Usually, as is the case here, you have to prove someone else was at fault. This is not always the case, however. Somewhat unusually, France allows passengers, pedestrians and cyclists to claim for their injuries, even if no-one was at fault.
It is possible in many cases to bring a claim here, even if the accident occurred abroad. The case proceeds in the English jurisdiction and the judgment is filed with the relevant foreign court. There may be a choice of jurisdictions, the choice often depending on levels of compensation, legal costs recovery, liability and other aspects.
Injury Law Case Study
Mr and Mrs S hired a car in Spain. Mr S forgot he had to drive on the right (it’s easily done), resulting in a head on collision with another vehicle. The front seat passenger, Mrs S was very badly injured. In Spain, compensation for injuries tends to be higher than here but may not allow a claim for loss of earnings. She did not work, so brought her claim in Spain. Alternatively, she could have brought her claim here and then enforced the judgment through the Spanish courts, however that would have taken longer and been less advantageous financially.
Injury Law Case Study
Mr T also had a road accident in Spain and brought his claim in England. This was because he had sustained a large loss of earnings. He could claim for loss of earnings here, but not in Spain. This determined his choice of jurisdiction.
Of course, in England the loser pays the winner’s costs, but this is not the case elsewhere. This is also a factor in determining where to bring the claim. Mrs S above had to pay her own legal costs, but the award in Spain was high enough to bear this with no loss to her compared with a claim for a lower sum here, even with legal costs paid on top.
With coach crashes, the same factors will apply. Each case needs to be considered on its merits. Where a number of people are injured in the same accident, they can pursue their claims separately or collectively, in what is known as a class action. Such claims which are brought separately are often consolidated by the Courts anyway.
If you feel you may have a claim or simply require further information, please complete the online questionnaire or alternatively please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or ring us on freephone 08000 815 815.
