Majorca / Mallorca Injury Claim Time Limit – Limitation Period For A Personal Injury Claim In Majorca / Mallorca? – How Long Do I Have To Claim Compensation?
Personal injury time limits Majorca/Mallorca
On this web page, you will find a guide to the Majorca holiday accident claim time limit. Although we do cover time limits in this guide, we also go over many other aspects of making a holiday claim if you have sustained an injury or been made ill due to negligence of a third party. By reading it, you should learn all you need to know about the claims process if you are considering pursuing your own holiday accident claim.
If you have any questions about the contents of this guide, or your eligibility to make a claim in general, then please speak to one of our claims team. They can be contacted on 0800 073 8804, and will be ready to offer any help that you need.
Select A Section:
- A Guide To Mallorca Holiday Accident Claim Time Limits
- Majorca Holiday Accident Claim Time Limit
- What Accidents Could Happen On Holiday In Majorca/Mallorca?
- Who Is Eligible For Majorca Holiday Accident Claims?
- What Is Negligence And Duty Of Care Under Spanish Law?
- How Damages Are Quantified For Claims In Mallorca/ Majorca
- Accident Claims Calculator
- Holiday Accident Damages And Compensation Categories
- No Win No Fee Travel Claims For Accidents In Majorca/Mallorca
- How Our Travel Accident Claims Team Could Help You
- How To Contact Us
- Related Guides And Emergency Contacts
A Guide To Mallorca Holiday Accident Claim Time Limits
In this guide, we look at much more than only the Mallorca holiday accident claim time limits. We also cover legal and financial implications of making holiday accident personal injury claims. The guide begins by going over what an eligible holiday accident could be, and also explaining how the issue of liability (full or partial) is resolved. In this part of the guide, we also cover the legal process of making a personal injury claim in Spain, how the duty of care is applied in Spain, and also the general way that damages are calculated. Additionally, we have provided a table that shows the general time limits that could apply to your claim.
The second half of this guide, we have included a detailed table that shows UK compensation ranges, for injuries and illnesses (both physical and psychological), that are published by the UK Judicial College and are used for calculating UK compensation amounts. We also give a list of the kinds of UK damages that a successful UK settlement could comprise of. Finally, we introduce our no win no fee claims service, as a simple and effective way for you to have your claim processed.
If you have any questions at all about the contents of this guide on Mallorca holiday accident claims time limits, or need additional information that was not included within it, then please speak to one of our expert claim advisors. They will be ready and waiting to assist you.
Majorca Holiday Accident Claim Time Limit
You will need to know which Spanish personal injury claim time limits apply, in order to judge whether you are eligible to make a claim. The personal injury claims time limit changes depending on the circumstances of the claim, the table below shows the general time limits that could be applicable. However, these can change in certain special circumstances, and we recommend that you speak to one of our claims team to check which applies in your own case.
| Claim Circumstances | Applicable Time Limit |
|---|---|
| If you were injured whilst overseas on a package holiday, that you booked with a travel firm that is based in the UK. | 3 years may vary. |
| If you were injured whilst overseas on a holiday, that you booked independently, arranging your own transport and accommodation. | Generally, 1 year may vary. |
| If you were injured on an independently booked international flight. | 2 years under the Montreal Convention. |
What Accidents Could Happen On Holiday In Majorca/Mallorca?
Accidents potentially could happen anywhere on holiday or back in the UK, injuries could range from minor to very serious depending on the circumstances of the incident. If accidents do happen while away on vacation they may ruin part or all of your stay. It is important to make clear that not all accidents which have caused an injury or not all holiday illnesses will be eligible for holiday accident compensation. However, in order to be eligible to make a claim, a third party who owed you a duty of care must have, at least partially, be at fault for the harm you have suffered. Here we have included scenarios that could possible happen while on holiday which could result in an injury or illness;
- A road traffic accident while away on holiday that was caused by another driver, that resulted in an injury such as whiplash.
- A holiday hotel accident such as electrocution caused by a faulty light switch in your room that should have been repaired.
- A swimming pool illness to a guest, such as a waterborne virus that could have been prevented had the right chemical balance been present in the swimming pool.
The common denominator of these three examples, is that the accident could have been prevented had the right care and attention, health and safety procedures and maintenance been in place. If an accident or injury could have been avoided and was caused due to negligence of a third party who had let their duty of care lapse then a basis for a compensation personal injury claim could exist.
Who Is Eligible For Majorca Holiday Accident Claims?
Firstly it is important to say that under Spanish Law the time limit differs to the UK. Many are under the misconception firstly, that there are no personal injury claims time limits and secondly those that are aware that there are time limits mistakenly think they are the same as the UK’s three year personal injury claim time limit.
Under Spanish Law any persons who admits negligence or error, any persons through a negligent deed harms another is obliged to compensate that person to reverse the effects of the negligence. Article 1904 of the Spanish Civil Code which is referred to when establishing liability for a negligent act which has caused harm will be used when determining whether a person has eligibility for damages.
Negligence And Duty Of Care Under Spanish Law
In Spain, the duty of care framework is regulated by Article 1902 of the Spanish Civil Code. Tort law or “extracontractual liability” as it is referred to under Spanish Law allows those who have suffered harm due to negligence to be put back into the position that they were in before the negligent act took place.
If you have suffered an injury or been made ill while on holiday in Majorca but are unsure as to whether you are eligible to be able to make a holiday accident claim please speak to one of our expert advisors on the number below.
How Damages Are Quantified For Claims In Mallorca/Majorca
Depending on various circumstances if you are eligible to make a holiday accident personal injury claim for an injury or illness that happened while on holiday in Majorca you will either make your claim under UK law or Spanish law. If you are making your case under Spanish law, if you are successful your claim will be calculated using the Baremo system. The system has seen a complete new overhaul which came into force in January 2016 it is a total reform to the older system to be more inline with compensation amounts for the rest of Europe.
The Baremo system has three main categories when it comes to compensation:
- Death.
- Permanent physical injury.
- Temporary physical injury.
The system is divided into three main areas of damages;
- Basic personal damages.
- Specific personal damages.
- Material damages which will cover any loss of earnings.
To learn what category your injuries would fit in to and how your compensation could be calculated call one of our holiday accident personal injury specialists today and they will be able to advise what category in the Baremo system your injuries would fit in to and what in terms of damages you would be able to include in your case.
Accident Claims Calculator
You could try to find an online personal injury claims calculator to get a rough idea of how much you could claim. You can also use this table below, which details compensation ranges for differing injuries and illnesses. Please note that these compensation amounts are for injuries and illnesses for personal injury claims that are pursued under UK law. Compensation amounts may differ from country to country.
| 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 require a more accurate estimate of how much you may be able to claim, use the contact number down at the end of the page to speak to one of our claims team. Once they know a little about your claim, they can give you an idea of the level of compensation you could expect.
Holiday Accident Damages And Compensation Categories
If you are successful in pursuing your claim and you have done so under UK law there are two main damages that will be included in your overall settlement, we have broke these two categories down they include;
- General damages (to compensate for physical and psychological harm):
- Lowered quality of life in the future.
- Permanent or long-term disabilities.
- Psychological injuries (PTSD, anxiety, depression, etc.)
- Long and painful treatment and recuperation.
- General pain and suffering.
- Special damages (to compensate for financial losses and others):
- Loss of future work prospects and earning potential.
- Loss of current wages or salary.
- The cost of private medical care.
- Travel fees.
- The cost of hiring in home help or nurse.
If you would like to know what kinds of damages could be claimable in your own case, please speak to one of our claim experts, who will be able to let you know.
No Win No Fee Travel Claims For Accidents In Majorca/Mallorca
Our No Win No Fee claims service, is available to all across the UK. There is no fee at all to take your claim on, or while we are processing your claim for you. If we are unsuccessful, and you don’t receive any compensation, there is still no fee to pay us. If we are successful and you are awarded compensation we retain a percentage of the compensation for our fees and send you the rest.
How Our Travel Accident Claims Team Could Help You
We can act as your personal injury lawyer to process your holiday accident claim if you have a valid case. When we do act in this capacity, you can be assured of several things:
- We will do all we can to ensure your claim is successful.
- We will aim to get you the maximum level of compensation for your case.
- We will keep you updated regularly about the status of your claim, in a transparent manner.
- We will use plain English, and no legal jargon, so that you understand all that we are doing for you.
If you would like to know more about the service we offer, please speak to one of our claim advisors on the telephone number below. Once they know a little about your claim, they will tell you how we can be of assistance.
How To Contact Us
Have you been injured in an accident on holiday in Spain? Do you believe that you might have a valid reason to make a personal injury claim? If you do, then please call our claims team on 0800 073 8804. They will explain how we can be of assistance, and if we feel you have a valid case we will help to get your claim started right away.
Related Guides
These additional guides, elsewhere on this site, could be useful:
How to claim for a holiday accident in Majorca
Claiming for a hotel accident in Majorca
Edited By Melissa.
