Advice On Holiday Travel Claims In The Balearic Islands
Accidents and injuries can happen wherever you happen to be. However, there is no denying that it can be even more frustrating and upsetting when an accident ruins your holiday. If you suffered as the result of an accident on holiday in the Balearic Islands, you would likely be thinking about making a compensation claim. Read on for advice on travel claims in Spain and the Balearic Islands.
Jump To A Section
- A Guide To Holiday Travel Claims In The Balearic Islands
- Advice On What To Do If Injured Or Sick In The Balearic Islands
- Who Was Responsible For Your Illness Or Injury?
- What Should You Do If You Have A Personal Injury In The Balearic Islands?
- Where To Find Help In An Emergency In The Balearic Islands
- What Help Can The British Consulate Help You With?
- Do You Need Travel Insurance To Go To Spain?
- Popular Destinations And Places To Go In The Balearic Islands
- Common Illnesses People Have On Holiday In The Balearic Islands
- Food Allergies and Food Poisoning In Ibiza, Mallorca, Menorca, and Formentera
- Sickness Caused By Poor Hotel Or Restaurant Hygiene
- What To Do If Injured In A Car Accident In The Balearic Islands
- Injury Caused By Poor Hotel Maintenance
- What Other Accidents Can You Have On Holiday?
- I Was Hurt On A Package Holiday, Am I Protected?
- How To Claim Compensation And Damages For Accidents On Holiday In The Balearic Islands
- How Much Travel Illness Or Injury Compensation Can I Claim?
- Related Guides And Content
There are lots of places around Europe that are popular with British tourists, and the Balearic Islands certainly fall into this category. Out of all of the islands, there is no denying that Mallorca is the most popular with over 10 million tourists visit Mallorca annually. After this, Ibiza – Formentera is the second most popular destination, attracting around three million tourists each year. While most visitors have an amazing time, there have been those whose holidays were ruined because they suffered an injury or developed an illness. If this happened to you, it may entitle you to seek compensation from a third party. This guide offers useful information and advice on how to go about filing a personal injury claim following an accident in the Balearic Islands. The guide covers some of the most common claims, as well as details regarding the amount of compensation you may secure.
If you suffered any type of illness or were injured in the Balearic Islands, you may be entitled to compensation but it is important that you understand the process bearing in mind that you could receive a settlement for injuries you sustained but you may also be entitled to claim for loss of holiday enjoyment if the accident happened near the beginning of your trip. Furthermore, you can claim for costs like hospital expenses which would be awarded in special damages.
One of the first things you must do is determine whether you have the basis to file a personal injury claim. After all, the last thing you want is to spend time and money on making a claim if your claim is not valid.
When it comes to establishing whether you should make a claim for the accident in the Balearic Islands, you should ask yourself the following questions:
- Who caused the accident?
- When did the incident occur?
- Did you see a doctor for the injuries you suffered?
First of all, you must be able to prove that the injuries you suffered were as the result of someone else’s error or negligence. You would not be able to claim if you tripped over due to your own clumsiness. There could be various organisations or people who could be responsible for an accident on holiday in the Balearic Islands. It could be another person who caused a car accident you were involved in, or it could be the travel operator you booked your holiday through, as two examples.
The next question relates to the date of the incident. This is important because there is a personal injury claims time limit which is typically three years from the date of the incident. However, this can differ depending on how your holiday was booked and what happened which is why it is recommended to seek legal assistance as soon as possible so that you don’t run out of time. The reason being that court proceedings must begin within the statutory time frame.
Last but not least, it is imperative that you see a doctor. When people suffer minor injuries like minor whiplash, they are often tempted to bypass a trip to hospital. However, you must do this because the medical report is going to be extremely important when it comes to making your case and the amount of general damages you may receive would be based on the medical report a doctor provided.
Have you been involved in any type of accident in the Balearic Islands , or did you fall ill? If so, there are five things you must do if you want to make a personal injury claim. If the incident was not your fault, you may be entitled to compensation.
- See a medical professional – you must see a doctor. Needless to say, this is imperative when it comes to your well-being, but it is also important in terms of your case. If you don’t receive professional attention and get a medical report, you are going to find it impossible to build a strong case
- Get witness contact details – if anyone saw the incident unfold, you must get their contact details and witness statements because they can really strengthen and prove your claim against a third party
- Contact the responsible party – whether the hotel, a driver, or your tour operator could be responsible, you should give them a call and inform them about the incident. This would ensure that you handled everything correctly which in turn would show you in a positive light when it comes to the claims process
- Keep proof of any expenses – many people do not realise that compensation is split into two parts; general damages and special damages. The latter is the money you would receive for any costs you incurred because of the injuries you sustained on holiday in the Balearic Islands. This could cover costs and expenses which could include your loss of earnings, prescription expenses, travel charges and counselling fees. You may be able to claim all of these out of pocket expenses in your claim providing you can show proof of your expenditure
- Contact a reputable law firm – you should find a reputable law firm to handle your case and there is more information on this towards the end of the guide
If you were injured in an accident in the Balearic Islands, there are a number of places you could get assistance which includes the following:
- Your travel company/ package holiday company
- The Spanish healthcare system
- A travel insurance provider
- The British Embassy
As mentioned above, The British Consulate could offer you assistance if you were injured in the Balearic Islands. A member of staff would ensure your family and friends know what happened. You can find the contact details for the British Consulate in Mallorca below. You may also head to the UK Government website for foreign travel advice to Spain.
British Consulate Palma de Mallorca
Carrer Convent dels Caputxins, 4
Edificio Orisba B 4ºD
07002 Palma de Mallorca
Telephone enquiries: +34 93 366 6200
As the Balearic Islands is part of Europe, you would be able to use your European Health Insurance Card (EHIC) if you need to receive treatment. This could mean that you are able to get healthcare services free or at a fraction of the cost. It is worth noting that this may change after Brexit. However, this does not apply to all treatments, and therefore, going on holiday without travel insurance would be a big risk, and one that is definitely not worth taking. You also need to make sure that the travel insurance you take out provides the right coverage for your trip. For example, there are some policies that won’t cover things like watersports and similar activities which means you would need to organise an add-on to the policy.
There are some beautiful places in the Balearic Islands which means you would be spoilt for choice when booking a holiday. As mentioned in the introduction, Mallorca is the most popular island. One of the most stunning towns is Soller being set in a lush green valley, offering beautiful views, lots of architecture and history, it’s a great destination if you enjoy hiking or mountain biking. Of course, Ibiza is popular with party animals of every age, boasting renowned clubs and famous hotels, like Ibiza Rocks. This part of the Balearic Islands attracts the biggest names in dance music on a yearly basis. However, this does not mean you cannot relax. There are some lovely spots on San Antonio Bay for those who don’t want to be in the middle of the mayhem. Menorca is another great place to visit. There are some truly magical places here, including Cala Turqueta, which is one of the most photographed places on the island, as well as Favaritx Lighthouse.
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When visiting any country, it is always a good idea to make yourself aware of the illnesses that are prevalent which means you are able to protect yourself from them. Salmonella is one of these. It is spread through contaminated food with people often developing a fever and experiencing stomach cramps. Another common disease is E.Coli. Although most types at not harmful, there are nasty strains of it. Symptoms can be very unpleasant, including severe abdominal cramps, bloody diarrhoea, and vomiting. Other illnesses that are worth a mention include Campylobacter and Shigella.
You may also have cause make a claim if you were the victim of food poisoning or a food allergy while on holiday in the Balearic Islands. Food poisoning is something that a lot of British tourists experience when they go abroad. There are a number of different ways you could experience food poisoning an example being because you consumed food that was not been prepared, stored, or cooked properly. It could also be because you ate food that was left out for too long – this can often happen in hotels serving buffets. In most cases, food poisoning only lasts a couple of days, however, there have been individuals who suffered life-threatening bouts of the illness. When it comes to food allergies, you may be able to claim if you believe someone was at fault for not giving you the correct information. For example, if you bought a pre-packaged sandwich on your flight and there was no allergen information on the front, you may have grounds to seek compensation.
List Of The Baliric Islands
Other Balearic Islands illness and food poisoning claims include those caused because of poor hygiene in a restaurant or hotel. When we go to a hotel and/or a restaurant, we expect the highest hygiene standards. While most companies deliver this, unfortunately a few hotels and restaurants let the industry down. If you had the misfortune of staying or eating in such an establishment, and you fell ill, you could be entitled to seek compensation from the third party responsible.
When making a claim for road traffic accident compensation, the most important thing you must do is show that someone else caused the car accident you were involved in. Perhaps they were talking on their phone while driving? Maybe they were going too fast? Or, perhaps they were simply careless? To secure compensation, showing that they made the error or acted negligently is essential.
If you are able to prove this, you could seek compensation from the third party. But, what can you actually claim for? You could claim for your injuries and out of pocket expenses. However, you could also claim for any other costs you had to bear because of the crash and the injuries you sustained which could include the following:
- Loss of your usual income
- Treatment expenses
- Prescription costs
- Costs for counselling
- Travel costs
- Costs for adapting your accommodation
- Hospital parking tickets
- Childcare expenses
You would need to have proof of these expenses if you want to claim them. As such, it is essential that you keep hold of your receipts . Aside from these, there are other things you could do to improve the chances of your case being a success which includes the following:
- Take photos of the scene.
- Take photos of your damaged vehicle
- Take photos of your injuries
- Make a note of what happened.
- Get witness contact details
- Get the contact details of the person that caused the accident
- Get in touch with a No Win, No Fee solicitor in the UK
Aside from the accidents and injuries mentioned above, you could also make a claim if you were injured due to poor hotel maintenance. There are many different ways that poor hotel maintenance can manifest itself. For example, you could suffer an injury because of broken furniture in the hotel room. You may also suffer an injury because of poor swimming pool maintenance due to a lack of cleaning or poor maintenance around the pool namely cracked tiles. Other injuries caused by poor hotel maintenance include those sustained due to faulty gym equipment, as well as general poor hotel upkeep around the grounds.
There are many other types of accidents and injuries that could happen on holiday in the Balearic Islands. Whether you had a minor or serious injury, you may be able to file a personal injury claim against at third party. As mentioned earlier, it is all about proving that someone else could be liable. Other accidents and injuries you could claim for include those that occurred during your flight, as well as incidents while on tours, excursions and such like. You could also make a claim if you purchased a product while in Spain and as a consequence, you suffered some type of injury.
Many people assume that making a claim would be a lot more complex if they have an accident on a package holiday in the Balearic Islands. However, this could not be further from the truth. Regulations have been set in place which means you could have grounds to seek compensation from your tour provider, rather than having to go through the complex process of making a claim against the local company a travel firm outsourced to.
No matter what happened, if someone else caused your suffering, it could entitle you to seek compensation from them. However, the best thing to do is get in touch with a personal injury lawyer in the UK who would offer you No Win No Fee terms once they determine you have a strong case against a third party.
The best way to find an experienced personal injury lawyer to act on your behalf is to carry out a little research first. This could include establishing the following:
- Does the solicitor boast a lot of experience – many personal injury victims are tempted to go for solicitors who are just starting out because they tend to offer lower rates. However, this could end up costing you a lot more in the long run, and because you do not get a second chance to make a claim you certainly do not want to take a chance on a solicitor who is unproven. Instead, you should choose a personal injury lawyer who has been working in the industry for several years and who has the necessary legal expertise to handle personal injury claims involving accidents abroad
- Check out reviews – reading reviews left by previous clients to see what they have to say about the service they experienced and whether they would recommend it, is essential
- Choose a personal injury solicitor who offers No Win No Fee terms – you should choose a No Win, No Fee solicitor, as this means you will only need to pay legal fees if your case is a success, if you lose your case, there would not be anything to pay for the legal services you received
It is impossible to say how much compensation you may be awarded because every case is different. You may have used a personal injury claims calculator online, yet these tools are often inaccurate, so do not pin your hopes on whatever figure has been presented. In the table below, you can see some of the average amounts awarded in compensation, as provided by the Judicial College claims guide. This should help to give you a good understanding of how much you may receive.
|Severe back injuries||£79,890 - £141,150|
|Trivial facial scars||£1,500 - £3,090|
|3-month neck injury||Up to £2,150|
|Amputation of both feet||£148,540 - £176,660|
|Serious shoulder dislocation||£11,20 - £16,830|
|Amputation of one leg below the knee||£85,910 - £116,260|
|Severe knee injuries||£61,140 - £84,360|
It is important to know that compensation is split up into two parts. Firstly you have general damages. This is the money you would receive to compensate you for the injury which is calculated by taking into account the type of injury, the severity of it and the impact it is having on your life.
Aside from this, you have special damages. This compensates you for any expenses you might have encountered directly as a result of the injury. This could be anything from loss of income to medical costs.
The NHS on Accidents in Spain – You may find some relevant information from the NHS here.
Legal Expert Spain – This guide covers everything you need to know about getting a solicitor for this type of claim.
Edited Honey 25/1/20