How to calculate compensation in 2018. Insurance companies reach agreements between them and you may not be offered the compensation you deserve. Calculating the amount you should get is complicated, so we recommend the advice of an external lawyer in order to get the best compensation for the damages suffered.
Scale of compensation for traffic accident in 2018. What is it?
The entry into force of Law 35/2015 of 22 September on reform of the system for the assessment of damages caused to persons in traffic accidents brought important amendments to the Law on civil liability and insurance in the circulation of motor vehicles. Some of them concerning the obligation of the victim to mitigate the damage while maintaining risk as attributive title of civil liability in all cases.
Other important amendments are, as reflected in one of the inspiring principles of the new law, the principle of full compensation for the damage, introducing and appreciating aspects not included in previous scales such as the loss of quality of life.
Another important principle of the system of valuation is the structuring of the damage. This principle highlights the importance and need to assess separately the economic and non-economic damages.
Without forgetting the objectivity in the assessment, i.e., any compensation shall be fixed in accordance with the rules and limits that are set on the system for the assessment of damages.
According to article 34 LRC the cases of death, aftermath, and temporary injuries will be compensable. To quantify these cases, we shall address their corresponding tables, table I, II and III respectively, all of which include basic personal injury repair, personal damages and property damages.
Compensation for injuries are subject the medical scales and the economic scale to determine basic personal injury (ballot system).
In the case of compensation for death the new law sets five categories of the disadvantaged in the event of death: widowed spouse, ascendants, descendants, siblings and the inner circle.
How compensation for traffic accidents is calculated
The most important factors to calculate compensation for traffic accidents are the preventive days, days of hospitalization and temporary disability. These factors determine the profit loss (in the case of preventive day). In other cases, such as for example the aesthetic damage, exceptional circumstances of damages apply, and the scale shall be determined separately.
Whiplash compensation: Cervical sprain
Whiplash injury can be subject to compensation amounting EUR 3,200 if temporary injuries and a total of EUR 4,800 euros if we value the sequel of this lesion, neck pain.
There are other injuries or aftermath subject to compensation such as dorsal and lumbar lash, polytrauma and fractures. All of them may cause temporary disability leading to sequelae of various kinds.
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