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Costa Brava Holiday Accident Claims Guide – How To Claim Compensation For Personal Injury In Costa Brava? – How Much Can I Claim?

Costa Brava, in the Catalonian region of Spain, has been a popular tourist destination for many years and especially for British tourists. It has the Spanish climate, but it isn’t as British as other resorts like the Costa Del Sol meaning it’s a more authentic Spanish holiday that some British tourists prefer.

Holiday accident claims Costa Brava

Holiday accident claims Costa Brava

Most tourists enjoy a trouble free holiday, are able to relax and go home feeling refreshed following their holiday in the Costa Brava region but if you’ve had an accident or become ill while holidaying and want to make a personal injury claim then give Legal Expert a call today on 0800 073 8804 and we’ll start our no win, no fee compensation process.

If you’d like to know more then keep reading and this guide will cover what types of accidents occur in Costa Brava (we have a more generic Spanish holiday claims article too), how to get treatment, what type of claims can be made and the time limits that you have to make the claim.

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A Guide To Holiday Accident Claims In The Costa Brava

Costa Brava is the north-eastern region of Spain and is known as the rugged coast. There are lots of small villages dotted around the region, close to Barcelona, with some excellent beaches and resorts that are a little less British than some other resorts in Spain. Over 18 million Brits visit Spain each year and, for most, they have an enjoyable time. This guide covers what to do if you’re one of the unlucky visitors who ends up with a Costa Brava holiday illness or need to raise holiday accident claims in the Costa Brava because somebody else has caused you to become injured.

At the end of the guide we’ve included some useful links and contacts but this guide will walk you through the common types of accidents (such as food poisoning, hotel accidents, road traffic accidents in Costa Brava, balcony fall accidents, slips and falls as well as hotel accidents and illnesses), what to do in the event of an accident and how long you have to make your claim (as there are strict guidelines).

Things You Need To Do After An Accident On Holiday

When you’ve been involved in an accident which you consider to be somebody else’s fault then there are a number of things you can do, after ensuring everyone is safe and received treatment where necessary, that will help when making a Spain holiday compensation claim. We have a comprehensive guide to making claims for accidents while on holiday but in general, if you’re involved in an accident in the Costa Brava region, you should:

  • Begin by taking a photo of the scene of the accident including the cause of the accident where possible. So, for instance, if you were injured because somebody left items lying around in shop that caused you to trip then try to capture the disarray of items scattered around. Photographs can be used as evidence to back up your claim.
  • Ask any witnesses to your accident for their details and, if they’ve got time, ask them to write a witness statement detailing what they saw. Any witness statement will help but an independent witness (i.e. somebody who’s not part of your travelling group) will make your claim more credible.
  • If you’ve booked your holiday via a package holiday then report the accident to your tour rep or use their emergency contact number which should be in the pack of information provide to you when you arrived in Costa Brava (more on package holiday claims can be found here).
  • If you’re in a public place like a shop, restaurant, hotel or shopping centre then report your accident to a member of staff and ask that they log it in their accident reporting log. If possible, ask for a copy of what they’ve logged but at the very least make a note of the member of staff’s name and the time and date that you reported the accident.
  • Also, make a note of the place, building, street or location that the accident happened. You may, by time you return to the UK to start your claim, forget exactly where the incident took place and therefore making a claim would become more difficult.

The more evidence you can gather the easier the claim will be to process. Legal Expert will gather medical records or police records if the injury was reported and this will further substantiate your claim and prove the type of damage caused by the accident.

In extreme circumstances where you’ve been seriously attacked, or somebody has died in the accident then you, or the local police, should contact the British Embassy in Barcelona. They are available 24-hours a day to help British citizens who are in dire straits and we’ve included their contact details at the end of this guide.

Important Emergency Service Numbers In Costa Brava

As in most of Europe the emergency services in Spain can be contacted by dialling 112 and they will put you through to the relevant services.

Other ways of contacting individual emergency services when you’re involved in an accident in Spain are by dialling:

  • 061: Ambulance
  • 080: Fire brigade
  • 092: Local police
  • 062: Civil Guard (military force for more rural areas)
  • 902 102 112: An English speaking tourist helpline and emergency number (run by SATE).

SATE deals with the security of tourists and you can report crimes on the number above and then ratify it at a police station within 48 hours.

Healthcare For Visitors In Costa Brava

As Spain is part of Europe you can request a European Health Insurance Card (EHIC) which, if you require treatment that can’t wait until you return to the UK, will provide reduced or sometimes free treatment where it is needed.

To obtain urgent support from the Emergency services dial 112 as mentioned above and report your injuries. You should also contact your tour operator, if it’s a package holiday, and let them know you need treatment.

Although the EHIC card covers the costs of your treatment you should still take out travel insurance as EHIC doesn’t cover things like care costs, repatriation to the UK and any other costs associated with your injuries other than the actual emergency treatment. You’ll also be covered by travel insurance for loss of possessions and possibly be able to use private hospitals rather than the free Spanish state hospitals – in which case you should contact your insurer if you’re going to try and use a private hospital to make sure they’ll cover the cost.

Time Limits To Make A Personal Injury Claim In Costa Brava

As with most of Europe, and the rest of the world, holiday accident claims in the Costa Brava is time-limited and you must ensure to lodge your claim within these time limits or else it will be rejected straight away.

This table shows what type of personal injury claim you can make and what the timescale for doing so is:

Personal Injury Claim TypeTime Limit To Commence Your Claim
An injury sustained on any part of a UK-booked package holiday including flights, excursions and in a hotel3 years
A non package holiday claim for an injury (excluding flights)1 year (may vary)
An injury sustained on a flight that was booked personally2 years (may vary )

All time limits may vary.

If you’re unsure which case your injury falls under then please contact us to discuss the specific events in your Costa Brava balcony accident, car crash or other injury.

Costa Brava Package Holiday Travel Accident Claims

A lot of holidays to the Costa Brava are booked as part of a package holiday which means they get further protection, in the event of an accident, because of special regulations for package holidays. A package holiday is defined by the regulations as a holiday which includes more than one element of your holiday booked through the same operator i.e. if you buy the flight and hotel from the same company then it’s a package holiday.

The main thing to do when involved in an accident in Costa Brava is to report it to your tour operator or package holiday provider. Some of the main operators are listed below and by letting them know it creates further evidence of your accident should you wish to claim when you return to the UK. Some of the UK package holiday providers to the Costa Brava region are:

  • Virgin Holidays
  • TUI
  • Jet2Holidays
  • Monarch
  • On The Beach
  • Thomas Cook
  • Lastminute
  • Travel Republic
  • Expedia
  • Kayak

We can help with claims booked through any of these or other package holiday providers.

Costa Brava Tourist Accident Claims We Can Help With

Over the next few sections we can help with the different types of accidents in the Costa Brava and explain what can cause the accident and what you should do if you’re involved in one. The types of accident are: Road traffic accidents in the Costa Brava, balcony falls, Hotel injuries and illnesses; Slips trips and falls; and Food poisoning.

Hotel Injury And Accident Claims

There are a number of accidents that can occur in hotels and, if they were because the hotel staff or management failed in their duty of care to all guests, you can claim for compensation against the hotel. The types of accidents are:

  • Slips, trips and falls: These types of accidents are fairly common (and we cover them in more detail in a few sections time) but if they happen in a hotel and it was because the hotel did something wrong (not putting out warning signs for instance) then we could help you to claim for compensation for your pain, suffering and any damage to your property.
  • Food poisoning: Again, we have a more detailed section on food poisoning coming up but all hotels from budget to 5-star have to ensure that food is prepared, stored, cooked or reheated within the minimum hygiene standards and if they don’t then you could claim compensation against the hotel for their negligence.
  • Hotel pool related illnesses: If a pool isn’t maintained properly then you can end up with a stomach bug or worse with very similar symptoms to food poisoning. If you attend a doctor’s surgery or hospital and they diagnose this type of illness, then you could seek compensation for your illness. It’d also be worth obtaining details from others who became ill at the same time as further evidence that it was the hotel pool that caused you to become ill.

Costa Brava Holiday Illness Compensation Claims

Food poisoning is an illness caused when food is under-cooked, stored incorrectly, reheated to the wrong temperature or if the kitchen or preparation area is not hygienically clean. Food poisoning can lead to a simple stomach bug that, with treatment, resolves after a couple of days or can lead to much worse, sometimes life-threatening, illnesses which can delay your return to the UK, ruin your holiday and can lead to taking time off from work when you return to the UK.

We’ve already mentioned that food poisoning in the Costa Brava can occur in hotels, but restaurants, cafés, bars, diners and even fast food restaurants all have the same duty to ensure cleanliness standards are met, food is prepared and cooked properly, and the food is not left out when not being prepared in case of infection from bugs.

If you’ve become ill and a doctor has diagnosed it as food poisoning then it is possible that we can make a claim on your behalf for compensation to cover the pain and suffering, additional travel costs and any loss of earnings through time off of work.

If you suspect a particular venue was to blame, then it may be possible to ask others who attended if they became ill too and use them as witness statements and you could also photograph the venue if you believe it is dirty or unhygienic.

Slips, Falls, And Other Trip Injuries

Falls are one of the most common types accidents in Costa Brava and sometimes they are just simple mistakes of our own making if we’re messing around or not paying attention but, if the accident is somebody else’s fault, then you can claim compensation for your injuries.

Slips and falls can lead to some of the most painful injuries such as broken bones, soft tissue damage, back injuries, head injuries and muscle tears and can lead to months of treatment to fully recover.

If the fall is somebody else’s fault, then you should try to photograph why you believe it is their fault and then record where the accident happened, so we can try and identify who to make the claim against i.e. shop, building, hotel or local authority responsible for the area where you tripped up.

Reasons that could make somebody else liable for your accident can include: uneven or damaged paths, stairs, elevators or carpets; slippery or wet floors where no warning signs have been used; poorly lit areas where an item you’ve tripped on isn’t easy to see and cluttered public areas that should be clear to make walking past easy.

Balcony Fall Accidents In Costa Brava

One of the worst accidents to occur in the Costa Brava and any holiday resort is when a tourist falls from the balcony of their hotel room. It can be, and often is, fatal because of the size of the hotel complexes and if not fatal, they can lead to very serious injuries that may be life-changing. An Irish man in his 40s fell to his death from a second floor balcony when visiting Costa Brava not long after arriving back in 2012.

All hotels have a duty of care to guest to protect them from falling from balconies by ensuring that they are in a good state of repair, that barriers are a suitable height and that barriers are secured to the balcony correctly. If you’ve been involved in fall or a member of your travelling party was fatally injured (or too injured to make their own claim) then we can help to file compensation claim for a balcony fall in the Costa Brava for you. Any evidence you can gather in this situation would be useful, but not essential, such as a photograph or video of any defects on the balcony.

Costa Brava Road Traffic Accidents And Car Crash Claims

In general road safety in the Costa Brava area and Barcelona is actually quite good but as in the UK, where roads are also safe, road traffic accidents can still occur and if they do there are some things you should do ensure that you can claim compensation when you return to the UK:

  • Get the other driver’s details including name, number, insurance details and number plate of their vehicle.
  • Photograph the scene of the accident trying to capture as much of the scene as possible but certainly all of the vehicles involved and their number plates if possible.
  • Obtain witness statements and contact details of anybody else who saw the collision occur.
  • If your car has a dashcam then ask the hire company to provide you with a copy of the recording leading up to your car crash in the Costa Brava.

The police should be contacted in the case of dangerous driving, drink-driving or serious injury and, in turn, the British Embassy may need to be contacted.

Finally, it is worth noting that in Spain, as in the UK, there are services provided by the insurance industry to deal with uninsured drivers which means that if the other driver has no insurance or even if the other driver can’t be identified then we may still be able to make a claim for your road traffic accident in the Costa Brava so get in touch and we’ll begin your claim with a free consultation.

Can I Use A Solicitor In The UK?

A lot of our clients raise the question of location with us, which we understand but there is absolutely no legal requirement for a solicitor to be based in Spain to raise a personal injury claim in the Costa Brava, in fact, we believe that having a UK based solicitor makes things easier for our clients. We have the expertise in house to deal with Spanish compensation claims and you get the easy option of dealing with an English-speaking solicitor and you don’t need to understand all of the complexities involved in making an international claim after you’ve returned from your holiday.

If you’ve got any questions about Costa Brava holiday sickness compensation or other personal injury, then please speak with us and we’ll answer any queries you raise.

No Win No Fee Costa Brava Travel Accident Claims

Dealing with a foreign holiday compensation claim can be a complex process and holiday accident claims in the Costa Brava are no different which can lead to costly legal fees when using a solicitor that charges by the hour regardless of the outcome of your case (which some solicitors still do).

At Legal Expert we work with clients using a Conditional Fee Agreement or CFA (which is the type of contract that replaced no win no fee agreements in 2014).

A CFA allows us to tell you up front what percentage of any compensation we’ll charge for our service and, if we don’t win you don’t pay anything at all. It truly is no win, no fee and is completely risk free.

We offer an initial consultation for free where we listen to your side of the case, review any evidence and consider the chances of successfully gaining compensation for your injuries then we’ll let you know our fee percentage and start the ball rolling. We only work on cases using our no win, no fee service meaning, if we take your case on, you won’t be hit by a surprise legal invoice at the end of the case.

Popular Holiday Resorts in Costa Brava

Here is a list of some of the most popular holiday resorts in Costa Brava

  • Blanes
  • Calella
  • Lloret De Mar
  • Malgrat De Mar
  • Pineda De Mar
  • Platja D Aro
  • Santa Susanna
  • Tossa De Mar

Popular Attractions in Costa Brava

Here are some of the most popular tourist attractions in the Costa Brava region:

  • Fundacio Mona, Primate Sanctury
  • Camino de Ronda
  • Old Town (Vila Vella) in Tossa de Mar
  • Cap de Creus national park
  • Castillo de Tossa de Mar
  • Ruins of Empuries
  • Village Medieval de Pals
  • Sant Pere de Rodes Monastary

Legal Expert are a solicitors who deal with holiday complaints at any of these destinations in Costa Brava as well as any other resorts, cities or hotels.

Start Your Claim

Hopefully this guide to holiday accident claims in the Costa Brava has given you all of the information you will need to decide if you want to make a personal injury claim using our no win no fee service. If that’s the case, why not get in touch today? You can contact us by:

  • Telephone: It’s free to call on 0800 073 8804
  • Live chat: available on every page of our website, 7 days a week.
  • Online form: Use our online claim form, it takes no more than 1 minute to begin your claim
  • Email: Contact us via email on info@legalexpert.co.uk

Please feel free to contact us further if there are any outstanding questions regarding your Costa Brava accident claim.

Useful links

British Consulate General Barcelona
Avda Diagonal 577-13
08036 Barcelona
Spain
Tel: (+34) 93 366 2600

www.gov.uk/world/organisations/british-consulate-general-barcelona/office/british-consulate-general-barcelona

NHS guide to healthcare in Spain

Healthcare advice from the NHS for visitors heading to the Costa Brava and Spain as a whole.

Government travel advice for Spain

Advice from the UK government for those travelling to and in Spain.

Edited by Melissa.

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