What Is The Limitation Period For A Personal Injury Claim In Portugal?  Claim Specialists

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Portugal Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Portugal? – How Long Do I Have To Claim Compensation?

If you have been injured while on holiday in Portugal, you might be thinking about making a claim for compensation. Here at Legal Expert, we have helped many people over the years to make claims, including those who have been injured while on holiday. One thing that we have realised is that a lot of people do not realise that there is a time limit on personal injury cases. The last thing we want is for you to miss out on the compensation that you would have been entitled to because you have left it too late.

In this guide, we are going to take a look at the Portugal holiday accident claim time limit in particular. If you have been injured while on holiday while in Portugal, whether this was in a road traffic accident, hotel accident, or something different, all you need to do is give us a call and we could handle everything for you. You can reach us on 0800 073 8804. However, before you do this, please make sure you continue reading to find out everything you need to know regarding these sorts of claims, especially the Portugal holiday accident claim time limit.

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A Guide Time Limits To Claim If Injured On Holiday In Portugal

Personal injury time limits Portugal

Personal injury time limits Portugal

As Portugal is only a short plane journey from the UK, it is not surprising that it is such a common holiday choice. It is cheap to get to, and it offers beautiful beaches, nice weather, and lots of great attractions. Because of this, the tourism sector serves millions of people, both domestic and international tourists. The most recent statistics available are for 2017, whereby there were 23 million visitors. The most popular destinations for tourists are the Algarve, the Portuguese Riviera, Fatima, Porto, and Lisbon.

When you consider the fact that seven million people visited Portugal in 2006, you see how it is becoming more and more popular. Statistics available for 2016 give some insight into the most popular regions. During this period, 1.5 million stayed in Madeira, 3.2 million stayed in Central Portugal, 4.2 million stayed in the Algarve, 4.4 million stayed in Northern Portugal and Porto, and 6.3 million visited Lisbon. All of the areas mentioned had an increase in visitors when contrasted with the year before, showing that the country is getting more popular on the whole rather than a specific area being a standout. Unsurprisingly, the vast majority of visitors are from Europe.

While Portugal has so much to offer and is clearly very popular, there is no denying that your holiday could quickly turn sour if you suffer an injury or an illness. In this guide, we will provide you with helpful information regarding this, as well as the Portugal holiday accident claim time limit that is in place. The Portugal holiday accident claim time limit could differ depending on the circumstances of what happened and the manner in which you booked your holiday. This is something we will explain in more depth. We will also provide you with details on the steps you should take if you have been injured on holiday in Portugal, as well as offering insight into the service that we provide and the level of compensation that you may be awarded. If you still have any queries by the time you finish reading this guide, please do not hesitate to give us a call.

Portugal Compensation Claim Time Bars And Time Limits For Claims

As mentioned, there is a Portugal holiday accident claim time limit in place when making any sort of compensation claim. The Portugal holiday accident claim time limit could differ based on the circumstances of your case. Please refer to the Portugal holiday accident claim time limit table below for more information on this.

CircumstancesTime limit
Accidents that have happened on a package holiday3 years may very
Accidents on a privately booked holiday1 year may very
Accidents on a flight or at an airport2 years may very

If you are unsure regarding what your Portugal holiday accident claim time limit could be, simply give us a call and we will explain your deadline to you. Of course, a good thing to do is simply claim as soon as possible and then the Portugal holiday accident claim time limit will not matter.

What Is A Portugal Holiday Or Package Holiday Accident?

There are so many different accidents and injuries that could happen in Portugal and result in you making an accident claim. Perhaps you have suffered whiplash because of a coach crash? Maybe you have slipped on an unmarked wet floor in your hotel? Maybe you have fallen sick because the swimming pool has not been cleaned properly? Or, perhaps you have come down with food poisoning because of something you have eaten while on holiday? No matter what applies, if the accident was not your fault, you could be able to make a claim.

This is the main factor when it comes to claiming: establishing responsibility. You need to show that someone else has acted in a negligent way or that they have made an error, and that this has resulted in your suffering. If you were to blame, you cannot make a claim. After all, you cannot make a claim against yourself because you have been clumsy, can you? But what if you were partially to blame for the incident? If this has happened, you may still be able to make a claim. However, it is vital to note that the amount you receive could be lower to reflect your involvement. A good thing to do when this applies is to give us a call for more information and we will advise.

Ways You Can Claims For An Accident On Holiday In Portugal

There are different ways you could be eligible to claim compensation. These may be under the package travel regulations or under the Portugal Criminal Injuries Compensation Scheme. Let’s deal with the former first. As mentioned, you could make a claim against the tour operator you booked your holiday through if it was a package holiday. For this to be applicable, your holiday must have included at least two of the following: overnight accommodation, transport, and/or excursions. If it has, and you have been injured while on one of these, you could claim against the package provider under UK law. The Portugal holiday accident claim time limit is three years for these cases. There are other laws in place that you may claim under too. This includes the Package Travel and Linked Travel Arrangements Regulations, which came into place in 2018. As well as covering package holidays, these cover linked travel arrangements too.

Holiday Tour Operators Duty Of Care

It is important to recognise that all package and holiday tour companies owe their customers a duty of care. This means that they have to take all of the steps to ensure your health and safety. What a lot of people do not realise is that if you have been injured on a package holiday you could actually claim against the package provider, rather than having to make a claim against the local hotel or excursion provider. This means that you could be claiming under UK law rather than Portuguese law.

How Is Compensation Calculated Under Portuguese Law?

It is important to understand how damages are estimated in Portuguese law if you claim within the Portugal holiday accident claim time limit. This could be relevant to you if you need to bring your claim through the Portuguese court’s system. This could be the case if you have been injured during a privately booked holiday. The Portuguese court could award compensation, taking into account the injuries that you have sustained and the circumstances surrounding the accident. The Court will also often look at previous cases to see what awards were given, although they are not bound by these.

Portugal Holiday Compensation Calculator

Of course, you may want to know how much compensation you are going to get if you make a claim within the Portugal holiday accident claim time limit. Unfortunately, though, giving you a fully accurate figure of the amount you will get is simply not possible. This is because all cases are assessed on an individual basis. This means that your case would be evaluated and then a fair amount could be granted based on everything pertaining to the accident. This does not mean you cannot get an understanding regarding your potential payout, though. In the table below, we have put together the typical payout amounts for injuries that could often happen when you want to claim compensation in Portugal. If you cannot find the injury that you have sustained, please do not panic. All you need to do is give us a call and we would be more than happy to shed further light on this. The table could be used as an alternative to a personal injury claims calculator. We know that these have become more popular. However, we have chosen to research and give you the Judicial College Guidelines on common injuries in the case instead.

InjuryNotes/severityAverage payout amount
DeathMental anguish - Fear of impending death£4,100
DeathDeath occuring within a week, with immediate unconsciousness £1,200 - £2,450
DeathDeath occuring within six weeks, with immediate unconsciousness £3,300 - £3,850
DeathDeath within two weeks, with initial excruciating pain followed by unconsciousness after three hours£9,210 - £9,350
DeathDeath within a couple of weeks to three months. Full awareness.£11,000 - £20,880
Minor head or brain injuryPayout dictated by the following: whether the person experiences headaches, symptoms, recovery phase, and how severe the original injury was.£1,840 - £11,200
Severe psychological damage£48,080 - £101,470
Moderate PSTDIn such circumstances, the person will have recovered for the most part. Any continual effects are not going to be grossly disabling.£3,460 - £7,170
Moderate neck injuriesInjuries such as dislocations are fractures. Immediate symptoms will be severe.£21,910 - £33,750
Minor back injuriesThis payout bracket incorporates soft tissue injuries, as well as less serious strains, disc prolapses, and sprains. Up to £10,970
Moderate hip or pelvis injuryThis payout is for significant injuries to the hip or pelvis. However, the future risk is not great and permanent disability is not a major factor.£23,310 - £34,340
Loss of both arms£211,150 - £263,060
Less severe wrist injuriesInjuries whereby there could be some permanent disability, for example, this would be a degree of stiffness and persisting pain.£11,040 - £21,480
Moderate leg injuriesThis bracket includes the likes of severe crushing injuries or multiple or complicated fractures.£24,340 - £34,370
Severe facial scarringThe psychological reaction is severe and the cosmetic impact is very disfiguring.£15,750 - £42,460
Minor injuriesInjuries where a complete recovery occurs within a few months.£1,200 - £2,150
Minor injuriesInjuries where a complete recovery occurs within 28 days.£600 - £1,200
Minor injuriesInjuries where a complete recovery occurs within a week.Up to £600

Categories Of Damages Your Overseas Accident Claim Can Include

One thing a lot of people do not recognise is that there are two types of compensation when it comes to making a personal injury claim. So long as you claim within the Portugal holiday accident claim time limit, you would likely be able to claim for both special damages and general damages. So, let’s take a look at these in further detail…

General damages are to compensate you for the pain and suffering you have experienced that cannot be quantified. This relates to both your physical and mental suffering. You will be awarded an amount at the court’s discretion, taking into account the severity of your original injury, the treatment you have needed, and the impact that the accident and injury are going to have on the result of your life.

Special damages relate to those expenses that can be quanitified. This is something that putting a monetary value on is very straightforward. It could, for example, be a claim to cover the cost of your medical treatment. Or, perhaps you have been unable to work while you recover from your injuries and so you have lost out on earnings you otherwise would have received? You could be able to make a claim for this too. Essentially, you need to ask yourself whether you would have experienced the cost in question if you had not been in an accident. If the answer to the question is no, you may be able to include these damages in your personal injury claim.

No Win No Fee Holiday Accident Injury Claims

When it comes to choosing a personal injury solicitor, one thing that you may well be concerned with is how much you are going to need to pay for the service. Not only do solicitors charge different fees but they work to different payment structures as well. Here at Legal Expert, all of our solicitors work on a no win no fee basis. This means that you do not have to pay anything if your case is not one that results in a payout. Instead, you only pay for a succesful service.

This should give you great peace of mind. After all, a lot of people worry that they could find themselves in the dreaded position whereby they have spent money on a lawyer yet they have nothing to show for it bcause their case has not resulted in compensation. No one wants to be out of pocket through making a claim, and with Legal Expert, you can be certain that would never happen.

When you choose a holiday accident claim solicitor working on a no win no fee basis, the benefits are not only financial. You are much likely to benefit from a higher quality service too. This is because the lawyer’s pay is going to be influenced by the level of service they provide, therefore, making them accountable and ensuring they put in the required amount of effort. Furthermore, you can also be sure that your solicitor is not going to lead you down the garden path. If they believe that your case does not have a very good chance of success, or that you have missed the Portugal holiday accident claim time limit, they will be upfront with you and they won’t waste your time or their own.

How An Accident Abroad Solicitor Could Help You

If you want to make a claim for an accident that has happened in Portugal, you do not need to choose a personal injury lawyer who is based there. Instead, you could work with a holiday injury lawyer based in the UK, which is exactly what you will get with Legal Expert. We have many years of experience in the industry and we can ensure you have a great chance of getting the maximum amount of compensation.

When you contact us, we will match you to a specialist solicitor from our team with relevant experience. All of the solicitors working for us have years in their locker and a great track record when it comes to securing compensation for personal injury victims. Plus, as explained in the previous section, they are all accountable for the service that they provide because of our no win no fee approach.

One thing that sets us apart from the competition is that we genuinely care about our clients. We know that you have had an extremely difficult time and that you have your injuries to focus on. The last thing we want to do is cause more stress and upheaval. We want you to focus on your recovery while we will concentrate on securing the maximum possible amount of compensation. If you have any questions, all you need to do is give us a call and, of course, we will keep you informed every step of the way as well.

How You Can Contact Us

Are you ready to make a personal injury claim? Perhaps you have a query about the Portugal holiday accident claim time limit? No matter what applies, you can call us today and we will go through everything with you, giving you complete peace of mind. You can be certain that all calls will be completely confidential. The number you need is 0800 073 8804. This line is open 24/7, and you will speak to one of our friendly and experienced team members. You can also fill in the contact form on our website and we will call you back at the earliest opportunity. Or, if you would prefer, we also have a live chat box on our site. You should be able to see this in the bottom right-hand corner. Simply type your message in the box and we will respond to you straight away. It is as easy as that.

Related Articles And Recommended Contacts

FCO Advice for travellers to Portugal – Here you will find relevant advice for travel to the area.

Embassy – Lisbon – The British Embassy in Lisbon may prove useful to you.

Accidents in hotels in Portugal – More guidance on this type of accident.

Portugal Car Accident Claims Guide – For accidents on the road.

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