BCVLex obtains compensation for a tourist injured in Punta Cana.
A recent case handled by BCVLex highlights the importance of specialist legal advice in the event of accidents during international travel.
The firm successfully represented a client who suffered an injury during his stay at a resort in Punta Cana, obtaining compensation of 7,000 euros after an intense claim against the tour operator.
The facts
The customer, a man who had booked his stay in Punta Cana through a Spanish travel agency, had an accident while walking on a path linking the beach to the rest of the hotel complex. During the journey, he stabbed himself with a splinter of wood. Although he first went to the resort’s medical centre, the doctor was unable to remove the splinter and referred him to a nearby hospital.
At the hospital, a fragment of wood was extracted, the wound bandaged and antibiotics prescribed before he was sent back to the hotel. However, the insurance company decided that repatriation was not necessary, arguing that the injury was not serious enough. In the days that followed, the client had to return to hospital twice due to persistent pain and the visible aggravation of the wound.
Back in Spain a few days later, where our customer lives, he was admitted to hospital as an emergency patient. The doctors removed a second fragment of wood and a blue plastic object that had remained embedded in the wound. The man was hospitalised for several days to receive appropriate treatment.
The accident not only affected the customer’s health, but also had major economic repercussions. His holiday, planned to be spent with his family, was completely ruined. His partner and young daughter had to rent a hotel room near the hospital in Spain to accompany him during his hospitalisation. In addition, the client had to cover a large number of medical expenses in Punta Cana and in Spain, and suffered a work stoppage that further complicated his financial situation.
Initially, the resort offered three free nights as compensation, an offer that the customer felt was insufficient in view of the damage he had suffered.
Resolution of the case
The BCVLex team of lawyers acted on behalf of the client, initiating a formal claim against the tour operator responsible for organising the trip.
- The strategy included
- Gathering medical evidence in Punta Cana and Spain
- Demonstrating that the hotel complex was responsible for the accident, due to a lack of proper maintenance of its facilities.
- Negotiating with the tour operator responsible for organising the trip.
Thanks to BCVLex’s efforts, the tour operator agreed to a settlement that resulted in compensation of 7,000 euros for our client, covering medical expenses, physical damage and the emotional impact suffered.
How do I make a claim in the event of an accident abroad?
In the event of an accident occurring outside Spain, it is essential that the trip was booked through a Spanish travel agency in order to be able to make claims from Spain. It is also strongly recommended that you make a formal claim on the spot on the day of the accident to the hotel, resort or entity responsible, leaving a written record of the facts. This will make it easier to deal with the claim later and will serve as proof in the event of a dispute.
It is also important to keep all documentation relating to the trip and the accident, such as contracts, invoices, medical reports and photographs of the scene of the incident. Calling on a specialist firm such as BCVLex can make all the difference in obtaining fair compensation and resolving the case effectively.
The lawyers at BCVLex are once again demonstrating their expertise in managing international affairs, offering a comprehensive and professional service to clients in complex situations such as this. Please do not hesitate to contact us for a no-obligation quote.
