Suing For Personal Injury
We see many different cases of people wishing to sue a person or company for personal injury in Spain and this is a brief guide of what to be aware of with those type of cases.
Clients need to be aware they need you need to be able to PROVE that the injury was definitely caused by the other party’s negligence for example.
We also need to know where the incident happen as we cannot act for cases everywhere. It is sometimes very difficult for us to act for cases, such as in the islands for example. Bear in mind that if a case involves Court then a Barrister needs to travel there and there will be costs for time, hotels, travel, expenses etc.
The client needs to consider a few things:
– It is very difficult to prove negligence and as much as evidence as possible is helpful. When it is for example someone knocked off a bicycle by a car it is simpler as there will usually be a police report, medical reports etc.
– Compensation in Spain is based on a points system for the injury, number of days incapacitated plus financial losses, so we need to see the receipts for expenses and any losses by not being able to work for example. Again everything must be proved and be related directly to the injury.
– It may be the case that the customer has complained in writing, by whatsap or by email and we need a copy of those communications.
– When it is an accident such as a slippage on water in a restaurant something as simple as a warning sign can completely alter a case, so it is important to be aware of any issue that may prejudice the case.
– It is not always possible to have photographs, but they form a strong part of possible injury cases, both as evidence of the injury itself but also of the scene.
– Although not always appropriate a police report can also be very important and if someone is injured then a medical report and ongoing reports are essential.
– Sometimes it is useful for us to know if someone was accompanied at the scene of the accident, or if there were any witnesses who could give a statement.
– If it went to Court,although bear in mind witnesses in Court cases will always be responsible for their own costs when they need to come over to Spain for a hearing.
– It is very useful obviously if the hospital reports say what the injury was caused by but this is not essential.
– If they other party have already accepted their negligence then generally the client will have a good case, they may just need help in progressing it.
Depending on the circumstances we can be willing to consider cases on a No Win No Fee basis, which means all expenses will be covered in return for a percentage of the winning sum, but we can only work on this basis for a few cases that are not in the Spanish islands, above a 30,000€ gain and there is no guarantee.
However please email us on email@example.com and we will consider your case and let you know as soon as we can if we can assist. We have helped many people get a proper compensation for their injury.