Magaluf Personal Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Magaluf? – How Long Do I Have To Claim Compensation?
Suffering an injury or becoming ill is never nice regardless of when it happens, but happening whilst on holiday, especially when in a foreign country, can certainly make things seem worse. Being injured or ill on holiday not only ruins what should be a lovely time, but can also be more worrying as accessing healthcare is different than in the UK and with the added problem of the language barrier it can be quite stressful. If you are injured because of someone else’s wrong doing, you should definitely consider finding out your eligibility to make a holiday accident claim. Being injured whilst on holiday can have financial implications and so claiming compensation can help to remove the financial losses and burdens you may be left with as a result. However, if making a claim, it is imperative that it is initiated within the set limitation period in accordance with the circumstances surrounding the injury. Legal Expert is an experienced legal team that can provide help and guidance with making a claim, just call us on 0800 073 8804.
Select a Section
- A guide to time limits for Magaluf holiday accident claims
- What are accidents, injuries and illnesses on holiday in Magaluf?
- How to sue for a personal injury on holiday in Magaluf
- Duty of care and negligence
- Quantifying and calculating damages in the New Baremo
- Time bars and limitation periods for Magaluf holiday accident claims
- Magaluf holiday accident or illness claims calculator
- What different damages can I claim for a personal injury in Magaluf?
- No win no fee Magaluf holiday accident claims
- How our overseas travel accident experts can help you
- Contact an overseas accident solicitor
- Related articles and helpful contacts
A guide to time limits for Magaluf holiday accident claims
Personal injury time limits Magaluf
Going on holiday is something that is generally planned in advance and looked forward to until the date of departure finally arrives. For most people, their holiday is a success and they have a fantastic time and come home feeling relaxed and rejuvenated with wonderful memories. However, unfortunately for a small number of people, the holiday is ruined by an unexpected injury or illness. Although injuries and illnesses happen to all of us at some time or another and sometimes are just something that has happened that couldn’t be helped, often, they occur because of someone’s negligence or error. If your injury or illness was caused by someone else, you could have a valid personal injury claim.
Making a Spanish personal injury claim can be a complex process, especially if you have no experience or knowledge of the personal injury claims industry. Therefore, Legal Expert have designed this guide to provide some information that will answer some of the common questions about the process of making a claim. In the guide we discuss things such the duty of care of your holiday provider, how damages re calculated, what the Magaluf holiday accident claim time limits are, what type of damages can be claimed for, how much you could be awarded and lots more.
After reading through the guide, if you have any questions at all regarding Magaluf holiday accident claim, just call us at Legal Expert and we will be happy to help.
What are accidents, injuries and illnesses on holiday in Magaluf?
There are numerous types of accidents that may occur whilst on holiday in Feurteventura that may result in an injury or illness. As personal injury claims specialists, we can only help you to claim compensation for injuries that were caused by someone else. If your injury was either unavoidable or caused by negligence on your part, you will not have a legitimate cause to claim for compensation. But if your injury was because of someone else’s negligence, then you will have a valid reason to claim. An example of this is say you were partaking in a water sport activity, and you didn’t follow the instructor’s advice and instructions, then you would be to blame for your injury as it was your own negligence that resulted in your accident, but if you followed your instructor’s advice and became injured, you could claim for compensation as it was their or their employer’s negligence that resulted in your injury.
Some common types of accidents include:
- Slip, trip and fall accidents
- Swimming pool accidents
- Hotel accidents
- Road traffic accidents
- Water sports accidents
- Food poisoning
- Balcony accidents
- Excursion accidents
How to sue for a personal injury on holiday in Magaluf
According to Spanish Law, there is an obligation that compensation is given for damages caused by a negligent act. Proof of liability, as with all personal injury claims, must be proven. The claim needs to be started within the Magaluf holiday accident time limits. Compensation for personal injury in Spain is determined by the R.D.L. 8 / 2004 Law of Civil Liability, and is fixed in accordance with the objective criteria. The claim will be made up of a number of components relating to general and special damages.
Speaking to an experienced personal injury solicitor can be a great help in understanding the legalities involved in making a Spanish holiday accident claim.
Duty of care and negligence
Duty of care in Spanish Law is regulated in Article 1902 within the Spanish Civil Code which collects liability for the negligent acts and states ‘Anyone who through deed or omission causes harm to another, through fault or negligence, is obliged to repair the harm caused.’ The principles of law, statutes and custom are the basis of the Spanish legal system. Precedents of case law, or judicial decisions are also really important.
Negligence and lack of duty of care is one of the most common reasons for people to sue companies and other third parties for compensation.
A court of law will look at the general principles of each case whilst interpreting the statutory law and how it is relevant as the courts would do in the UK. Proof and evidence are really important in determining whether negligence of the duty of care did in fact occur resulting in the personal injury.
A personal injury lawyer will be able to clarify if you have been injured due to negligence and the sort of evidence you will need to prove liability. Good accident abroad claims advice is vital if you wish your claim to be successful.
Quantifying and calculating damages in the New Baremo
The New Baremo is a section within the R.D.L. 8/ 2004 Law of Civil Liability which regulates the calculation of compensation for personal injury. Although originally used just for compensation for road traffic accidents, it is now used by judges as a guide in determining the amount of compensation for all personal injury claims cases.
The Baremo sets out the rules for which compensation is assessed based upon the civil law principles for the full reparation of the claimant, objective damage and structured compensation.
The Baremo decides on the types of damages that a claimant can include and distinguishes in which category to class each as out of death, permanent personal injury and temporary personal injury. Types of compensation to make up the final amount include basic personal injury, individual personal injury (these account for moral damages, reduced quality of life), and monetary compensation to cover financial losses and expenses.
Personal injury compensation and how much you receive will depend on your own unique circumstances and how much impact your injury has had. Holiday compensation solicitors can help you to determine what category your injury will fall into so that you receive the correct level of compensation.
Time bars and limitation periods for Magaluf holiday accident claims
In order for a Spanish personal injury claim to be considered, it has to have been started within the set limitation period according to the circumstances in which the injury occurred. There are a few different Magaluf holiday accident claim time limits depending on how and where the accident took place and what the situation was at the time.
The Spanish personal injury claim time limits are as follows:
| Circumstance of Injury / Illness | Time limit |
|---|---|
| For an injury that occurred during a privately booked (not package deal) trip that was NOT booked through a UK based tour operator | 1 year may very |
| For an injury that occurred during a flight to or from Magaluf / Spain, at your accommodation, or during a planned excursion or activity, all booked as part of a package deal through a UK based travel company | 3 years may very |
| For an illness or injury that occurred during a privately booked flight to or from Magaluf / Spain that was NOT booked through a UK based tour operator | 2 years may very |
Sometimes the time limits can vary a little and so it is best to start your claim as soon as possible in order to make sure you are well within the limitation period. For more information, you can contact Legal Expert who will be able to help determine if your claim is within the time limit.
Magaluf holiday accident or illness claims calculator
There are many different types of accidents and different illnesses that may occur whilst on holiday in Magaluf and all will vary in their degree of severity and the impact it has on the victim. Generally speaking, the worse the injury is and the greater the impact on the claimant’s life, the higher the compensation award will be. So you may be wondering how much might you receive in compensation, but due to there being so many variables that make up the concluding compensation award, at this stage we can only show you the average compensation awards for common injuries associated with holidaying in Magaluf rather than an accurate figure for your own injury. Below you’ll find these amounts in the table:
| Reason for Compensation | Average Award Amount | Comments |
|---|---|---|
| Minor to Moderate Foot Injury | £2,150 – £21,910 | Simple sprains and strains with full recovery in short space of time, rising to simple fractures and dislocations with full recovery expected, rising to displaced metatarsal fractures causing permanent deformity and continuing symptoms |
| Moderate to Severe Foot Injury | £21,910 – £61,410 | Permanent disability and on going pain and discomfort, rising to severe injuries that fall short of amputation causing mobility issues and much pain and discomfort and permanent disability |
| Minor to Moderate Ankle Injuries | £4,820 – £23,310 | Simple sprains and strains rising to fractures or dislocations that may require surgery to correct causing balance and mobility issues |
| Moderate to Very Severe Ankle Injuries | £23,310 – £61,110 | Complicated fractures to severe fractures or serious soft tissue damage that can result in deformity and instability and needing lengthy treatment processes. On-going pain |
| Minor Severe Knee Injuries | £5,250 – £84,360 | Sprain, strains and knee dislocations causing pain and discomfort and minor instability but recovery expected to very severe injury where there has been disruption to the knee joint and severe ligament damage casuing problems with mobility and loss of knee function. |
| Minor Severe Leg Injuries | £2,150 – £119,210 | Simple fractures, breaks or strains with full recovery in a matter of months, rising to severe injuries that fall short of amputation but rendering the leg or legs useless with on-going pain and disruption to quality of life |
| Minor to Severe Back Injuries | £2,150 – £141,150 | Temporary damage to disks and muscles with full recovery, rising to severe injuries resulting in permanent damage to soft tissue, disks and spinal column, possibly resulting in paralysis. |
| Minor to Severe Neck Injuries | £2,150 – £131,160 | Temporary damage to disks and muscles with full recovery, rising to severe injuries resulting in permanent damage to soft tissue, disks and spinal column, possibly resulting in paralysis. |
| Minor to Severe Wrist Injuries | £3,090 – £52,490 | Simple sprains and strains, rising to more complicated breaks, fractures and serious soft tissue damage rendering the wrist or wrists useless. |
| Minor to Severe Arm Injuries | £5,810 – £114,810 | Slight fractures with full recovery, rising to severe injuries that fall short of amputation to one or both arms, on-going pain and permanent disability |
| Mental Anguish | In the region of £4,100 | Fearing impending death and loss of life that wasn’t expected |
These figures are just averages in accordance with the latest Judicial College Guidelines and aren’t by any means the amount you will receive, you could receive more, or you could receive less. The amount awarded to you should your case win, will depend on the individual circumstances of your case.
What different damages can I claim for a personal injury in Magaluf?
Overseas accident claim compensation amounts are made up of a few different components which when added together, will give the concluding settlement figure. These components are:
- General Damages – These are for the injury itself including any psychological trauma. The degree of severity of the injury matters here, as does the type and length of treatment needed, the level of impact on the claimant-s well-being and lifestyle and whether or not there will be any long lasting or permanent effects. Injuries of a more severe nature will attract the higher award amounts.
- Special damages – These relate to the financial aspects of being injured and will include:
- Medical Expenses – Any expenses incurred relating to medical care or treatment, medical equipment and future medical in relation to the injury sustained in Magaluf.
- Travel Expenses – Travel expenses that have been incurred in direct relation to being injured can be included in the claim. These may include having to pay for extra flights to get home if you were not well enough to fly home on your original departure date, any travel expenses to and fro medical appointments and also any expenses caused by needing vehicle adaptions to cater for your injury.
- Loss of income – Any income you have lost or may lose in the future as a direct consequence of being injured can be included.
- Loss of benefits – Any work benefits lost or future benefits lost because of you becoming injured can be included in the claim.
- Care claim – You can launch a care claim if you have required home help whilst convalescing.
A travel accident solicitor will be able to advise exactly what you should include in your claim to ensure that you receive the maximum amount that you are entitled to.
No win no fee Magaluf holiday accident claims
When undertaking such a task as a Spanish personal injury claim, it can be a complete relief to hire a personal injury solicitor who is experienced in accidents abroad and international personal injury claims to pursue the claim as they will know exactly what is involved and how to process the claim in order to give the best chance of a successful outcome for the claimant. However, legal help doesn’t come cheap and can often be what puts people off of claiming the compensation they are entitled to as they simply cannot afford to pay the legal fees. For this reason, many personal injury claim firms, such as Legal Expert, offer a no win no fee service whereby no fees are due until the claim has concluded and only in the case of a win. No win no fee basically enables anyone, no matter their financial situation, a chance to claim for the compensation they deserve as there are no start-up costs to pay, no costs to pay during the process, which is a relief as sometimes legal cases can take up to several months to conclude, and no costs to be paid out of their own pocket at the end. If the case is a success, the solicitor will take their fee from the settlement amount awarded as a percentage (maximum of 25%), with the claimant receiving the remainder (minimum of 75% of the claim award). But if the case is unsuccessful, there will be no fees to pay at all.
No win no fee allows you to pursue your claim with legal representation without any impact to your current finances.
How our overseas travel accident experts can help you
Having a legal team conduct your claim for you can be a huge relief as you know that your case will be conducted in the correct manner, effectively giving the best chance of success. However, before hiring a legal team, you want to ensure that they are experienced in personal injury claims and that they have a good track record of making successful claims. Also, it’s a good idea to check how they expect you to pay them as not all solicitors offer a no win no fee service and some expect to be paid by the hour.
Legal Expert is a team of expert personal injury claim specialists that have successfully been making personal injury claims for more than 30 years. We have a very successful track record with many happy clients. We are dedicated to getting you the compensation you deserve and so work quickly and efficiently, investigating and collecting all the evidence we can to support your claim to make sure you have a strong case to take to court. Due to our hard work and the dedication that we give each individual case, we have often won for our clients the maximum amount of compensation possible and will do our best to do the same for you. We are reliable, friendly and very approachable and will always answer your questions honestly and as best we can. If you pick us to pursue your claim on your behalf, you can be sure that it will be in the best of hands as we will strive to get you the best result possible, keeping you informed of our progress throughout the claiming process. With our no win no fee service, you will have an expert legal team behind you without the financial worry how to afford the legal fees.
Contact an overseas accident solicitor
To ask Legal Expert for accident abroad claims advice, or to find out if they could pursue your claim for you, you can contact them on 0800 073 8804. Someone will answer your call and do their best to help. Depending on your enquiry we may offer you a free consultation where you can discuss the details surrounding your case in more detail and ask questions about the claiming process, we will also use this consultation to gather the facts about your case from you so that we can accurately assess if you have a valid claim. Once a valid claim has been established we will, in most circumstances, then offer to conduct the claim for you on a no win no fee basis. We might also provide you a local free medical to have your injuries thoroughly assessed by a medical professional.
Related articles and helpful contacts
Its important when travelling abroad to have full travel insurance otherwise if you need medical treatment, you could be faced with huge medical bills to pay. In Europe, you can also carry an EHIC card which will allow you access to healthcare in Magaluf, although this doesn’t replace proper travel insurance but can be used for basic medical care.
This leads to our government site offering advice on healthcare in Spain.
British Consulate Palma de Mallorca
Here you will find all the contact details for the British Consulate.
This is a guide giving more in-depth information regarding no win no fee solicitors.
Claiming compensation for a holiday excursion activity injury
This is another of our guides that you may find useful if your injury occurred whilst you were partaking in an organised activity or excursion whilst on holiday.
