looking forward to hearing from you.
Select A Section
- A Guide To How Long You Have To Claim For An Accident On Holiday In Ibiza
- Ibiza Holiday Accident Claim Time Bars And Limitation Periods
- What Is An Ibiza Holiday Accident?
- How Personal Injury Claims In Ibiza Are Conducted
- Duty Of Care In Spanish Law
- Accident Personal Injury UK Claims Calculator
- Categories Of Damages In Holiday Accident Claims
- No Win No Fee Illness And Injury Compensation Claims For An Accident On Holiday In Ibiza
- How We Could Help After An Accident In Ibiza
- Related Articles And Who To Contact If Injured In Spain
Spain is one of the most popular holiday destinations for holidaymakers from the UK. in fact, in 2019, nearly 19 million British nationals visited Spain for a holiday, business trip or to visit friends and family. The island of Ibiza, one of the Balearic islands is a popular holiday destination. Ibiza is known for the nightclubs in Ibiza town, whilst smaller resorts on the island are popular with families and couples seeking a relaxed beach holiday. Spain is considered a safe country to visit. However, if proper standards of health and safety procedures are not followed at all times injuries and illnesses could occur.
If you have been taken ill or have been injured because of an accident on holiday in Ibiza, and you feel that a third party is responsible for the harm that has been caused Legal Expert could help you establish if you could pursue a claim for compensation. You may have been injured because of negligence on the part of a transport provider, your hotel, a restaurant, you were injured in a car accident in Ibiza, or you suffered an Ibiza tourist bus accident, if you are unsure whether you are eligible to make a claim call Legal Expert today to receive your free holiday accident claims consultation. If you have legitimate grounds to claim, one of our holiday accidents claims solicitors will start working on your claim right away.
In Spain, the amount of time you have to make a personal injury claim varies greatly, depending on a number of factors such as where the injury took place and how the accident come about. If you were injured on a package holiday booked in the UK by a UK tour operator you will have three years in which to begin your claim if the negligence that occurred was the responsibility of one of the providers booked as part of the deal. This is because the UK has a statute of limitations of three years. If you are injured on a package holiday booked in the UK by a UK tour operator your rights will be protected by the Package Travel, Package Holiday and Package Tour Regulations of 1992.
Spanish personal injury claim time limit is usually 1 year for personal injury cases (this may vary). You can find the different lengths of Ibiza holiday accident claim time limits in the table we have included below.
|Circumstances of accident / type of claim/ claimant||Time limit applicable|
|General time limit for personal injury claims under Spanish law||1 year under article 1968 Civil Code - this can vary.|
|Accidents and injuries on a UK booked package holiday through a UK tour operator.||3 years (may vary).|
|Flight accident claims. Time limits vary depending on if your accident happened on a privately-booked flight or one which was part of a package holiday.||2 years for privately booked flights (may vary).|
An Ibiza holiday accident could be an incident that happens while on holiday totally unexpected causing injury and damage. To be eligible to make a personal injury claim for the accident which lead to an injury or illness it must be the responsibility of a third party or owed you a duty of care. If you are injured or become ill due to your own risks or it was due to an accident that could not be prevented then there would be no eligibility.
Accidents that could occur while on holiday include: restaurant accidents in Ibiza, food poisoning illness, car crashes in Ibiza, hotel room accidents, swimming pool accidents or adventure sports activity accidents. If you believe you are entitled to receive compensation for an accident in Ibiza, call Legal Expert today. If you have the right to make a personal injury claim one of our excellent holiday accident compensation solicitors will start working on your claim right away.
Spanish law states that if one party acts negligently and this causes another party an injury or illness, then the negligent party may have to pay the other party compensation. Personal Injury claims can be assessed by using the The Good Father Of A Family Test. It must be proven that all has been done through the correct precautions and processes to eliminate the risk. For a claim not to be brought. The test of diligence.
Under Spanish law the Duty of Care is documented and regulated in the Article 1902 of the Spanish Civil Code. It is concerned with liability for negligent acts or omission. As mentioned above anyone who through deed or omission causes any harm to another in the form of negligence or through fault must repair what they have caused.
If you have been injured or made ill on holiday in Ibiza, you could be anxious to know how much your holiday accident claim is worth. You have the option of calling Legal Expert for your free consultation, where one of our knowledgeable advisors will estimate how much holiday illness compensation or holiday injury compensation you could be entitled to receive. Alternatively, you can quickly consult our personal injury claims calculator, which will provide you with a more generalised quote of how much you could claim in general damages. This data is not personalised to you but is based on UK aggregate data that is used for UK cases. It also doesn’t include any special damages you could be entitled to receive.
|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.|
If you make a successful personal injury claim for a holiday accident booked through a UK tour operator, you may be awarded a compensation package consisting of two different parts, both known as damages. The first part will be general damages, the second part will be special damages. Let’s look at what general damages and special damages mean in more detail below.
General damages are often the primary part of your personal injury claim award. They exist to compensate the injured person for the pain, suffering, and loss of amenity that they have experienced because of the injury or illness, caused by their accident. General damages are usually the largest part of a holiday accident compensation award.
Special damages are the secondary part of your personal injury claim. As well as being a painful and upsetting ordeal, becoming injured or ill on holiday could also be a costly experience, especially if the injured person has to pay for medical treatment, or is unable to work for a period of time whilst they recover. Special damages serve to compensate the injured person for any out of pocket expenses they experienced as a result of their holiday accident. We have included some examples of special damages compensation that our clients often claim.
Types of common special damages:
- Travel expenses: You could claim back many types of travel expenses that you experienced because of your personal injury. These could include the cost of transport to the hospital after you were injured, the cost of alternative transport such as taxis or buses if you were not able to drive for a period of time after your accident, or the cost of repatriation, if you were seriously injured and needed to be sent home after your injuries in Ibiza.
- Medical expenses: You could claim back your medical expenses after being injured on holiday in Ibiza. This could include the cost of any immediate hospital treatment you needed after your accident, or ongoing expenses such as medication, outpatient treatment, physiotherapy or even counselling. You could also claim back the cost of any medication that you needed.
- At home care: Did a kind friend or family member care for you at home when you were unwell or injured. Your personal injury claim could include compensation for them, which you could claim on their behalf. If you now need at home care on a long term basis then you could claim expenses for this as well.
- Mobility equipment and at home adaptations: In the very serious event that your holiday accident in Ibiza caused you to become permanently disabled, you could claim compensation for any mobility equipment or at home adaptations you may now be in need of. This could include a wheelchair, an adapted bathroom, or installing a stairlift.
- Loss of income: Often when people are seriously injured or made ill, they have to take time off work to recover. This could cause them to lose income such as their salary and in work benefits such as pension payments. You could claim these back, and claim back any future income lost because of your accident.
Please always check with your solicitor before paying for such things out your own pocket and they will advise what expenses could be claimed back.
Do you wish to make a personal injury claim for a holiday accident that happened in Ibiza? We could provide you with an excellent holiday accident solicitor who could work for you on a no win no fee basis. What does a no win no fee claim mean? No win no fee means you will not be charged an upfront fee. Instead, they will work for you on the condition that you will only pay their fee if you win your compensation claim. In the unlikely instance that you do not win your compensation claim, you will not have to pay their fee.
At legal Expert, we will never take on a claim that we don’t believe we can win. However, many clients that make a no win no fee holiday accident claim, feel it is a less stressful and more affordable way to make a holiday accident claim. To learn more about making a no win no fee claim, read our online guide or call Legal Expert today to speak to one of our advisors.
Have you been involved in a hotel room accident, swimming pool accident, restaurant accident, car crash accident in Ibiza or an Ibiza tourist bus accident that was not your fault? Do you feel the injury you suffered was due to the negligence of a third party who owed you a duty of care? Trust Legal Expert to handle your accident on holiday claim. We can provide you with an excellent holiday accident claims solicitors based in the UK, who will be able to handle your accident claim. Call us today for your free consultation, and if you are entitled to claim, we will start working on your holiday accident claim right away.
Call now, and speak to a legal expert today.
The Foreign Office’s Travel Advice Guide To Spain – information from the UK’s FCO.
The website of the British consulate in Ibiza – how to contact the closest British Consulate.
Ibiza Car Accident Guide – How To Claim Compensation For A Car Accident In Ibiza
A Guide To Ibiza And Formentera Airport Accident Claims – How To Claim Compensation For A Personal Injury At Ibiza And Formentera Airport?
Edited By Melissa.