How To Claim Compensation For A Package Holiday Injury Or Illness In Spain

Spain package holiday

Spain package holiday

By Cat Swift. Last Updated 29th March 2023. From spa treatments gone wrong, to car crashes, to food poisoning, to slips and trips… personal injury claims can be made because of a whole host of incidents. This can often lead to a lot of confusion, as people are unsure as to what constitutes as a personal injury and what does not.

In this guide, we aim to eradicate any confusion you may have about this subject with our beginner’s guide to suffering a package holiday injury or illness in Spain. So, keep on reading to find out all you must know…

The first thing it is vital to be aware of is that the type of injury you have suffered is not the important factor when it comes to determining whether you have a case. Your level of suffering will help to decipher how much compensation you are going to get, yet when seeing if you have a strong case to begin with you have to prove the following three statements to be true…

  1. The accident was not your fault. It occurred through someone else’s error or negligence.
  2. The incident occurred within the personal injury claims time limit, which is typically last three years booked with a UK tour operator.
  3. You saw a medical professional for the injuries you suffered

You really need those three points to be fact if you want to have any chance of getting compensation. Everything from injuries as a result of criminal activity to road traffic accidents are covered, as long as those three points are true.

If so, you will receive compensation for the suffering you have encountered – this is known as general damages, as well as any costs incurred because of the injury – this is known as special damages. The greater suffering, the greater your general damages will be. For special damages, you must keep receipts of everything from travel costs to medical expenses so you can claim for them.

For further info about making a personal injury claim, call Accident Claims UK. We will happily answer all of your queries and put you in touch with one of our specialist solicitors who will handle everything for you. You can get hold of us on 0800 073 8801. But before you go ahead and pick the phone up, continue reading to gain as much information as you need.

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A Guide To Claiming Compensation For An Injury Or Illness On A Package Holiday In Spain

If you have been injured in an accident on a package holiday and it wasn’t due to your fault, there is a pretty good chance that you are going to be able to get compensation. In this guide, we will go through all you might need to know regarding making a claim. This will include details on time limits, how much money you may receive, and much more.

What Is A Package Holiday?

A package holiday is defined in the Package Travel, Package Holidays and Package Tour Regulations 1992 as any type of holiday that combines at least two of the following:

  • Tourist services, for example, excursions
  • Accommodation
  • Transport

It also must be sold at an inclusive price and it must involve overnight accommodation or at least 24 hours.

How Safe Are Package Holidays To Spain?

Package holidays tend to be safer when compared with booking a holiday independently. This is because they feature underwritten insurance, which will protect you if something bad happens. In fact, this is one of the reasons why package holidays have become so popular – people like the security that is associated with them and knowing that they have a port of call should something go wrong while abroad.

What Are The Most Common Injuries On Package Holidays?

Determining whether to make a package holiday claim is a big decision. If you have been injured and it was not your fault there is every chance that you will be entitled to compensation. Nonetheless, no one wants to put themselves through the hassle of this if their chances are slim. Therefore, they agonise over the prospect of claiming. The good news is making this decision is a lot easier than you’d think! Accident Claims UK is here to ensure you make the right one.

One of the main reasons why there is a lot of confusion is because there are an unbelievable number of injuries that can lead to claims for Spain holiday injury compensation. The following is just a mere handful of examples…

• Car crashes

• Spa treatments gone wrong

• Food poisoning

• Criminal injuries

• Product liability

• Gym accidents

• Motorbike accidents

• Swimming pool accidents

• Slips, trips and falls

• …and much, much more.

It doesn’t matter how unique your case is when it comes to determining whether you should make a claim or not. You simply have to prove the following three statements to be true…

• The accident took place within the time limit, which is typically the past three years

• You had to see a doctor as a result of your injuries

• The accident happened through no fault of your own

If those statements apply to your case, you can deduce that you have a very good chance of getting compensation and thus should definitely proceed with making a claim. In fact, all you have to do is give Accident Claims UK a call on our legal helpline and we will give you an honest answer as to whether we think you will get personal injury compensation in Spain.

Common Illness You Could Suffer On A Package Holiday In Spain?

There are many different illnesses that could happen while on holiday in Spain. Some of the most common are as follows…

  • Giardiasis
  • Coli
  • Cryptosporidium
  • Campylobacter
  • Dysentery & Shigella
  • Salmonella

Spanish Package Holiday Slips, Trips, And Falls

Slipping, tripping, and falling… a common occurrence around the world, when you consider the different ways these sorts of accidents can happen! Sometimes a small slip can be harmless and produce a few giggles. Yet, in other instances, it can cause considerable pain and injuries to the person in question. If the slip in question was a result of someone else’s error or negligence, you could actually be entitled to compensation.

Unfortunately, not all slips will result in compensation. One of the main determining factors is where the slip occurred. If you have slipped on the street, it is the responsibility of the local council to ensure the area is safe. Yet, there is a lot of debate regarding how far the council go when it comes to salting and gritting the roads and pathways. Therefore, making a claim is not always straightforward. Nonetheless, there are also claims involving slipping on ice that occur on a business’s premises or indeed the hotel itself. In these instances, it is probable that the owner is at fault and therefore you are likely to be entitled to compensation. This is not something you need to stress about, though. Simply give us a call about your situation and we will be able to tell you whether you have a claim in Spain or not.

Claims for Food Poisoning In Spain?

Food poisoning is one of the most common illnesses that people claim for when they have suffered an accident on holiday. Food poisoning can happen in many different ways. Some of the most common issues that our claimants have experienced are as follows…

  • Unclean serving utensils have been used, causing cross-contamination
  • Local wildlife and insects carry harmful infections and bacteria and are allowed near the dining area
  • Buffet food that is too cold or too hot. If food is not kept at a safe area, you may get ill
  • Food that has been reheated, allowing harmful bacteria to grow
  • Food that has not been stored properly
  • Food that has not been cooked thoroughly

Legal Protections For Package Holiday Travellers

The law relating to package holiday claims is known as the Package Travel, Package Holidays and Package Tour Regulations 1992. This law was put in place to protect people who booked package holidays, making sure that they could claim against the travel operator, rather than having to go directly to the local supplier.

Are You Still Protected If You Bought Your Package Holiday In A Different EU Country?

A lot of people are worried that they will not be protected if they have purchased a package holiday from another European Union country. However, there are European laws in place, which means all EU countries need to have regulations that will protect package holiday consumers. This means that you can expect laws that are similar to those that are in place in the UK. The best thing to do is give us a call, explain your situation, and we will advise you on your rights.

Can You Claim Compensation For A Fatal Package Holiday Accident?

If someone you love has suffered a fatal accident while on holiday, you will be able to claim on his or her behalf if you are a dependant. This means that you are a child, partner, or someone who relies financially on the person who has passed away. Such incidents can be very traumatic and distressing. However, we have years of experience, and so you can be sure we will work hard to get the compensation deserved.

Who Is To Blame For Your Package Holiday Accident Or Illness In Spain?

When making a claim, the most important element is establishing responsibility for the accident. You need to prove that someone else is to blame for what happened to you. Your tour operator may be responsible if you have experienced food safety mistakes at a restaurant, hotel employee negligence, defects at your resort or hotel, negligent drivers during your transport, and issues during your flight. Even though these accidents may not have happened directly at the hands of your tour operator, the law means that they are still responsible for what has occurred.

Accident On Holiday Claims – What Evidence Do I Need?

An important part of accident on holiday claims and holiday illness claims is gathering evidence. Evidence can help strengthen your claim and can help you prove who is responsible for your illness or injury, as well as how the accident occurred and whether negligence was involved.

Some examples of evidence that you could collect to strengthen a holiday sickness compensation claim include:

  • Photographs of your injuries, if possible
  • Medical evidence, such as blood tests or medical records
  • Photographs of the accident site or what caused you harm
  • Witness contact details

One benefit of working with a solicitor when you make your claim is that they can help you gather this evidence and ensure that all areas of your claim are considered. To find out how one of our solicitors can help you, or to get free advice regarding your claim, contact our team of advisors today.

Spain Package Holiday Accident Claims Time Limits

A lot of people simply assume that they have all of the time in the world to make a personal injury case. Nonetheless, this is unfortunately not the case. There is a three-year personal injury claims time limit on claims – in most cases. There can be some exceptions. This is three years from the date of the incident. The only exceptions are those whereby the injury occurs over time, which isn’t often the case with package holiday cases. When this happens you will have three years from the date of your diagnosis. Also, if you were injured as a child, you will have three years from the date of your 18th birthday if your parents did not make a claim on your behalf.

You can refer to the table below for information on the time limits in place…

Circumstances of illness or injury Limitation date
Illness or injury during a privately-booked flight 2 years
Illness or injury during a private holiday 1 year, but can vary
Spain in a package deal 3 years

What Can You Claim Compensation For After A Package Holiday Accident

Have you suffered package holiday injuries that occurred because of someone else’s negligence or error? Have you seen a doctor as a result of your injuries? If so, there is a very high chance that you will be entitled to Spain holiday illness compensation. At Accident Claims UK, we are dedicated to ensuring you get the full amount of compensation you are entitled to. So, keep on reading to find out everything you need to know…

A lot of people realise that they are entitled to compensation for the suffering they have experienced. ‘General damages’ are calculated based on the severity of your injury, as well as the impact it is going to have on your life. However, there are ‘special damages’ too. These are any costs you have encountered as a result of the injury you have suffered. This means you can claim for all of the following that are applicable to your case specifically…

  • Travel expenses
  • Cost of repairing your vehicle
  • Cost of healthcare
  • Having to pay for repairs to damaged belongings or indeed replacements
  • Loss if earnings as a result of being unable to work
  • Childcare expenses – i.e. getting someone to look after your child during the recovery process
  • Medical expenses
  • Adapted transport costs
  • Therapy expenses
  • You can claim for loss of use, i.e. the period you are without the use of your vehicle
  • Cost of assistance during the recovery phase
  • Special care aids and equipment
  • Insurance excess
  • The cost of your prescriptions
  • Insurance excess
  • The cost of having your damaged vehicle towed and stored
  • Adapted accommodation
  • Having to pay for alternative accommodation
  • Hospital parking expenses
  • Replacement car hire charges
  • … And much, much more!

This should give you a good idea of the sheer scope of special damages you can receive compensation for when making a claim. For further information, or to begin the claim process, simply get in touch with Accident Claims UK on our legal helpline today!

Spanish Package Holiday Compensation Claims Calculator

When making your claim you will not only receive compensation for your injury, but you will also be compensated for any costs you have encountered as a result of the injury. This can be anything from childcare costs, to accommodation expenses, to prescription costs, and much, much more. No doubt you will want to know how much compensation you are going to get. We do not recommend that you use a personal injury claims calculator, as they are not very accurate. Instead, you can refer to the table below, which informs you of the average payout for typical injuries relating to package holiday accidents.

Injury Notes Payout
Amputation of One Foot Treated as similar to a below-knee amputation because of the loss of the ankle joint. £83,960 to £109,650

Amputation of Both Feet Treated as similar to a below-knee amputation because of the loss of the ankle joint. £169,400 to £201,490
Severe knee injuries Serious knee injury where there has been disruption of the joint. £69,730 to £96,210
Severe Leg Injuries The most serious injuries short of amputation. £96,250 to £135,920
Wrist injury Injuries resulting in complete loss of function in the wrist. £47,620 to £59,860
Loss of One Arm Below-elbow Amputation £96,160 to £109,650
Loss of One Arm Above-elbow Amputation £109,650 to £130,930
Hip injury Considerable injury to the hip or pelvis but any permanent disability is not major. £26,590 to £39,170

Bad shoulder injuries Typically linked with neck injuries and involving damage to the brachial plexus. £19,200 to £48,030

No Win No Fee Spanish Package Holiday Compensation Claims

No matter what type of incident you have been involved in, whether it was a food poisoning case or a car crash, one thing you need to do when making an accident claim is arm yourself with a top quality solicitor. Read on to discover more about finding the best solicitor for you…

Finding a personal injury solicitor is not always an easy challenge. How are you supposed to know if the individual in question is going to be good if you have never used their services before? How do you know they are going to dedicate a lot of attention to your case? How do you know that they are going to be easy to communicate with? The truth is that you don’t. But, there are ways you can improve your chances of the service being a successful one.

To begin with, you should look at the solicitor’s experience when it comes to picking someone to handle your accident claim. You want someone that has been in the industry for a while and that has a good success rate. You should also read reviews that have been left by previous clients to see what they have to say about the service they experienced. This should alert you to any red flags.

It is also highly advisable to go for a solicitor that is happy to work on a No Win, No Fee arrangement. This means that you pay in relation to the outcome of your case and so risk is minimised dramatically. Nonetheless, this is also beneficial in regards to ensuring you benefit from the highest levels of quality. Your personal injury lawyer is going to dedicate the necessary amount of time to your case since they are impacted by the outcome. Moreover, they will never waste your time. If your claim isn’t a strong one, they will tell you. Here at Accident Claims UK, all of our solicitors work on a No Win, No Fee basis.

How Our Team Can Help You After An Accident On A Package Holiday

There is one thing that all accidents have in common and this is the fact that you need a good law firm on your side if you want to have the best chance of getting compensation. This is exactly what you have with Accident Claims UK and here are the reasons why…

We have handled many claims for accidents on holiday in Spain like yours before!

No matter how unique the circumstances of your case may seem, you can rest assured we have probably dealt with similar before. After all, we were established many years ago, and so we have been successfully helping thousands and thousands of personal injury victims over years. This should put your mind at ease when using our service!

We only work on a No Win, No Fee payment scale

You won’t find a traditional solicitor’s service here. All of our solicitors work on a No Win, No Fee basis. This presents a whole host of advantages for you. It means that we will not waste your time. If we do not think there is a very good chance of you getting compensation we will tell you. It also means that you do not need any money to begin your claim and the financial risk that is associated with a typical solicitor’s service is also eliminated.

We have an impeccable reputation

Last but not least, you could struggle to find another law firm that boasts a reputation as exceptional as ours. We encourage you to take a look at the reviews that are available to read on our website. You will see that people have been more than happy with the service they have received.

Contact Us Today

If you are ready to make a claim for injury or illness in Spain compensation, we are ready and waiting to help you. You can get hold of us on 0800 073 8801. This line is open 24 hours a day, seven days a week. Whether you are ready to make a claim or not, we can assist. You can get in touch with us in many different ways. Not only can you call us but also you can use the live chat feature, send us a message via email, or you can enter your details and we will call you back.

Further Guides And Helpful Information

Restaurant illness or injury claims – A guide to claiming for illness caused by a restaurant.

Hotel injury claims – Can you claim for an injury caused by the negligence of your hotel? See here.

FAQ – FAQ on claims processes.