Traffic accident claims in Spain and abroad
Irwin Mitchell Abogados offers victims and injured in traffic accidents, a team of professionals specialized in judicial and extrajudicial claims for damages or injuries resulting from motor vehicle traffic in Spain and internationally.
Integrated advice to our clients in all types of claims, from the study of compensation for injuries and damages to the realization of claims to insurance companies and the bringing of proceedings if this is necessary.
Will also have a large group of highly skilled professionals (engineers, architects, doctors) who work regularly with us in order to substantiate the technical aspects of our claims with expert reports issued by recognized professionals.
Irwin Mitchell Abogados also has a dedicated team of professionals who can advise on all types of claims resulting from accidents abroad. Working with our extensive network of distributed worldwide lawyers can advise on your claim abroad.
In this regard we note that under the latter interpretation by the European Court of Justice in Case v Jack Odenbreit FBTO of December 13, 2007, victims of an accident in another European country other than their place of residence, have the opportunity to take legal action both in the country where the damage occurred as the country where the victim has his permanent address. Choice of forum that allows the victim to apply to opt for that jurisdiction whose laws favor it when filing your claim and calculate compensation.
Subsequently, Regulation (EC) No 864/2007 July 11, 2007, commonly known as Rome II, Article 4.1 states the general rule that the law applicable to contractual obligations arising out of a harmful event is the country’s where the damage occurred.
It is therefore important that victims of accidents abroad, received legal advice that covers all the possibilities of filing a claim for damages. This should include the possibility to sue in Spanish courts to a third party responsible and / or insurer applying the law of the country where the accident occurred if it can be more beneficial to the victim.
For citizens resident in Spain who have an accident in the United Kingdom, could therefore provide circumstances in which compensation was claimed by the Spanish courts and quantified according to the compensation of that country if it be more favorable.
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Tags: claims in Spain, injured in traffic accidents, Spain and abroad, work accident claims
Accident Insurance | Aaron Ehasz, 18 Nov 11