1. How does the Spanish compensation system for personal injury claims work?
In Spain the amount of compensation payable for a personal injury claim resulting from a road traffic accident is calculated in accordance with a strict scale system. These scales are also used as a guide for claims resulting from other types of accident. The assessment of compensation is based on three main points:-
1. Period of Hospitalisation
This is the number of days a victim has had to spend in hospital as a result of the accident, and a set amount is awarded for each day.
2. Period of Incapacity
This period is divided into ‘total incapacity’ – the time during which the victim is unable to carry out any of their usual day to day activities; and ‘partial incapacity’ – the time during which the victim is able to carry out usual day to day activities, but is still receiving medical treatment. Again, a fixed sum is awarded for each day of total incapacity and for each day of partial incapacity.
3. Permanent Symptoms
These are any permanent symptoms that the victim is left with as a result of the accident, after the period of partial incapacity and when medical treatment has finished. Points are awarded depending on the severity of these symptoms, and each point has a monetary value.