R&A Injury lawyers in Palma de Mallorca
Did you had an injury / body damage in Mallorca? Our lawyers will help you
In 2015 the calculation of the compensations because of an injury accident sufered and a body damage has changed importantly. It had appeared 3 rating tables to valorate sequels and the consequences of the injuries. We are goint to try to explain them with examples.
As lawyers we have 3 rating tables to valorate injury
INDEMNIFICABLE DAMAGES FOR DEATH (TABLE 1)
We will explain better with an Example:
The relatives of the deceased are:
– Father
– Mother
– Sister: 29 years old date of the accident
BASIC PERSONAL INJURY. T1A (Page 84516)
– Father. Category 2. € 40,000
– Mother. Category 2. € 40,000
– Sister. Category 4. € 20,000
Sum: € 100,000
PARTICULAR PERSONAL INJURY. T1B (Page 84517)
Coexistence of the injured party with the victim.
To each parent, if the deceased child was over 30 years old.
– Father. € 30,000
– Mother. € 30,000
Sum: € 60,000
The only injured person in his category +25%
– Sister. € 5,000
PATRIMONIAL INJURY. T1C
DAMAGES
Basic property damage
– Father. € 400
– Mother. € 400
– Sister. € 400
Specific Expenses
Expenses of moving the deceased, burial, funeral and repatriation
LOST PROFIT TABLES
-THE PARENT Table 1.C.3
-SISTER Table 1.C.4.
INDEMNIFICABLE DAMAGES FOR SEQUELS (TABLE 2)
BASIC PERSONAL INJURY. T2A
TABLE T2A1
PRESENTS AS SEQUELS.
EXAMPLE:
– Tongue amputation – 50% code 02057 (5 – 20 points)
We consider 10 points.
-Retractable scar of the tongue
that prevents you from talking, eating, code 02058 (1 – 5 points)
alteration of touch. We consider 4 points.
-Paresis of the unilateral spinal nerve code 01068 (10 – 20 points)
We consider 15 points.
– We carry out the Balthazar formula, ordering the anatomical-functional sequelae from highest to lowest, these being: 15, 10, 4.
Giving a result of 28 points.
-Moderate cosmetic damage (minor damage evident to the subject and the expert)
We consider 12 points.
TABLE 2.A.2:
I calculate according to
MAKE CALCULATION OF THE POINTS IN SEQUELS
PARTICULAR PERSONAL INJURY. T2B
PARTICULAR DAMAGES
Complementary non-pecuniary damages for psychophysical damage
When a single sequel reaches at least 60 points or the result of the concurrent ones reaches at least 80 points. From € 19,200 to € 96,000
Complementary non-pecuniary damages for aesthetic damage
When it reaches at least 36 points From € 9,600 to € 48,000
Moral damage due to loss of quality of life caused by the aftermath
Very Serious From € 90,000 to € 150,000
Serious From € 40,000 to € 100,000
Moderate From € 10,000 to € 50,000
Minor From € 1,500 to € 15,000
Non-pecuniary damage due to loss of quality of life of the relatives of the seriously injured From € 30,000 to € 145,000
Loss of fetus as a result of the accident
If the loss occurred in the first 12 weeks of gestation € 15,000
If the loss took place after 12 weeks of gestation € 30,000
Exceptional Loss
PATRIMONIAL INJURY. T2C
Expenses for future healthcare, prosthetics and orthotics, and home and outpatient rehabilitation
- Foreseeable future healthcare expenses according to sequel Table 2.C.1
- Prosthesis and orthotics Up to € 50,000 per replacement
- Home and outpatient rehabilitation
Chronic vegetative states and tetraplegia equal to or above C-4 Up to € 13,500 per year
Quadriplegia, severe tetraparesis, severe language sequelae and severe neuropsychological disorders Up to € 9,500 per year
Rest of the cases of article 116.4 Up to € 5,850 per year
Expenses for loss of personal autonomy
- Technical assistance Up to € 150,000
- Home adaptation Up to € 150,000
- Increase in mobility costs Up to € 60,000
- Third-party help
Table of home help hours according to sequel Table 2.C.2
Table of compensation for third-party assistance Table 2.C.3
LOST PROFIT TABLES
Due to inability to perform any job or professional activity of art. 129 a) (absolute) Table 2.c.4
Due to inability to carry out their work or professional activity of art. 129 b) (total) Table 2.c.5
Due to disability that gives rise to a partial decrease in income in the exercise of their work or habitual activity of art. 129 c) (partial) Table 2.c.6
Due to the absolute incapacity of the injured person pending access to the labor market of art. 130 c) Table 2.c.7
Due to total disability of the injured person pending access to the labor market of art. 130 d) Table 2.c.8
INDEMNIFICABLE DAMAGES FOR TEMPORARY INJURIES (TABLE 3)
BASIC PERSONAL INJURY. T3A AND PARTICULAR PERSONAL INJURY. T3B
Table 3.A Basic Personal Injury
Compensation per day € 3
Table 3.B Particular Personal Injury Due to temporary loss of quality of life
Compensation per day (includes compensation for basic injury)
Very Serious € 100
Serious € 75
Moderate € 52
For each surgical intervention From € 400 to € 1,600
Table 3.C Property Loss
Health care expenses your amount
Miscellaneous expenses compensable their amount
Loss of profit its amount
HOW TO ASSESS?
Treatment days assessment formula. We have temporary injuries that the injured person suffers from the moment the injury begins until the end of the healing process or until the stabilization of the injury (aftermath) on healing days.
Basic personal injury. These are the days that, due to the effects of the injury and its treatment, prevent marginal aspects of the usual activity, the injuries limit but do not make it impossible to carry out the main tasks of this activity or habitual occupation.
Particular prejudice. The time invested in curative and rehabilitative treatment.
– Moderate The injured temporarily loses the possibility of carrying out a relevant part of their specific personal development activities. (The days the injured is off work.
– Serious, it implies that during those days the injured person will lose It was a relevant part of your essential activities (the days that the injured is hospitalized).
– Very serious. During this period, the injured person lacks the autonomy to carry out almost all of the essential activities of ordinary life. (The days that the injured person remains in the ICU).
EXAMPLES:
– Basic personal injury.
See clinical history (folder I)
– Placement of inlay 07.27.16
– Day of the operation 12.17.16.
– From 07.27.16 to 12.17.16 Total: 143 days
– Moderate personal injury.
See clinical history (folder I)
-From the operation 12.17.16 to 12.31.16 Total: 14 days
-From 01.01.17 until his discharge. 22.07.17 Total: 202 days
– Moderate serious personal injury.
See clinical history (folder V)
– 1 day in the ICU (17.12.16) Total: 1 day
– Serious personal injury.
See clinical history (folder VI)
-5 days in the hospital (17.12.16 to 22.12.16)
– 1 day of ICU admission on 11/23/2016 Total: 6 days
Compensation for each surgical intervention:
€ 400 to € 1,600 depending on the severity of the intervention.
—Compensation for each biopsy (04.10.16 and 23.11.16)
€ 400 each. € 800
—Indemnity for surgical intervention (12/17/16) € 1,600
PATRIMONIAL INJURY. T3C
EXAMPLE:
Health care expenses its amount and various compensable expenses its amount
As a consequence of inappropriate professional acts and the injuries produced, a series of expenses are generated for their treatment and rehabilitation. It includes all the bills accrued for the care and rehabilitation treatment for the injured person who can heal from their injuries.
-Pharmacological expenses.
-Treatment expenses.
-Rehabilitation treatment expenses.
It includes all the invoices accrued for the treatment; Expenses (folder VI)
-Physiotherapy (3 sessions) € 120
-Physiotherapy (3 sessions) € 120
-Return of the paid treatment
and unrealized € 2,981.10
Total: € 3,735.85
Since 1993 we have been helping victims of traffic accidents to obtain the best compensation.