Road Traffic Accident on Spanish Motorway get-single-case
In April 2009, our clients were driving through Spain when a truck hit them from behind on the motorway. The vehicle hit and went over the crash barrier, rolling several times before coming to rest upside down.
One of our clients was able to crawl out whilst the other was trapped for up to an hour. Both suffered cuts and bruises, psychiatric injuries and soft tissue injuries to the shoulder, which caused pain and suffering for several years after the accident.
They were able to bring their claims in the English Court with the application of Spanish Law. They had to bring their claims within one year as there is a limitation period of one year in Spain.
A Spanish Lawyer was instructed to advise on the level of damages available under Spanish Law. They recovered £48,000.00 in damages, which is more than they would have been entitled to if English Law had been applied to the assessment of damages, and also more than if they had brought their claim in the Spanish Courts as in Spain, costs are not recoverable and these would have been deducted from their damages.