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If you have been involved in a traffic accident and are looking for a lawyer to advise you on possible avenues for compensation, it will be essential to find a lawyer with specific experience in traffic accident cases and who is familiar with Law 35/2015. A specialized lawyer will have up-to-date knowledge and understand the details and complexities of the damages assessment system.
A good lawyer will guide you through the different avenues for compensation according to Law 35/2015. This may include claims through the insurance of the responsible party, claims to the Insurance Compensation Consortium in cases of unidentified or uninsured divers, and claims for additional damages if there is extra contractual civil liability.
Within a criminal proceeding, it is common to request both criminal responsibility and civil liability derived from the offense. These are two forms of legal responsibility that are addressed in parallel but with different purposes and consequences.
Criminal responsibility refers to the attribution and conviction of a person for the commission of a crime. In the criminal field, the main objective is to determine the guilt of the accused and apply the corresponding sanctions established by the law, such as custodial sentences, fines, security measures, or other alternative penalties. On the other hand, civil liability derived from the offense refers to the obligation to compensate the damages suffered by the victim as a result of the offense. This involves economic compensation for the damages suffered, which may include medical expenses, loss of income, moral damages, and aesthetic damages, among other compensatory concepts.
In the criminal proceeding, the prosecution may argue both the criminal responsibility of the accused and the civil liability derived from the offense. Criminal responsibility will be decided based on guilt proven beyond a reasonable doubt, while civil liability will be based on the evaluation of the damages suffered and their causal relationship with the offense.
It is important to highlight that criminal responsibility and civil liability are independent of each other. Even if a person is acquitted of criminal charges, they may still be considered civilly liable and be obliged to pay compensation to the victim. Competent courts will evaluate and make separate decisions regarding each type of responsibility within the framework of the criminal proceeding.
Law 35/2015, of September 22nd, is a reform of the system for assessing damages suffered by individuals in traffic accidents in Spain. The main objective of this law is to establish a more equitable and updated legal framework for compensating traffic accident victims.
The most important aspects of this law are:
The principle of objective liability is established, which means that it is not necessary to prove the fault or negligence of the responsible party for the victim to claim compensation. It is sufficient to prove the causal relationship between the accident and the damages suffered.
The law introduces a compensation scale that establishes maximum and minimum amounts for different types of damages suffered by traffic accident victims. The scale is based on factors such as the severity of the injuries, permanent sequelae, degree of disability, age of the victim, and family circumstances, among others.
The compensation scale of Law 35/2015 establishes a system for assessing damages suffered by individuals in traffic accidents in Spain. This scale is used to determine the economic compensations that correspond to traffic accident victims, taking into account various factors and circumstances.
The key aspects of the compensation scale are described below:
Indemnity amounts: The scale establishes a table of indemnity amounts for different types of damages and losses, such as temporary injuries, permanent sequelae, temporary or permanent disability, aesthetic damages, sexual damages, and loss of quality of life. Each concept has an assigned economic value expressed in euros.
Rating systems: The scale uses rating systems to calculate compensations based on the severity of injuries and resulting consequences. These systems are based on points and coefficients that are applied to different compensatory concepts. The higher the number of points, the greater the corresponding compensation will be.
Correction factors: The scale includes correction factors that are applied to basic compensations to account for the specific circumstances of the victim. These factors may include age, degree of disability, family situation, and assistance needs, among others. Their application can increase or decrease the initially established compensation.
Update and retroactivity: The scale establishes an annual update system for compensation amounts to keep them in line with economic evolution. In addition, retroactivity of the law is provided, which means that it applies to cases that occurred before it entered into force, as long as they have not been definitively resolved.
It is important to note that the compensation scale of Law 35/2015 is complex and considers multiple variables to calculate compensations. Each case can be unique and may require a detailed analysis by experts in traffic law and accidents to determine the specific compensation that corresponds to the victim.
Specific compensation is established for cases of a person's death due to a traffic accident. This compensation is divided into different concepts, such as the economic harm suffered by direct family members, moral harm, and personal harm to each family member.
Economic harm: Compensation is provided for the economic harm suffered by the direct family members of the victim. This includes the loss of income that the deceased person's contribution to the family unit represented. The compensation is calculated based on factors such as the victim's age, income, and employment situation.
Moral harm: The moral harm suffered by direct family members, such as grief, suffering, and emotional impact caused by the death, is recognized. Compensation for moral harm is determined based on criteria such as the family relationship, degree of cohabitation, and intensity of grief.
Personal harm to family members: The law also includes compensation for the personal harm suffered by the direct family members of the victim. This may include damages such as loss of emotional relationships, loss of assistance or support, and harm to daily activities. The compensation is assessed based on the circumstances and intensity of the harm.
Calculation of compensation: Law 35/2015 establishes a specific scale to calculate compensation for death. This scale takes into account factors such as the victim's age, family situation, income, and accident circumstances. Based on these elements, a compensatory amount is determined that is tailored to each specific case.
It is important to highlight that compensation for death according to Law 35/2015 does not aim to fully compensate for the loss of a human life, but rather to provide fair economic compensation for direct family members who suffer economic, moral, and personal consequences as a result of the death in a traffic accident.
The law introduces new concepts of compensation, such as aesthetic harm, which compensates for sequelae affecting the victim's physical appearance, and sexual harm, which compensates for alterations in the sexual sphere.
The law establishes maximum deadlines for resolving compensation claims and sets mechanisms to expedite the process, such as the possibility of offering provisional compensations to victims who suffer serious injuries.
These are the main highlights of Law 35/2015, which seeks to guarantee fair and adequate compensation for traffic accident victims in Spain.
In conclusion, Law 35/2015 represents a significant advancement in the evaluation system for damages and harm caused to individuals in traffic accidents in Spain. It establishes a compensation scale that seeks to guarantee fair and adequate compensation to victims, considering factors such as the severity of the injuries and individual circumstances. Furthermore, within a criminal procedure, both criminal responsibility and civil liability derived from the offense are sought, recognizing the importance of repairing the damages caused to the victim. It is essential to seek the advice of specialized professionals to understand and exercise the rights established by this law, ensuring adequate protection for traffic accident victims.
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