Traffic accidents. Compensation for Injuries
Lawyers Traffic Accidents in Madrid
Compensation in traffic accidents
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The revised text of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles, approved by Royal Legislative Decree 8/2004, of 29 October, establishes that annually, with effect from 1 January of each year, the compensation amounts included in the system for the valuation of damages and losses caused to persons in traffic accidents must be updated and, failing that, they will be automatically updated by the percentage of the general consumer price index corresponding to the immediately preceding calendar year.
For this reason, a resolution is published annually establishing the amounts of compensation for death, permanent injury and temporary disability that will result from applying the system for the valuation of damages and losses caused to persons in traffic accidents in each financial year.
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For the 2011 financial year, according to the Resolution of 20 January 2011, of the Directorate General of Insurance and Pension Funds, which publishes the amounts of compensation for death, permanent injury and temporary disability that will result from applying the system for the valuation of damages caused to persons in traffic accidents during 2011 in accordance with the following:
| Injured parties/beneficiaries (1) of the compensation (by excluding groups) | Age of the victim | ||
|---|---|---|---|
| Up to 65 years - euros | From 66 to 80 years old - euros | Over 80 years old - euros | |
| Group I | |||
| Victim with spouse (2) | |||
| To the spouse | 115.035,21 | 86.276,40 | 57.517,60 |
| To each younger child | 47.931,33 | 47.931,33 | 47.931,33 |
| To each older child: | |||
| If under 25 years of age | 19.172,54 | 19.172,54 | 7.189,70 |
| If over 25 years of age | 9.586,26 | 9.586,26 | 4.793,14 |
| To each parent with or without cohabitation with the victim | 9.586,26 | 9.586,26 | - |
| To each orphaned minor sibling dependent on the victim | 47.931,33 | 47.931,33 | - |
| Group II | |||
| Victim without a spouse (3) and with minor children | |||
| Only one child | 172.552,79 | 172.552,79 | 172.552,79 |
| Only one child of a legally separated victim | 134.207,73 | 134.207,73 | 134.207,73 |
| For each additional minor child (4) | 47.931,33 | 47.931,33 | 47.931,33 |
| For each older child with minor children | 19.172,54 | 19.172,54 | 7.189,70 |
| To each parent with or without cohabitation with the victim | 9.586,26 | 9.586,26 | - |
| To each orphaned minor sibling dependent on the victim | 47.931,33 | 47.931,33 | - |
| Group III | |||
| Victim without a spouse (3) and with all her older children | |||
| III.1 Up to 25 years of age: | |||
| To one child | 124.621,47 | 124.621,47 | 71.897,00 |
| For one child of a legally separated victim | 95.862,67 | 95.862,67 | 57.517,60 |
| For each other child under 25 years of age (4) | 28.758,80 | 28.758,80 | 14.379,40 |
| For each child over 25 years of age with children under 25 years of age | 9.586,26 | 9.586,26 | 4.793,14 |
| To each parent with or without cohabitation with the victim | 9.586,26 | 9.586,26 | - |
| To each orphaned minor sibling dependent on the victim | 47.931,33 | 47.931,33 | - |
| III.2 Over 25 years of age: | |||
| To one child | 57.517,60 | 57.517,60 | 38.345,07 |
| For each other child over 25 years of age plus (4) | 9.586,26 | 9.586,26 | 4.793,14 |
| To each parent with or without cohabitation with the victim | 9.586,26 | 9.586,26 | - |
| To each orphaned and dependent younger sibling of the victim | 47.931,33 | 47.931,33 | - |
| Group IV | |||
| Victim with no spouse (3) and no children and with ascendants | |||
| Parents (5): | |||
| Cohabiting with the victim | 105.448,93 | 76.690,12 | - |
| Not cohabiting with the victim | 76.690,12 | 57.517,60 | - |
| Grandparent without parents (6): | |||
| To each | 28.758,80 | - | - |
| To each minor sibling cohabiting with the victim in the two cases above | 19.172,54 | - | - |
| Group V | |||
| Victim with siblings only | |||
| V.1 With siblings under 25 years of age: | |||
| To one sibling only | 76.690,12 | 57.517,60 | 38.345,07 |
| For each other sibling under 25 years of age (7) | 19.172,54 | 19.172,54 | 9.586,26 |
| For each sibling over 25 years of age with siblings under 25 years of age | 9.586,26 | 9.586,26 | 9.586,26 |
| V.2 Without siblings under 25 years of age: | |||
| For a single sibling | 47.931,33 | 28.758,80 | 19.172,54 |
| For each other sibling (7) | 9.586,26 | 9.586,26 | 9.586,26 |
(1) In general:
- (a) In the case of children, adopted children shall also be included.
- (b) Where different amounts are fixed according to the age of the injured party or beneficiary, the age of the injured party or beneficiary at the date of the victim's accident shall apply.
(2) Spouse not legally separated at the time of the accident.
Consolidated de facto marital unions shall be assimilated to legal situations.
(3) Legal separation and divorce shall be treated as equivalent to the absence of a spouse. However, if the separated or divorced spouse is entitled to the pension provided for in Article 97 of the Civil Code, he/she shall be entitled to an allowance equal to 50% of those fixed for the spouse in Group I.
In cases of concurrence with de facto marital unions or, as the case may be, of the former or the latter with spouses who are not legally separated, the compensation fixed for the spouse in group I shall be distributed among the concurrent partners in proportion to the amount that would have corresponded to them had there been no concurrence.
(4) The total amount of compensation due according to the number of children shall be apportioned equally between them.
(5) If there is a cohabiting child and a non-cohabiting child, 50 per cent of the amount of the respective amount shall be allocated to each of them.
(6) The total amount of compensation shall be divided 50/50 between the paternal and maternal grandparents.
(7) The total amount of compensation due according to the number of siblings shall be divided equally between them.
| Description | Increase (in percent or in euros) | Percentage of reduction |
|---|---|---|
| Economic loss | ||
| Annual net income of the victim from personal work: | ||
| Up 28.758,81 euros (1) | Up to 10. | - |
| From 28.758,82 to 57.517,60 euros | From 11 to 25. | - |
| From 57.517,61 to 95.862,67 euros | From 26 to 50. | - |
| More than de 95.862,67 euros | From 51 to 75. | - |
| Special family circumstances | ||
| Severe physical or mental disability (prior to the accident) of the injured party/beneficiary: | ||
| If spouse or minor child | From 75 to 100 (2). | - |
| If an older child under 25 years of age | From 50 to 75 (2). | - |
| Any other injured party/beneficiary | From 25 to 50 (2). | - |
| Victim who is an only child | ||
| If minor | From 30 to 50. | - |
| If older, less than 25 years of age | From 20 to 40. | - |
| If older, with more than 25 years of age | From 10 to 25. | - |
| Death of both parents in the accident | ||
| With minor children | From 75 to 100 (3). | - |
| Without minor children: | ||
| With children under 25 years of age | From 25 to 75 (3). | - |
| Without children under 25 years of age | From 10 to 25 (3). | - |
| Pregnant victim with loss of foetus as a result of the accident. | ||
| If the unborn child was the first child: | ||
| Up to the third month of pregnancy | 14.379,40 | - |
| From the third month onwards | 38.345,07 | - |
| If the child conceived is the second or subsequent children: | ||
| Up to the third month | 9.586,26 | - |
| From the third month onwards | 19.172,54 | - |
| Corrective factors in point 1.7 of this Annex | Up to75 |
(1) Any victim of working age shall be included in this paragraph, even if no income is justified.
(2) On the compensation payable to the disabled beneficiary.
(3) On the basic compensation payable to each injured party.
Point values in euro
| Points | Up to 20 years - Euros 2014 | 21 to 40 years - Euros 2014 | 41 to 55 years - Euros 2014 | 56 to 65 years - Euros 2014 | Over 65 years - Euros 2014 |
|---|---|---|---|---|---|
| 1 | 852,40 | 789,14 | 725,87 | 668,23 | 598,10 |
| 2 | 878,70 | 811,68 | 744,65 | 686,72 | 607,58 |
| 3 | 902,31 | 831,85 | 761,35 | 703,23 | 617,15 |
| 4 | 923,24 | 849,61 | 775,94 | 717,76 | 622,33 |
| 5 | 941,48 | 864,98 | 788,45 | 730,29 | 627,63 |
| 6 | 957,04 | 877,97 | 798,88 | 740,83 | 631,54 |
| 7 | 977,61 | 895,63 | 813,61 | 755,32 | 639,08 |
| 8 | 996,14 | 911,50 | 826,79 | 768,34 | 645,58 |
| 9 | 1.012,70 | 925,56 | 838,40 | 779,84 | 651,02 |
| 10-14 | 1.027,22 | 937,83 | 848,45 | 789,87 | 655,44 |
| 15-19 | 1.207,26 | 1.105,04 | 1.002,79 | 929,98 | 731,43 |
| 20-24 | 1.372,62 | 1.258,60 | 1.144,58 | 1.058,69 | 800,84 |
| 25-29 | 1.537,65 | 1.411,75 | 1.285,88 | 1.187,07 | 871,72 |
| 30-34 | 1.692,14 | 1.555,16 | 1.418,18 | 1.307,27 | 937,85 |
| 35-39 | 1.836,34 | 1.689,03 | 1.541,71 | 1.419,51 | 999,37 |
| 40-44 | 1.970,56 | 1.813,64 | 1.656,73 | 1.523,94 | 1.056,42 |
| 45-49 | 2.095,03 | 1.929,22 | 1.763,42 | 1.620,80 | 1.109,08 |
| 50-54 | 2.210,03 | 2.036,02 | 1.862,01 | 1.710,32 | 1.157,46 |
| 55-59 | 2.363,03 | 2.177,79 | 1.992,55 | 1.829,20 | 1.226,25 |
| 60-64 | 2.513,02 | 2.316,79 | 2.120,56 | 1.945,76 | 1.293,65 |
| 65-69 | 2.660,10 | 2.453,07 | 2.246,05 | 2.060,05 | 1.359,76 |
| 70-74 | 2.804,28 | 2.586,67 | 2.369,09 | 2.172,09 | 1.424,55 |
| 75-79 | 2.945,61 | 2.717,65 | 2.489,71 | 2.281,94 | 1.488,07 |
| 80-84 | 3.084,20 | 2.846,06 | 2.607,95 | 2.389,65 | 1.550,36 |
| 85-89 | 3.220,04 | 2.971,97 | 2.723,90 | 2.495,20 | 1.611,43 |
| 90-99 | 3.353,26 | 3.095,41 | 2.837,55 | 2.598,72 | 1.671,30 |
| 100 | 3.483,84 | 3.216,41 | 2.948,98 | 2.700,25 | 1.729,99 |
| Description | Increase (in percent or in euros) | Percentage of decrease |
|---|---|---|
| Economic loss | ||
| Net income of the victim from personal work: | ||
| Up to 28.758,81 euros (1) | Up to 10. | - |
| From 28.758,82 to 57.517,60 euros | From 11 to 25. | - |
| From 57.517,61 to 95.862,67 euros | From 26 to 50. | - |
| More than 95.862,67 euros | From 51 to 75. | - |
| Additional non-material damages | ||
| They will be understood to be caused when a single sequela exceeds 75 points or the concurrent ones exceed 90 points. Only in these cases will be applicable | Up to 95.862,67. | - |
| Permanent injuries that constitute an incapacity for the victim's usual occupation or activity. | ||
| Partial permanent: | ||
| With permanent sequelae that partially limit the habitual occupation or activity, without preventing the performance of the fundamental tasks of the same | Up to 19.172,54. | - |
| Permanent total: | ||
| With permanent sequelae that totally prevent the performance of the tasks of the incapacitated person's usual occupation or activity | From 19.172,55 to 95.862,67. | - |
| Absolute permanent: | ||
| With sequelae that disable the disabled person from carrying out any occupation or activity | From 95.862,68 to 191.725,34. | - |
| Major invalids | ||
| People affected with permanent sequelae that require the help of other people to carry out the most essential activities of daily life, such as dressing, moving around, eating or similar (tetraplegia, paraplegia, states of coma or chronic vegetative states, important neurological or neuropsychiatric sequelae with serious mental or psychic alterations, complete blindness, etc.): | ||
| Need for help from another person: | ||
| Taking into account the victim's age and degree of incapacity to carry out the most essential activities of life. The cost of care in cases of coma vigil or chronic vegetative states is assimilated to this benefit | Up to 383.450,65. | - |
| Adaptation of the home | ||
| Depending on the characteristics of the home and the circumstances of the disabled person, according to their needs | Up to 95.862,67. | - |
| Moral damages for relatives: | ||
| Intended for relatives close to the incapacitated person in view of the substantial alteration of life and cohabitation derived from the care and continuous attention, according to circumstances | Up to 143.794,00. | - |
| Pregnant woman with loss of foetus as a result of the accident (2) | ||
| If the conceived was the first child: | ||
| Up to the third month of pregnancy | Up to 14.379,41. | - |
| From the third month of pregnancy | Up to 38.345,07. | - |
| If the child conceived is the second or subsequent children: | ||
| Up to the third month of pregnancy | Hasta 9.586,26. | - |
| From the third month of pregnancy | Hasta 19.172,54. | - |
| Corrective elements of section 1.7 of this Annex | According to circumstances. | According to circumstances. |
| Adaptation of the person's own vehicle | ||
| According to the characteristics of the vehicle and the circumstances of the permanently disabled person, depending on their needs | Up to 28.758,80. | - |
(1) Any victim of working age will be included in this section, even if no income is justified.
(2) This compensation shall be payable even if the pregnant woman has not been injured.
A. Basic compensation (including moral damages):
| Day of sick leave | Daily allowance - Euro |
|---|---|
| During hospital stay | 71,84 |
| Without hospital stay: | |
| Taxable (1) | 58,41 |
| Non-impeding | 31,43 |
(1) A day of sick leave is understood to be one in which the victim is unable to carry out their usual occupation or activity.
B. Correction factors:
| Description | Percentage increase | Percentage decrease |
|---|---|---|
| Economic loss | ||
| Annual net income of the victim from personal work: | ||
| Up to 28.758,81 euros | Up to 10. | - |
| From 28.758,82 to 57.517,60 euros | From 11 to 25. | - |
| From 57.517,61 to 95.862,67 euros | From 26 to 50. | - |
| More than 95.862,67 euros | From 51 to 75. | - |
| Corrective elements of decrease of paragraph 1.7 of this Annex | - | Up to 75. |