Menorca Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Menorca? – How Long Do I Have To Claim Compensation?
Menorca is one of Spain’s Balearic Islands offering turquoise waters, lengthy sandy beaches and a chance to have a relaxing holiday. The island is popular with tourists who can stay in one of its many hotels. The holiday Island is very popular with British tourists as it is a mere couple of hours away.
In this guide we are going to examine the time limits those have for claiming compensation if they have been injured in an accident in Menorca. If you do not start your personal injury case within the specific time limits your case may become statute barred. Please note that time limits will vary greatly depending on how your holiday was booked, where the negligent accident happened which lead to your injury or illness and what type of accident it was
Legal Expert specialise in personal injury claims, including holiday accident claims and flight accident claims. If you’d like to begin a claim today, using our no win no fee service, please call 0800 073 8804 so that we can assess your claim.
Alternatively, if you want to know more prior to claiming, please carry on reading this useful guide.
Select A Section
- A Guide To Limitation Periods For A Holiday Accident In Menorca
- Limitation Period For Holiday Accident Claims In Menorca
- What Is An Accident On Holiday In Menorca?
- How Are Claims For Accidents On Holiday In Spain Conducted?
- Duty Of Care and Spanish Law
- How The Spanish Baremo Quantifies Losses
- Accident On Holiday Personal Injury Claims Calculator
- Categories And Types Of Damages You Could Claim For
- No Win No Fee Claims For Holiday Accidents In Menorca
- How An Overseas Accident Claim Solicitor Can Help You
- Contact Our Team Of Specialist Solicitors
- Related Articles And Where To Get Help
A Guide To Limitation Periods For A Holiday Accident In Menorca
Personal injury time limits Menorca
Menorca is the 3rd most populated of the Balearic Islands. It has palm tree lined beaches, beautifully clear waters and many opportunities to keep sightseeing tourists happy. If you have suffered a holiday accident while visiting Menorca that was not your fault but the fault of a third party, you may be considering making a compensation claim. If you are unsure whether your claim will be made under Spanish Law or UK Law call Legal Expert who can clarify your situation.
This guide will try to explain what types of accidents could occur and who may be eligible for holiday accident compensation. It will also cover the amounts of compensation you might receive, what you’re allowed to claim for and how our no win no fee service works.
Whether you will be making your claim against a UK package tour operator or a private company call Legal Expert and use the free consultation to have your case assessed.
Once you’ve read this guide, if you require any further advice, please contact us. Our team are willing to offer free legal advice if you’re considering a claim.
Limitation Period For Holiday Accident Claims In Menorca
The purpose of this guide is to explain what the limitation period for holiday accident claims in Menorca is. The table below shows the current time bars for personal injury claims in Spain and time limit for accidents that happened on a package holiday book in the UK:
| Claim Type | Time Limit |
|---|---|
| Illness or injury suffered on an element of a package holiday booked in the UK by a UK tour operator. | 3 years may very |
| Illness or injury suffered on a privately booked holiday | 1 year (may vary) |
| Injury suffered on a flight to Menorca airport that was privately booked. | 2 years (may vary) |
Because of these time limits, we recommend you contact us a soon as possible following your return to the UK. This ensures we have enough time to build a claim. It also allows time to gather any supporting evidence that is required.
What Is An Accident On Holiday In Menorca?
If you’ve been involved in an accident on holiday, before worrying about the time limits for legal cases in Spain, you need to know whether you have a valid claim or not.
An accident on holiday could be anything that may cause you an injury or illness. However not all incidents will be eligible for compensation as not all accidents happen due to negligence.
When considering cases, UK personal injury lawyers need to know if all of the following questions are true:
- Did the defendant owe you a duty of care?
- Then, did they breach that duty of care in some way?
- Finally, was it the breach of care that caused your accident to happen which resulted in an injury or illness.
If you can answer yes to all of these questions, you could be eligible to make a compensation claim. If you call one of our team, we’ll offer a free consultation where we’ll let you know if you’ve got a strong case or not.
Examples of injuries and illness which could be sustained on holiday;
- Allergic reactions
- Food poisoning
- Head injuries
- Back injuries
- Broken bones
- Soft tissue damage and bruising
- Scalds and burns
- Electric shock
- Illnesses contracted from water
Examples of accidents that could happen while on holiday;
- Road Traffic Accidents: If you are involved in a road traffic accident in Menorca, which wasn’t your fault, and you are injured you may be able to make a claim for such injuries.
- Slips and Falls: If you fall in your hotel, at the airport, in a shop, restaurant, pub or any other public place, due negligence which caused an avoidable injury we may be able to help you make a claim. Examples are where floors are slippery or wet, but no warning signs were used to let you know of the risk causing you to fall and injure yourself.
- Food Poisoning: Food poisoning could be contracted in a couple of ways. Either by eating food which wasn’t cooked, prepared or stored correctly or by contact with another person who has already become ill. Common food poisoning viruses include norovirus, salmonella an e-coli. You should seek medical attention at the first opportunity.
- Excursion / Activity Injuries: When you participate in an activity, the operator has a duty of care to ensure everybody is safe. This means they should supervise at all times, provide training and safety equipment and assess whether it’s safe to continue in adverse weather conditions. Excursions accidents causing injury could happen if there is a breach in the duty of care.
- Allergic Reactions: It’s important, for allergy sufferers, that food labelling and menus highlight whether food contains certain allergens. If you suffer a reaction because the allergen wasn’t highlighted, keep the packaging or photograph the menu and contact our team for advice on what you should do next.
- Balcony Injuries: Some hotels offer balcony views of the Mediterranean. If the balcony railing is loose, damaged or too low and causes a fall, the consequences could be fatal. If you or a loved one has suffered injuries due to a damaged balcony, contact us to see if you are eligible for damages.
If you are unsure whether the accident you were involved in which resulted in an injury or illness was due to the negligence of someone else call Legal Expert they can advise what rights you may have.
How Are Claims For Accidents On Holiday In Spain Conducted?
Depending on how you booked your holiday or where the negligent accident happened may determine if your claim is pursued under Spanish or UK law.
In Spain they may use a system called The Good Father Of A Family Test to determine if an accident is a negligent accident. It looks at whether enough was done to prevent the incident from occurring, if procedures and processes were followed accordingly to prevent risk of damage.
The big difference between UK and Spanish claims is that, in Spain, a points-based system is used to calculate the amount of compensation awarded. This is known as the Baremo system.
Accidents that happen while on holiday can be complex when it comes to understanding which law applies, and we recommend you use a specialist who has experience both with Baremo system, and calculating compensation amounts within UK law.
Duty Of Care And Spanish Law
In order to pursue a claim for compensation under Spanish law Article 1902 of the Spanish Civil Code must be referenced. It must be shown that there has been a breach in the duty of care. If harm is caused to another through deed or omission, caused by error or negligence then what ever harm is caused must be put right.
The definition under Spanish law is; “Act or omission, damage or loss, illegality, fault or
negligence of the agent and the relation of causality between the damage and fault “.
How The Spanish Baremo Quantifies Losses
As mentioned earlier, the Spanish courts, lawyers and insurers use a points system to determine compensation amounts. The Baremo system was recently updated to include higher compensation amounts for deaths and personal injuries.
Initially, Baremo was designed to deal exclusively with road traffic accidents but it is used in most other injury claims. The system which is legally binding was reformed and the new system came in to play 1st January 2016. The amendments weren’t merely an update but a reform fo the 1995 system.
The following areas are given points;
- The age of the claimant.
- How many days they spent in hospital.
- The total number of days taken to recover (at home, not in hospital).
- The claimant’s income.
- And the actual injury that was sustained in the accident.
Once all of the points have been assessed, the total is multiplied by an amount in Euros, to reach the final compensation figure.
Accident On Holiday Personal Injury Claims Calculator
When deciding whether to make a claim or not, you might want to try and calculate how much compensation you might receive. When claiming under UK law, against a package holiday provider for instance, there are some pre-determined compensation amounts available.
The table below shows some compensation amounts offered for different types of injury under UK law:
| 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. |
These figures are just one part of a claim. The following section will explain other parts of a claim that may be included.
Categories And Types Of Damages You Could Claim For
Menorca Holiday accident compensation claims could be built up from a number of different elements if claiming under UK law. These, legally, are known as Heads of Loss. The losses a personal injury solicitor might include in your claim include:
General Damages
This compensation is awarded to cover the pain and suffering caused by your injuries.
Medical Costs
It’s possible, following an accident in Menorca, that you’ll end up out of pocket because of medical expenses. It is sometimes possible to claim these back and could be included in the claim. This could include prescription costs or over the counter medicines when you return to the UK.
Travel Costs
If your travel plans have to be adjusted because of your accident, you might be able to claim any expenses back. Also, when you’re back home, you might have to travel to and from medical appointments. It’s sometimes possible to include these costs in your claim as well.
Damage to Personal Property
When an accident occurs personal property could sometimes become damaged. This might include ripped clothes, a smashed mobile phone screen or damaged jewellery. The cost of repairing or replacing these items might be included in your final claim.
Lost Income
When you return to the UK, if you require time off from work because of your injuries, it may be possible to claim back any lost income.
With any financial losses, as described above, you should try and provide your accident lawyer with receipts that prove the expense and explain why they were necessary.
No Win No Fee Claims For Holiday Accidents In Menorca
You’ve probably heard of no win no fee claims before, and we’ve mentioned them in this guide – but how do they work?
When you employ a solicitor for a personal injury claim, there are 2 choices:
- Use a no win no fee solicitor: This means you’ll sign an agreement which says that, if the solicitor fails to win you any compensation, you don’t have to pay them for their time or service provided. If they do win compensation, the agreement states that they will retain a portion of your compensation. This is known as a success fee and, legally, it’s limited to 25% of your compensation. Once they’ve taken their fee from your compensation, the rest is sent directly to you.
- Pay a solicitor for their time: This means you’ll either agree to pay an hourly rate or an agreed fee for the solicitor’s service. If they fail to win compensation, you won’t receive any of your money back (as you’ll usually pay up front for this type of solicitor). If the solicitor wins your case, you’ll keep 100% of any compensation awarded as you’ll already have paid for the solicitor’s fees.
How An Overseas Accident Claim Solicitor Can Help You
The team of solicitors and specialist advisors at Legal Expert have years of experience making holiday accident claims. They are committed to helping every client we take on. They have the knowledge and expertise to know straight away if a case is likely to succeed. They will be honest if they do not think you have a valid case and they won’t waste your time. All our advisors are available to speak with you if you have any questions and we offer a free consultation with no obligation.
Contact Our Team Of Specialist Solicitors
Now you’ve completed this guide, we hope you’re happy to begin your claim with Legal Expert today. We offer no win no fee services for all claims we take on. To contact our team you can:
- Call us free today on 0800 073 8804 and you’ll get straight through to a specialist advisor.
- Use the live chat feature, 7 days a week, from any page on this website.
- Send us an email to info@legalexpert.co.uk. We’ll contact you at a convenient time.
- Send details of your claim using this online form.
Our team of personal injury specialists will offer you a free consultation when you contact us. There’s no obligation to proceed and you can ask as many questions as you need.
Then, we’ll assess the details of your accident and your injuries. If we believe somebody else was to blame, and you have a good chance of winning compensation, we’ll offer a no win no fee agreement.
Once you’re happy, we’ll start the ball rolling with your claim.
Related Articles And Where To Get Help
Thanks for taking the time to read this article about Menorca holiday accident claims time limits. For further guidance, we’ve linked to some more useful articles below:
Holiday Accident Claims in Menorca – a detailed look at types of claims and compensation amounts that can be offered.
Menorca Car Accident Claims – This guide provides specific information about what to do in the event of a road traffic accident.
Package Holiday Claims – Our guide about the legislation that supports British tourists who’ve booked a package holiday.
If there is anything else you need to know, please feel free to contact an advisor today.
Edited By Melissa.