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Legal 500 (2016)

Road Traffic Accident in Spain

Claim for British tourist after RTA in Tenerife
A British tourist was on holiday in Tenerife with her family on 2nd August 2004 when the vehicle she was travelling in was involved in an accident at a road junction with a vehicle travelling in the opposite direction. The Claimant was a passenger in a hire car and the vehicle they collided with was driven by a Spanish national. As a result of the accident, the Claimant sustained a mild head injury, unstable fracture of her neck at level C2/3 with 40% forward subluxation (a hangman’s fracture) and psychological symptoms.

The Claimant was hospitalised in Tenerife where her fracture was stabilised and she was placed in a halo. She returned to the UK where she spent several weeks in hospital. She remained in a halo for four months and has been left with permanent symptoms of constant aching and pain in her neck, pins and needles on the right side of her face, problems swallowing and restricted movement.

Irwin Mitchell were instructed in January 2005 and sought to pursue the claim in England in accordance with English law rather than in Spain.

Following extensive negotiations between Irwin Mitchell Solicitors and the Defendant’s insurers, it was agreed that English law would apply to this road traffic accident claim and settlement was agreed in April 2009 in the sum of £95,000.

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