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Calculation of compensation for a traffic accident

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Calculation of compensation for a traffic accident

Cálculo de una indemnización por accidente de tráfico
Calculation of compensation for a traffic accident

The legal system for calculating the compensation for traffic accidents is established in the latest Scale and establishes three categories of damages: basic damages, particular damages< /strong> and property damages.

Basic damage

Basic damage, is assimilated to medical leave and is calculated taking into account:

  1. days of recovery which, depending on the intensity of the damage, are classified into days of very serious damage, days of serious damage and days of damage moderate
  2. the surgical interventions that have been performed, which are classified into surgical groups based on the nomenclature of the Collegiate Medical Organization
  3. healthcare and travel expenses
  4. bodily or psychological injuries suffered according to the list of injuries; and the loss of earnings, which is based on the employment or professional occupation of the injured party.

Private damage

Particular damage: unlike the previous one, it does not have to be suffered by everyone. It is considered that there has been a temporary loss of quality of life, which includes compensation for basic damage. It is divided into three categories:

  1. Very serious (UCI) the injured party temporarily loses their personal autonomy to carry out almost all the essential activities of ordinary life. Admission to an intensive care unit is considered of this type. Compensation is 100 euros per day.
  2. Serious (hospitalization): the injured party temporarily loses their personal autonomy to carry out a relevant part of the essential activities or most of the specific activities of personal development. This degree can include what is known as home hospitalization in which the injured person is immobilized and even stay at home with outpatient treatment if it involves a loss of autonomy or personal development in the terms expressed. Compensation is 75 euros per day.
  3. Moderate: the injured person temporarily loses the possibility of carrying out a relevant part of their specific personal development activities. Compensation is 52 euros per day.

Patrimonial damage

Patrimonial damage: is subdivided into:

  1. Consequential damage: consequential damage refers to the cost of the necessary repair of the damage caused and the expenses incurred as a result of the damage. A problem arises and that is that this damage must be justified in the context in which the damage has occurred.
  2. Loss of profit: it is configured as the loss of profit or loss of income, as a direct and immediate consequence of an injurious event.

Finally, emphasize that these parameters apply to both compensation for days off and to compensation for sequelae, or where appropriate to relatives and close friends of a who died in a car accident traffic.

We suggest you visit our Accident compensation calculator where you can expand this information by selecting the type of traffic accident you have suffered as well as the injuries sustained.

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