Our law firm has specialised in traffic accidents and civil liability for many years and has handled numerous accident-related claims in traffic accidents.
In this article we will tell you how to start a criminal claim for a traffic accident, and how the process will proceed.
The initiation of legal action is fundamental, and we must not forget that in the case of criminal proceedings there is a short period of time, which is 6 months from the time of the accident.
For this reason, the procedure will be initiated by a complaint that must be directed against the driver of the vehicle, the owner, as well as against the vehicle's insurance company. In the event that we do not know any information, we must inform the Court, and in any case we must initiate the corresponding criminal proceedings. From that moment on, and after the corresponding procedure has been carried out, we will be summoned by the forensic doctor who, after an examination, will determine the after-effects that we suffer as a result of the accident. He/she may see us once if we are recovered when we attend the appointment, otherwise, he/she will see us gradually until we are fully recovered.
Once we have recovered, he will issue a report in which he will determine the after-effects that we may have suffered, as well as the days of recovery and incapacity.
Subsequently, we will be summoned to the Criminal Trial, which will normally be held in the Criminal Court of Instruction. In this act we will be able to exercise the civil actions together with the criminal one, or if necessary, and this is important, we can make an express reservation of civil actions.
Once the trial has been held, a sentence will be passed that will determine the possible existence of criminal liability, establishing the civil compensation that corresponds to us as a consequence of the possible criminal offence. The insurance company will be jointly and severally liable for this compensation and will normally be the one to pay it. If there is no insurance, we must take into account the possible liability of the Insurance Compensation Consortium.
The judgement can be appealed on appeal.
Once it is final, it can be enforced.
Do not forget that it is important to have a lawyer specialised in this matter.
G.Elias y Muñoz Abogados specialises in traffic accidents. Call us.
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