Tenerife Injury Claim Time Limit Guide – Limitation Period For A Personal Injury Claim In Tenerife? – How Long Do I Have To Claim Compensation?
Tenerife has been a popular destination with British tourists for many decades. It is the largest of Spain’s Canary Islands and attracts over 5 million tourists every year. Most enjoy their stay on the Island and look forward to returning in the future. If however you are injured on holiday there, it’s important to note that there are time limits for personal injury claims in Tenerife.
Personal injury time limits Tenerife
Legal Expert specialise in personal injury claims and offer no win no fee agreements for all claims we take on. We can help British tourists who’ve been injured anywhere in Spain, if the accident was caused by somebody else.
This guide will provide more information about the time limits but if you already know that you’d like to begin a claim, then call Legal Expert today on 0800 073 8804 and we’ll assess your claim right away.
If you want more information before starting a claim, read on and we’ll let you know everything you need to do.
Select A Section
- A Guide To Personal Injury Claim Time Limits In Tenerife
- Time Limits For Personal Injury Claims In Tenerife
- What Is A Tenerife Holiday Accident?
- How Are Tenerife Personal Injury Claims Handled?
- Spanish Law And Liability In Tenerife
- How Are Damages Estimated In Spanish Law?
- How Do Claims Differ If Made Under British Or Spanish Law?
- Personal Injury Calculator For Claims For Accidents On Holiday In Tenerife
- I Was Injured On Holiday In Tenerife, What Could I Be Compensated For?
- No Win No Fee Tenerife Holiday Accident Claims
- How Our Holiday Accident Claims Team Can Help You
- Contact Our Spanish Holiday Accident Experts
- Resources Tenerife Holiday Accident Victims
A Guide To Personal Injury Claim Time Limits In Tenerife
Tenerife, the most popular of the Canary Islands, has many popular resorts for British tourists including Los Cristianos and Play de las Americas. Because of the number of Brits that visit Tenerife, there are many English and Irish pubs, cafes and restaurants on offer. There are also plenty of local amenities available too.
If you’re involved in an accident in Tenerife, or elsewhere in the Canary Islands, it’s important to note local laws on personal injury claims.
This guide will cover the differences between Spanish and British claims, the time limits for personal injury claims in Tenerife, the amount of compensation that could be awarded for your injuries and how Legal Expert can help with no win no fee agreements.
We’ll also provide information about what you can claim for and who you can claim against.
In some cases, if you booked a package holiday in the UK, you could claim compensation against your tour operator. This could be the case if the accident occurred at a place or event booked through your holiday company. For instance, a hotel accident in the hotel booked through your package holiday provider.
After reading the guide, if you have any further questions, please contact our specialist advisors for free legal advice about what you should do next.
Time Limits For Personal Injury Claims In Tenerife
As we’ve discussed throughout this guide, the statute of limitations in Tenerife mean that all personal injury claims are time-limited. If you fail to lodge a complaint in time, it will be rejected. The current time limits for personal injury claims in Tenerife are:
| Type of Claim | Applicable Time Limit |
|---|---|
| Accident on holiday in Tenerife booked in UK by a package holiday provider | 3 years may very. |
| Privately booked holiday accident | 1 year may very. |
| Injury on a flight (booked privately) at:
Tenerife South Airport; |
2 years may very. |
We recommend that you contact us as soon as you return to the UK to allow us enough time to collate your claim. This means we’ll have time to gather any supporting evidence required to support your claim.
What Is A Tenerife Holiday Accident?
The rules for personal injury claims in Tenerife are very similar to the UK. By this we mean, you can only make a claim if somebody else caused your accident to occur.
A personal injury lawyer needs to prove:
- That the defendant in the case owed you a duty of care;
- That they breached the duty (through negligence of some sort); and
- Because of the breach, you had an accident and suffered an injury.
The claim could be made if the accident was caused by the business owner as well as their staff.
Common Injuries and Illnesses
There are some more common injuries that could be caused by an accident on holiday in Tenerife. These include:
- Food poisoning illnesses such as salmonella, e-coli and norovirus.
- Waterborne illnesses such as Legionnaires disease;
- Soft tissue damage and bruising
- Head injuries
- Back injuries
- Broken bones
- Burns
- Scalds
- Electric shock
Common Accidents
Some of the more common accidents that can happen in Tenerife include:
- Slips, Trips and Falls: These could happen just about anywhere from when you arrive at the airport to the minute you return home.
- Food Poisoning: This may occur in restaurants, hotels, fast food outlets, pubs or even when food is provided on excursions.
- Hotel Accidents: There are a number of different accidents that could occur in a hotel.
- Allergic Reactions: When food isn’t labelled properly, or allergens aren’t mentioned on a menu, you may be able to claim compensation if you suffer an allergic reaction.
- Road Traffic Accidents: If you choose to drive in Tenerife and are involved in a road traffic accident, you could seek compensation if another driver was to blame.
- Balcony Accidents: A fall from a balcony can be fatal or lead to life-changing injuries. If the fall is due to a damaged railing or railings that are too low, it may be possible to seek compensation against the hotel.
- Accidents on Sporting Activities / Excursions: When you pay for an excursion or sporting activity, the provider has a duty of care to ensure your safety. If they fail to do so, in any way, you should consider seeking compensation.
The list above provided some of the more common injuries and accidents that could happen in Tenerife. If your accident isn’t listed, don’t worry we can still help. It goes without saying that all personal injury claims, for accidents listed here, must be made within the statute of limitations in Tenerife (the time limit).
How Are Tenerife Personal Injury Claims Handled?
Under Spanish law, injuries caused by negligence, mistakes or omissions should be compensated by the defendant that caused them. As this guide alludes to, there are time limits for personal injury claims in Tenerife which must be adhered to for a claim to be valid.
Compensation amounts are awarded based on criteria set out in legislation (locally known as RDL 8/2004). There are criteria for deaths, permanent injury and temporary injuries. There is an amended version of this legislation for road traffic accidents.
The criteria provide a points-based system which compensation is calculated from. Once the number of points has been calculated, the total is multiplied by a set number of Euros. This will then become the compensation amount that is awarded (with some variation allowed for other criteria).
Making a claim for an accident in Tenerife requires a good understanding on local rules. It’s therefore advisable to contact a personal injury specialist, like Legal Expert, to ensure you receive the correct level of compensation.
Spanish Law And Liability In Tenerife
As mentioned in the previous section, the relevant legislation supporting personal injury claims is:
- Act 8/2004 on Civil Liability and Insurance of Motor Vehicles
- Act 35/2015 which is an amendment of the above but 8/2004 also remains in place.
Although the articles are based on road traffic accidents, judges and insurers base compensation amounts on the amounts in these guides for other injury claims.
How Are Damages Estimated In Spanish Law?
Under the new act (35/2015), which came in to effect on 1st January 2016, the new scale, called Baremo, has 3 claim types: Death, permanent physical injures and temporary physical injuries.
Under each of these claims, the victim can claim for:
- Personal Compensation: This covers loss of quality of life, moral damages and loss of domestic autonomy.
- Financial Loss: This is compensation covers any costs that the claimant has incurred because of the accident.
The new act promotes the settling of claims out of court and states that medical records should be shared, compensation offers made on the medical criteria and for interest to be paid on compensation if the offer is delayed.
How Do Claims Differ If Made Under British Or Spanish Law?
The main difference between Spanish and British personal injury claims is that the physical injury is calculated on a points-based system in Spain. Amongst other things, the points system takes into account:
- Type of injury
- Victims age
- Number of days in hospital
- Recovery days (not in hospital)
- The victim’s income
With financial losses, the claim process is very similar in that receipts and other evidence is required to show the loss and to ascertain that the cost was associated with the accident.
As with British claims, you are required to be able to prove liability for the accident. You should do this by providing your solicitor with as much evidence as possible such as photographs and medical records that support your claim.
Personal Injury Calculator For Claims For Accidents On Holiday In Tenerife
To help you calculate the amount of compensation you may receive following an accident in Tenerife, we’ve provided the table below. You’ll see in the next section that there are many parts of a claim that a personal injury solicitor can use. This table is for the General Damages section of the claim.
| Type of Injury | Seriousness | Maximum Compensation | Further details |
|---|---|---|---|
| Finger | Minor | Up to £4,160 | Minor injuries where nails are torn off or soft tissue damage has occurred |
| Finger | Loss | £3,150 to £21,910 | This range includes partial amputation of the little finger to multiple amputations |
| Thumb | Minor | Up to £3,460 | Minor injuries where nails are torn off or soft tissue damage has occurred |
| Thumb | Loss | £31,140 to £48,080 | An injury which leads to the amputation of a single thumb |
| Hand | Minor | £800 to £3,810 | Injuries including abrasions, cuts and tissue damage |
| Hand | Moderate | £5,110 to £11,640 | Hand injuries, such as lacerations, where surgery may be required to treat the injury |
| Hand | Loss | £84,310 to £96,150 | The loss of a single hand through amputation or complete loss of function |
| Hand | Serious (both) | £49,010 to £74,150 | An injury where permanent loss of function occurs |
| Hand | Loss (both) | £123,310 to £176,660 | The loss of a both hands through amputation or complete loss of function |
| Wrist | Severe | £41,760 to £52,490 | Severe wrist injuries with permant loss of mobility of the wrist |
| Arm | Moderate | Up to £11,040 | Injuries such as tennis elbow or basic fractures of the arm |
| Arm | Less Severe | £13,720 to £28,060 | These injuries will eventually heal but will be painful and cause restricted movement. |
| Arm | Severe | £34,340 to £48,080 | These injuries will eventually heal but will be painful and cause restricted movement for medium to long-term |
| Arm (fractures) | Simple | £5,810 to £16,830 | Including fractures of bones in the forearm |
| Arm (fractures) | Less Severe | £16,830 to £34,340 | Including fractures of bones in the upper arm |
| Arm (fractures) | Serious | £34,340 to £52,490 | Injuries such as multiple fractures which lead to long term disability and pain of the arm. |
| Arm (fractures) | Severe | £84,310 to £114,810 | Injuries such as multiple fractures which lead to permanent disability and pain of the arm. |
| Arm amputation | Below elbow | £84,310 to £96,150 | An injury which results in the loss of the lower arm |
| Arm amputation | Above elbow | £96,150 to £114,810 | An injury which results in the loss of the arm below the shoulder |
| Arm amputation | Full | Not less than £120,270 | An injury which results in the loss of the arm at the shoulder |
| Toe | Moderate | Up to £8,420 | Minor fractures, abrasions and lacerations |
| Toe | Serious | £8,420 to £12,050 | A range that includes a single fractured toe or fractures of multiple toes |
| Toe | Severe | £12,050 to £18,480 | Includes the loss of one or more toes through amputations |
| Toe | Loss | In the region of £27,450 | Amputation of a single big toe |
| Foot | Minor | Up to £12,050 | Fast healing injuries such as lacerations, tissue damage and basic fractures |
| Foot | Moderate | £12,050 to £21,910 | Injuries causing mobility loss such as serious fractures |
| Foot | Very Severe | £73,620 to £96,150 | Injuries causing permanent loss of mobility |
| Foot | Loss | £73,620 to £96,150 | An injury that results in the complete loss of one foot |
| Foot | Loss (both) | £148,540 to £176,660 | An injury that results in the complete loss of both feet |
| Ankle | Minor | Up to £12,050 | soft tissue damage, minor sprains and other injuries that heal quickly |
| Leg | Minor | Up to £10,380 | Injuries including soft tissue damage and minor fractures |
| Leg | Less Serious | £15,750 to £24,340 | Fractures that cause immobility while the wound heals |
| Leg | Moderate | £24,340 to £34,370 | Compound fractures and serious tendon damage |
| Leg | Serious | £34,370 to £48,080 | Serious multiple fractures causing immobility for the long term |
| Leg | Severe | £84,400 to £119,210 | Serious multiple fractures causing immobility on a permanent basis with ongoing pain |
| Leg amputation | Both | £211,150 to £247,280 | An injury that causes the full amputation of both legs. |
| Neck | Minor | Up to £2,150 | Cuts, abrasions and minor sprains which will heal quickly. |
| Neck | Moderate | £6,920 to £33,750 | The amount paid in this range will depend on how long it takes to heal and how long the pain lasts. |
| Neck | Severe | £39,870 to £130,060 | Injuries causing permanent pain or loss of use. |
| Back | Minor | Up to £10,970 | Fast healing sprains, lacerations and bruising with no long term effect |
| Back | Moderate | £10,970 to £34,000 | Painful injuries to the ligaments and muscles in the back |
| Back | Severe | £34,000 to £141,150 | Life changing injuries such as a broken back |
This is quite a comprehensive table of injuries and illnesses. If your injury is missing though, don’t worry as we can still help with your claim. Please get in touch with one of our advisors so that we can assess your claim.
I Was Injured On Holiday In Tenerife, What Could I Be Compensated For?
Following an accident in Tenerife there are a number of different things you could claim compensation for. The different elements are listed below. If you have to claim through the Spanish court system rather than against your holiday provider, the elements may have different names but, in general, the same principles apply.
The different parts of claim you can make include:
- General Damages: This compensation is paid for the pain and suffering that a victim has suffered. The table in the previous section has some example amounts. You’ll notice that each injury has a range from minor to severe. An important part of your solicitor’s job is to prove where your injuries fit in that scale to ensure you receive the correct level of compensation.
- Medical Costs: You may incur medical costs because of your injuries including prescription costs or hospital costs. If this happens, and is directly related to your accident, you could claim for these costs.
- Travel Expenses: If you have to change your return ticket from Tenerife to the UK, because you’re unfit to travel, you could ask for the cost back. You could also claim back the cost of any travel (using your own vehicle or public transport) when visiting doctors and hospital in the UK.
- Lost Income: There are many scenarios that could mean you lose income because of your injuries. You may need to visit the doctor in work time, or you may require time off to recover. If your employer doesn’t pay you fully for your time off, you could seek the cost back.In very serious cases, you may need to change jobs or stop working altogether because of your injuries. In these cases, your solicitor may ask for compensation for the future loss of income.
- Damage to Personal Property: If, at the time of your accident, any item of personal property was damaged, you could claim back the cost of replacing or repairing the item.
Aside from the general damage’s element, you should try and provide your solicitor with receipts for any costs incurred. It’s worth seeking their advice prior to agreeing to any large costs, to check if you can claim for it later.
Provide as much information to your solicitor about the impact the accident has had. This is because, when a claim is settled, you can’t ask for more compensation at a later date.
No Win No Fee Tenerife Holiday Accident Claims
When clients approach us, it is common for them to be anxious about the cost of making a claim. We understand that, which is why we offer no win no fee agreements for all cases we take on.
When you hire a personal injury solicitor, there are 2 ways to proceed:
- Pay a solicitor for their time up front.
You hire a solicitor and they tell you their hourly rate. You’ll have to either pay an agreed fee for their service or they’ll bill you by the hour. If they win compensation for your injuries, you keep 100% of the compensation awarded. If they lose the case though, you still have to pay them for their service. - Hire a no win no fee solicitor.
When you use a no win no fee solicitor, they’ll provide you with a Conditional Fee Agreement (CFA) which states that if they lose the case, you don’t have to pay them. It also states a ‘Success Fee’. This is a percentage of your compensation that the solicitor will keep to cover the cost of their services if they win the case. It is limited to a maximum of 25% but could be less. If they win the case, they retain the success fee and send the rest of the compensation directly to you.
While no win no fee means you don’t keep 100% of the compensation awarded, it removes the risk of a large legal bill should your case be lost.
Our clients tell us that, using no win no fee makes their claim much less stressful. This is the main reason that we only work on a no win no fee basis.
How Our Holiday Accident Claims Team Can Help You
Legal Expert have been working on personal injury claims for many years. We have the experience and knowledge to know how to properly begin a compensation claim.
We’ve represented may clients over the years and are dedicated to ensuring we receive the right level of compensation on all occasions.
We offer a no win no fee service, for all cases we take on and our specialists are available throughout your claim to answer any questions that may arise.
Contact Our Spanish Holiday Accident Experts
Now that you’ve read this guide about the time limits for personal injury claims in Tenerife, we hope you’re ready to begin your own claim. If you’d like to use Legal Expert, you can contact us in any of these ways:
- Call us free on 0800 073 8804. One of our specialist advisors will answer any questions you may have.
- Use the live chat facility from any page of our website. This service is available 7 days a week.
- You can send an email with details of your claim to info@legalexpert.co.uk – we’ll get back to you when it’s convenient.
- Or you could use our easy online form to begin your claim.
When you make contact with us, we’ll always offer a free initial consultation regarding your claim. This is where we assess the merits of your claim including the cause of the accident, your injuries and the impact. If we agree that you have a good chance of claiming compensation, we’ll provide you with a conditional fee agreement. When you’re happy to start, we’ll begin your claim.
Resources Tenerife Holiday Accident Victims
Thanks for taking the time to read our guide about the time limits for personal injury claims in Tenerife. For further information, we’ve included some other useful guides which we hope you’ll find useful.
Tenerife Car Accidents – a thorough guide about what to do in the event of a road traffic accident in Tenerife.
Tenerife Holiday Accident Claims – our more detailed look at claiming compensation for accidents in Tenerife, including compensation amounts that could be paid.
Slip, trips and falls – This guide covers the injuries that can happen following a slip or fall. It covers different compensation amounts available too.
Travel Advice – Spain – Useful information from the government website about considerations you should take when travelling to Spain.
Spanish Healthcare – An NHS guide about how to get healthcare when in Spain.
If you require any further information, please contact Legal Expert and one our advisors will help you.