injury in spain

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31 Aug 2011 00:00 by jeanp Star rating in plymouth/Mar de Cris.... 5 posts Send private message

Hi i wondered if anyone can give me some advice.My husband and i have our own place in the Murcia area,back in May my husband was attacked (wasnt his fault wrong place at the wrong time) he had to spend a few days in hospital.The person who did this to him was arrested at the time and has been charged and we were told that we would have to go to court.Having never been involved with the spainish court system i would like some information as to what we can expect to happen when we have to go to court and how long we can expect to wait for the hearing date to be set!Any advice would help Thanks





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31 Aug 2011 05:28 by Susanspain Star rating in Mijas, Malaga. 141 posts Send private message

Susanspain´s avatar

Hi,

Sorry to hear about your husbands scrape.

It is obviously a Criminal Matter and unless you are totally fluent in Spanish, I would highly recommend a Civil Lawyer to assit you.

(Infact, you would only go on your own with no representation if you cannot afford it, or it is not 'legally' necessary.  But having been a witness in at least two attacks on a friend, I know that it is better to have someone fight your corner (i.e To at least get the judge awards in your favour.  NB Said friend chose not to have a lawyer present (although he had consulted one), but both cases were dismissed.) See bit below on how financial awards are made:

I 'Think' (I am not an expert, so please consult your advisor/lawyer), if the case goes in your favour, a visit to the court 'Forense' - or Medical Officer may be necessary to dertmine all the paperwork (i.e your testemony and any evidence - such as hospital report etc), who will then determine the amount your husband would get. Be warned though - they are very tough and even if you were badly injured unless you can prove it (these interviews can take place a year or more after the incident!).... they will be very mean. (I.e I got '7 days off work' - a set fee on a system scale called 'Buletin' for permanant neck and shoulder injuries when I was the passenger in a car that was run off the road by a wreckless driver.  I will not go into details here, but the insurance co, their lawyer, my second choice of lawer etc, etc, all let me down.)

Regarding time scale - depends on how busy your local court is/how serious the matter is considered. (In our local court in Fuengirola there is at least a 6 month backlog -so 'non urgent cases' will not get priority... This said, I think I remember rightly if it is a Criminal matter - the hearing has to be within 6 months of the date of the incident.)

Good luck and let us know how you get on.





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01 Sep 2011 01:57 by jeanp Star rating in plymouth/Mar de Cris.... 5 posts Send private message

Hi thanks for your reply at least i know a little now of what to expect! I think i may contact a lawyer although we were told that as my husband was the victim he wouldnt need one but after reading your message i think it would be better to get some legal help>once again thankyou regards jeanp          





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05 Sep 2011 13:49 by Susanspain Star rating in Mijas, Malaga. 141 posts Send private message

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