Compensation for death in an accident deals with very delicate situations and involves large amounts of money.
The General Director of Traffic presented the balance of road accidents for the year 2022, resulting 1,145 fatal accidents. The loss of a loved one in a traffic accident is extremely painful. For this reason, from Accident Lawyer we offer our support and legal advice to the injured. If you need to hire a Traffic Accident Lawyer, count on us.
Here you will find a preview of what a lawyer will inform you to know what compensation for death in an accident corresponds to the injured party. This is almost always relative/s of the deceased. It is important to know the new Law 35/2015 of September 22, reforming the system for the assessment of damages caused to people in traffic accidents. With this measure, this part of the compensation for death in an accident will economically favor and, consequently, protect the victims.
The greatest novelty is the restructuring of the basic personal damage of compensation due to death and its relationship with private damages. There is also an improvement in the recognition of lost profits and expanded moral damage. The corrective factor of the previous law is now located in the particular damages. Even the new valuation system creates a third level of individualization “singular or exceptional damages” that compensate for relevant damages caused by exceptional circumstances.
More news: property damage is the third axis that They will guarantee basic money and expenses such as the transfer of the deceased, repatriation, burial and funeral. Lost income is the net loss suffered by a person who is financially dependent on the victim’s income. Now it is not only victims who earn a living from their own work, but also those who are unemployed and those who devote their sole or partial housework to the family unit. part
To assess the damages of each of the injured parties, the new law establishes tables that reflect the values of compensation:
- Table 1.A. establishes the amount of basic personal injury.
- Table 1.B. establishes the amounts of particular and exceptional personal damages.
- Table 1.C. which establishes the amounts of property damages “consequential damages and loss of profits.”
Compensation for death in a traffic accident: compensation values
TABLE 1.A.: BASIC PERSONAL INJURY
It is the first damage and loss that comes from a death due to a traffic accident. Any spouse, child, parent, brother, or relative suffers common harm as a result of the death of the victim in a traffic accident, and this is defined as such.
Who are the harmed?
Non-separated widowed spouse legally receives a fixed amount up to fifteen years of cohabitation depending on the age group of the victim. The same thing happens if those who constitute de facto couple and get married the years of said coexistence are added to those of marriage.
It is important to know that de facto separation and the presentation of the petition for annulment, separation or divorce are equivalent to legal separation.
Table 1.A. establishes that the basic personal damage for a widowed spouse of a marriage whose cohabitation is up to 15 years. Is compensated with 90,000 euros (victim under 67 on the date of the accident). Also 70,000 euros. When the victim’s age was between 67 and 80 years) and that of 50,000 euros. If the victim was over 80 years old. The widowed spouse will receive 1,000 euros per year additional cohabitation or fraction, above fifteen years of cohabitation.
The ascendants of each parent receive a fixed amount that varies depending on whether the deceased child was up to thirty years old or over thirty. Each grandparent is considered injured.
Also Table 1.A. of basic personal harm detailed for each parent 70,000 euros or 40,000 euros depending on whether the deceased child was up to or over thirty years old. To every grand parent and only in the case of pre-mortem of your family branch. You are awarded compensation of 20,000 euros.
For the decedents A fixed amount is assigned to each child that varies depending on their age. Such as up to 14 years (90,000 euros), from fourteen to twenty years (80,000 euros). From twenty to thirty years (50,000 euros) and from thirty years (20,000 euros).
The siblings They receive a fixed amount that varies depending on their age, depending on whether they are up to thirty or older. Table 1.A. assigns to each brother who is up to thirty years old an indemnity of 20,000 euros and 15,000 euros. When the victim’s brother is over thirty years old.
The relatives those people who had lived as a family with the victim for a minimum of 5 years immediately prior to the death and were especially close in relationship or affection. Table 1.A. quantifies the basic compensation in 10,000 euros. There is a bond or closeness between the victim and her loved ones and those who live in apartments for workers, students, military or religious establishments cannot be recognized as relatives.
TABLE 1.B.: PARTICULAR PERSONAL INJURY
This table allows for better reparation of the moral damage suffered by those injured by accident victims.
What are the particular personal damages?
The purpose of the Particular Damage due to physical, intellectual or sensory disability prior to the accident is to compensate for the perceptible alteration that the death of the victim causes in the life of the injured party. This requires a degree of disability of thirty-three percent, which is accredited by administrative resolution.
There is also the Private Damage due to the coexistence of the injured party with the victim. Cohabitation constitutes a particular harm to the injured parties. With the exception of the spouse and victims or injured parties under thirty years of age. Who are assessed in the Basic Damage (Table 1.A). That is to say. When the injured party is the grandfather or grandson of the victim and they lived with him. An increase of 50% would be applied to the compensation for the basic damage. In other cases where the injured party is over thirty years old, compensation is provided according to Table 1.B.
Table 1.B. For each injured party, compensation would correspond to the coexistence of the victim:
- To each parent, if the deceased child was over 30 years old: 30,000 euros.
- To each grandparent, if applicable: 10,000 euros.
- To each child who is over 30 years old: 30,000 euros.
- To each grandchild: 7,500 euros.
- To each brother who is over 30 years old: 5,000 euros.
Private damage to the injured party, unique in its category:
Except for the spouse, an increase of twenty-five percent compensates for the compensation in cases of basic personal injury.
Particularly for the injured single family member. Which would be a twenty-five percent increase in compensation.
Damage due to death of sole parent It is 50% in the case of children up to twenty years old. And 25% in the case of children over twenty years old. Compensation for full or absolute orphanhood when the only living parent dies is a novelty.
Individual for death of both parents in the same accident. It is compensated by an increase in compensation for basic personal injury due to the death of each parent. It would be 70% in the case of children up to 20 years old and 35% in the case of children over 20 years old.
private harm due to death of only child is compensated through a 25% increase in compensation for basic personal injury.
Particular for the death of a pregnant victim with loss of fetus. It is perceived by the spouse. Table 1.B. stipulates that, if the loss occurred in the first twelve weeks of gestation, the compensation will be 15,000 euros. And if it took place after the aforementioned twelve weeks of gestation. The compensation will be 30,000 euros.
The exceptional detriment of Table 1.B:
Compensation is also provided for damages caused by unique circumstances not contemplated in accordance with the rules and limits of the system.
TABLE 1.C.: PATRIMONIAL DAMAGE
It is the third point of the new assessment that compensates for property damage through consequential damage and lost profits.
Each injured party receives a fixed amount for the amount set in Table 1.C. for the reasonable expenses caused by the death, such as travel, maintenance, accommodation, etc. The legal Annex establishes the amount of 400 euros for each injured party for this harmful concept. If the amounts exceed, they would have to be justified. In addition to the aforementioned expenses, the costs of transporting the deceased, burial and funeral (and repatriation) are paid.
It consists of the net losses suffered by those who were economically dependent on the victim’s income. And who therefore have the status of injured parties. Those individuals who benefit from the victims’ income and, upon their death, experience economic consequences.
As for the injured parties, the spouse and minor children. People consider individuals up to the age of thirty as children.
This text has no legal value, it is only a legal illustration.
Discover how to collect your compensation for a car accident.
And know the data on road deaths from the DGT.
In any case, individuals achieve success when they meticulously prepare their cases from the beginning, providing evidence to establish what rightfully belongs to them.
Therefore, to collect compensation for death in an accident, you can contact us:
- By calling directly at 699 318 513.
- Or by writing in this form and we will contact you immediately.