Formentera Holiday Accident Claims Guide – How To Claim Compensation For A Personal Injury In Formentera ?

Holiday Accident Claims

 

 

 

Every year, a large number of Brits look forward to a sunshine holiday in Formentera. While most visitors have an amazing time, there are a small number of people who experience what can only be described as a nightmare vacation because they suffer an illness or injury. If you fall into this category, or you know someone who does, you will find all of the information needed on holiday accident claims in Formentera which is provided in this Spain holiday compensation guide. Securing the highest amount of compensation depends on having the right information from the outset.

Jump To A Section

A Guide To Claims For An Accident On Holiday In Formentera

Formentera Holiday Accident
Formentera Holiday Accident

Formentera is the smallest of all of the Balearic Islands. Despite this, it has a big personality and benefits from a lot of visitors every year, with the figures standing at around three million. If you were injured while on holiday in Formentera, you may want to know how to make a claim and how much compensation you may be awarded. This guide provides valuable information regarding holiday accident claims in Formentera which includes details on the steps to take and how to access healthcare while on holiday there. The guide provides information regarding some of the most common types of accidents in Formentera and offers a guideline as to how much personal injury compensation you may be awarded and how to find an expert solicitor to act on your behalf.

What Happens If I Get Sick Or Injured Abroad?

If you get sick or suffer an injury while on holiday in Formentera, you may be able to make a claim in the same manner as you would if the accident happened in the UK. For your claim to be valid, you need to show that someone else is to blame. For example, if you were injured while on a tour bus because the driver was driving recklessly, you may be entitled to file a claim. However, if you were involved in a road traffic accident because you were speeding in a hire car, it is very unlikely that your case would be valid.

Who Is Liable For My Personal Injury Or Illness On Holiday?

Have you been injured in a car crash in Formentera? Perhaps you ended up hurt as the result of under-cooked food? Or maybe you sustained an injury whilst in the hotel gym? There are many different types of personal injuries that could result in successful holiday accident claims in Spain. However, before you go ahead with a claim, you need to determine whether you actually have a realistic chance of getting personal injury compensation in Spain. In order to do so, ask yourself the following 3 questions:

Did the injury happen because of someone else’s error or negligence?

First and foremost, you would only be able to make a claim if you can prove the incident happened because of someone else’s error or negligence. If you are unable to do this, you are going to struggle to get compensation. When it comes to holiday accidents, there are many different parties and individuals who could be deemed responsible which includes another driver on the road, to the hotel company.

Did you receive professional medical attention for your injuries?

When it comes to personal injury claims, you must have visited a medical professional for your case to be successful. If you fail to do this, you would not be able to prove you sustained an injury on holiday in Formentera. When people experience minor injuries which includes mild whiplash, they are often tempted to bypass a trip to the hospital. However, if  if you are planning to make a compensation claim, it is essential that you seek medical attention and even if initially, you don’t plan to file a claim, you must still seek treatment for whiplash.

When did the incident occur?

Another question you should ask yourself, is when did the accident happen because there is a personal injury claims time limit you have to respect. In most instances, you would have three years from the date of the accident to make a claim. Nevertheless, there are certain instances where you would only have 1 year to seek compensation if injured on holiday in Formentera. This means that court proceedings must be issued within this period. However, if you have suffered a health issue that developed over time, the deadline begins from the date of your diagnosis instead.

What Do I Do If Sick Or Injured On A Formentera Holiday?

When it comes to accidents on holiday in Formentera and other destinations, it is important to take the right steps – firstly, for your health, and secondly, if you plan to make a personal injury claim. A personal injury lawyer would work hard to ensure you  get the payout you deserve, but you can help by gathering the right evidence. Other steps you must take would include the following:

  • Get professional medical attention – if you want to have any chance of making a successful accident claim in Formentera, you must see a doctor so you can be treated. It is vital that you get professional medical attention because the report would document the injuries you sustained and the treatment you received. The report serves as important evidence when filing a personal injury claim against a third party
  • Gather contact information – you need to get the contact details of the person who caused the incident. You would need their name, telephone number and address. You should also get details of their insurance provider. If you were involved in a road traffic accident, you should take note of the make of the car and the registration number. There may be incidents when it is impossible to get this information with an example being a hit and run incident. However, you may still be able to make an accident claim. Aside from getting the contact details of the individual responsible for the accident, it is also a good idea to get the contact details of anyone who witnessed what happened. Witness statements can prove extremely credible pieces of evidence. You should get their names, their telephone numbers and their addresses. It is also a good idea to make your accident claim sooner rather than later. The last thing you want is for your witnesses to move to a new home, or change their phone number which could result in a weaker claim
  • Contact your insurance company – it is important to make sure that the travel insurance provider you took your policy out with, is informed of what happened at the earliest opportunity. You may also need to report the accident to the tour operator if you have been injured on a package holiday
  • Make a note of what happened – as soon as you get the chance, you should make a note of what happened. This ensures that you do not forget anything later down the line when you file a personal injury claim in Formentera
  • Keep proof of expenses – make sure you keep proof of any expenses you incurred as a result of the incident. This includes prescription fees, loss of income, travel expenses, repair costs and such like
  • Get in touch with an experienced law firm – you are also going to need to make sure you have an experienced and reputable law firm on your side so that you have the best chance of securing the maximum amount of compensation. This guide provides some valuable pointers on choosing a solicitor which can be found further down in the post.

Holiday Accident Claims

Where Can I Get Help After A Personal Injury Abroad?

It is easy to feel like you are alone if you are involved in an accident while on holiday in Formentera. However you’re not. Below are some of the places you can turn to for help when you need it the most:

  • Your travel company/ package holiday company
  • The Spanish healthcare system
  • A travel insurance provider
  • The British Embassy

Can The British Consulate In Ibiza Help Me?

Yes, in fact, a member of the British Consulate may come to see you if you were admitted to hospital for treatment. They would also make sure that family members or friend are made aware of the situation. You can find the contact details for the British Consulate in Ibiza below. Moreover, the UK Government website has some useful travel advice.

British Consulate Ibiza

Avenida Isidoro Macabich 45

1º1ª (corner with Calle Canarias)

07800 Ibiza

Spain

Telephone enquiries: +34 93 366 6200

Website: www.gov.uk/world/organisations/british-consulate-ibiza

Why Do I Need Travel Insurance When On Holiday?

A lot of people assume they do not need to take out travel insurance when visiting Formentera. This is because the island is part of the EU and, therefore, for the moment, namely in pre-Brexit stage, a European Health Insurance Card could be used. Your EHIC can be issued from the government, free of charge if you do not currently hold one. You can simply follow the easy application process on their website. However, do not let this lull you into a false sense of security. Yes, you may receive reduced price treatment or even free treatment in some cases in you are injured on holiday in Formentera. However, there are a lot of things that are not covered, which is why travel insurance is so essential.

Popular Resorts And Beaches In Formentera

There are some amazing resorts and beaches in Formentera. Some of the most popular hotels and resorts include places like the Insotel Club Maryland, Las Duas Playa, Hotel Riu La Mola, and Gecko Hotel & Beach Club. When it comes to beaches, the most famous and popular is Ses Illetes. In fact, it has been voted the most beautiful beach in Spain on numerous occasions. Other notable beaches include Llevant Beach, Calo des Mort, and Es Pujols Beach.

Here are some interesting tourist statistics for the Balearic Islands on a whole. The table shows the number of tourists to Ibiza.

YearNumber of UK tourists% change
20163,061,89513.6
20173,236,3695.7

Common Illnesses On Holiday In Formentera

While on holiday, you always need to be diligent and make an effort to protect yourself from the more common illnesses you may develop. Some of the common holiday illnesses that people have picked up in Spain, in general, include the following:

  • Shigella
  • E.Coli
  • Campylobacter
  • Salmonella

People have also reported symptoms such as vomiting and diarrhoea, and there have been reports of under-cooked food, dirty swimming pools, and low hygiene standards.

Can I Claim If I Became Sick Because Of Food Poisoning Or A Food Allergy?

Yes, you could be entitled to make a claim if you suffered food poisoning or a food allergy while on holiday in Formentera. If you have had an allergic reaction because you were not given the correct information regarding any allergens present in the food you consumed, you may have grounds for compensation. Pre-packaged food, allergen information must be printed on the label and when it comes to eating in restaurants and other eateries, there is a bit more flexibility. You may be told about the allergens by waiting staff, or it could be printed on the menu. If this is not been the case, you may have strong grounds for compensation.

What about food poisoning? It probably comes as no surprise that food poisoning is one of the most common sicknesses that people experience while on holiday. This could happen in many different ways, for example, you may fall ill because food was left on the buffet for too long, or because food was not stored, cooked, or prepared properly. Symptoms can vary but they tend to include nausea and dehydration, which should go away after a few days. Nonetheless, there have been severe and life-threatening cases of food poisoning too.

Illnesses Caused By A Lack Of Hygiene At Your Hotel Or Resort

When we go on holiday, we expect high hygiene standards from the hotel we are staying in. After all, this is a basic right as a customer. While the vast majority of hotels in Formentera maintain exceptional levels of hygiene, there have been a couple that have let the place down. If you fall ill because of poor hotel hygiene, you should contact a personal injury lawyer because you could be entitled to seek compensation if you fell ill as a direct consequence.

Formentera Road Traffic Accidents And Car Crashes

While Formentera may be the smallest of all of the Balearic Islands in Spain, it does not mean that road traffic accidents don’t happen. If you were injured in a car or motorcycle accident in Formentera caused by someone else, you may be entitled to compensation and as such you should discuss your case with a personal injury lawyer.

One of the most common injuries suffered when it comes to road traffic incidents is whiplash:

  • How do you get whiplash? Whiplash is an injury that occurs when the head jolts backwards and forwards in a violent manner which is why it often occurs in road traffic accidents, yet there are other ways to get whiplash
  • What are the symptoms of whiplash? There are many different symptoms associated with whiplash. Most people suffer from neck pain and stiffness. However, other symptoms range from nausea to blurred vision. One thing to note, is that the symptoms often take a while to surface, and thus you may feel fine after the incident, but you still need to see a doctor because the symptoms may manifest later down the line

Here are a few other questions you may have about making a claim for car accident compensation:

  • How do I know if I have a strong chance of getting compensation? There are three key aspects you need to look at. The most important is establishing blame. You need to show that someone else is responsible if you are to have any chance of securing compensation. Aside from this, the accident must have happened within the time limit, and you must have seen a doctor and received a medical report detailing the injuries you sustained
  • Will I have to go to court? It is extremely unlikely. If you hire a good legal firm, they would aim to resolve all cases over the phone when possible
  • Can I make a claim if the driver has run away from the accident scene? Yes. Although the process is not exactly the same as it would be if they did not. In short, it can prove more challenging, but you could still make a claim. However, you must call the police to report the hit and run that you have been involved in

Injury Caused By A Lack Of Maintenance At Your Hotel

Poor hotel maintenance is another common reason for personal injury claims in Formentera. There are many ways these incidents can happen, from poor swimming pool maintenance to hazards around the hotel grounds. People have also made claims for injuries due to poorly maintained equipment in the hotel gym.

Common Accidents On Holiday In Formentera

There are many different accidents that can happen while in Formentera. However, some of the most common are as follows:

  • Road traffic accidents
  • Accidents on tours and excursions
  • Watersport accidents
  • Food poisoning
  • Food allergies
  • Sickness due to poor hygiene
  • Injuries from faulty products or hotel furniture
  • Slips, trips, and falls

Can I Make A Package Holiday Accident Or Illness Claim?

Yes, you can! A lot of people assume that making a personal injury claim for an accident that happened on a package holiday is going to be difficult. This is because package deals often include the likes of tour activities and transport which is  outsourced to other providers. However, there are regulations in place that mean you can make the claim against the tour operator, so it’s actually a lot more straightforward than expected. But, is your holiday a package one? For this to be the case, you must have booked at least two of the following under the same deal:

  • Transport
  • Accommodation
  • And/or tour services or other travel services

How To Claim Compensation For A Formentera Holiday Personal Injury Claim

No matter what type of accident you have been involved in, whether it has been a car crash or a case of legionella, there is one thing you need and this is an expert personal injury lawyer working on your behalf. Your solicitor would be responsible for ensuring that you receive the amount of compensation you deserve and therefore it is imperative that you choose a lawyer with great care.

Make sure you decide on working with a solicitor dealing in No Win, No Fee claims. A No Win, No Fee service is highly beneficial for a whole host of reasons. The risk is eliminated in several different ways. Financial risk is diminished and you don’t have to worry about a solicitor just taking your case to take your money. Moreover, you don’t even need any money to bring your claim with a No Win, No Fee service. But, what other qualities should they have?

  • Experience – there is only one place to begin, and this is with experience. You want a solicitor who has handled many No Win, No Fee claims that involve accidents abroad before. You need to be safe in the knowledge that the solicitor has the capability of handling your case effectively
  • Good communication – this is one of the most important things to look out for. You need to make sure that you can get in touch with your solicitor whenever you need to and that they always keep you appraised of the situation
  • Exceptional reputation – last but not least, it is always a great idea to read the reviews that have been left by previous clients. This is the best way to get an honest assessment regarding the service you are likely to experience

Formentera Holiday Accident Claims Calculator

When it comes to your compensation amount, it is vital to understand that this is essentially going to be split into two parts, known as general damages and special damages. The former is the money you will receive in compensation for your injuries. This is calculated based on the injuries you have suffered, the severity of them and the treatment you need to follow. The medical report provided by your doctor will be used for this. When it comes to special damages, this is the money you receive for any costs you encountered as a direct result of your injuries. Here are some examples:

  • Loss of income
  • Prescription costs
  • Treatment expenses
  • Cost of adapting your accommodation
  • Counselling expenses
  • Vehicle repair costs
  • Hospital parking
  • Travel costs

To claim special damages, you need to have proof of your expenses. Therefore, make sure you don’t throw away any receipts or relevant documents.

Below, you can get a glimpse regarding some of the typical payout amounts for injuries awarded while on holiday in Formentera. This information has been provided by the Judicial College Guidelines and given as a guideline only:

The type of injury that has been sustainedThe typical payout for this sort of injury
Pain and suffering£1,000 - £200,000
Knee injury, severe£39,700 - £72,970
Wrist injury£2,550 - £44,500
Severe shoulder injury£9,500 - £37,000
Loss of earnings£10,000 - £400,000
Loss of benefits£5,000 - £500,000
Mental anguish£3,550

Where To Find A Solicitor And Additional Resources

Seeking Legal Advice? – This site has a guide on claiming in Formentera.

Formentera Information – Further information you may find useful.

Edited by Honey 22/1/20

Holiday Accident Claims