Personal Injury Lawyers

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19 Aug 2019 11:02 by stevevv Star rating in Newcastle. 61 posts Send private message

I was hit by a car while cycling recently and was wondering if anyone can recommend a solicitor they have used?  If so what fees did they charge and how long does the process take? I’m also unsure if using a Spanish or British company is best post Brexit. I have a NIE and Spanish address but live in the UK. 

 

 


This message was last edited by stevevv on 19/08/2019.



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19 Aug 2019 16:11 by Kavanagh Star rating in Oil Drum Lane Newcas.... 618 posts Send private message

Kavanagh´s avatar

Hello Steve

Before you start were or are your injuries worth your time and trouble to make a personal injury claim?

Any claim in a Spanish court is likely to take years and insurance companies know that and milk it to their benefit.

Spanish lawyers are supposed to be regulated but in reality they do and charge what they like. Be careful you don’t become a meal ticket and get lead on with a no hope claim.

British solicitors are fully regulated in the UK.

There is always the no win no fee vultures, but the case needs to be almost a certainty for them to take it on.

Best of luck.



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19 Aug 2019 18:21 by acer Star rating. 1279 posts Send private message

Steve - you don't say where the accident occurred, but I imagine it's Spain.  Unless there is good reason you may struggle to bring an action in the UK court which is likely to be deemed outside it's jurisdiction.  If the defendant is a British national you might have have a case, but you may still find it's a struggle, particularly if they don't have any assets in the UK.

Unless it's a serious injury with long term disability you probably shouldn't bother in Spain.  Their court awards for injury are generally a lot lower than you might expect.  But have a conversation with a lawyer - with proper details. 





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19 Aug 2019 20:02 by johnzx Star rating in Spain. 5101 posts Send private message

Steve.  

In 2014 was the last time I was knocked off my bicycle in spain. I discovered that the insurers for my car, Liberty, included a service which covered my claim for the bike accident.

i also discovered that being retired was not a bar to claiming personal injury damages.  previously it had been. I was thus entitled to so much a day for each of the 32 days I was unable to to ride my bike and do other things which had been normal in my life.  That was of course in addition to my claim for the couple of hundred euros damage to my bike 

I can’t say the insurance company’s lawyer was all that good but I pushed him and got second level, per day allowance.  Thus the 974 euros initial offer was increased to over 74 euros a day, so totalled 2,400 €.  My injuries were not all that severe 

good luck, john 

 

PS Under Spanish law in an accident between a cyclist and a car, spanish law will almost always decide the cyclist was not to blame.  

PPS this info might help https://www.google.co.uk/amp/s/indemnizacionporaccidente.com/dias-impeditivos-y-dias-no-impeditivos/amp/


This message was last edited by johnzx on 19/08/2019.

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19 Aug 2019 20:55 by mariadecastro Star rating in Algeciras (Cadiz). 9194 posts Send private message

Legal Questions? Speak to Maria Direct

If accident happened in Spain, you need to use a Spanish Lawyer as the case is under Spanish Laws and Courts



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20 Aug 2019 07:53 by acer Star rating. 1279 posts Send private message

That is indeed generally the case, but there are exceptions - the practice is known as "court forum shopping". 

This is more relevant to serious injury cases where all the ingredients are favourable.

 





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20 Aug 2019 07:54 by acer Star rating. 1279 posts Send private message

Duplicated

 


This message was last edited by acer on 20/08/2019.



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