Suffering a road accident or one of any other kind gives the victim the right to obtain compensation for the moral or physical harm they have sustained. In any case, if that harm has caused some form of disability, it will be necessary to assess it in order to determine the type of compensation to which it may give rise.
At BBMabogados we are experts in handling disabilities, as well as their assessment and claim. For this reason, do not hesitate to contact us if you are involved in a situation relating to compensation for disability in Santander.
What are disabilities?
A disability is understood to be a reduction in the physical or intellectual capacities that a person may suffer as a consequence of an event beyond their control. In other words, when we sustain harm caused by a third party, without it being the result of careless or intentional conduct on our part.
TYPES OF DISABILITY
Regarding the framework of disabilities, they are classified according to the loss of professional or working capacity suffered by the affected person. These are the same as for occupational disabilities and are classified into:
TEMPORARY DISABILITY
This arises when the person’s condition is not affected for life, but for a period not exceeding 12 months (extendable by a further 6 months).
PERMANENT DISABILITY
In this case, there is a reduction, decrease or loss of the person’s capacities for a period exceeding 18 months or for life. In this respect, these are subdivided into:
– Partial permanent disability (a reduction of at least 33% of the affected person’s working capacity).
– Total permanent disability (an impairment that prevents them from continuing in their usual profession, but not in another profession or economic activity).
– Absolute permanent disability (one that affects the affected person’s ability to continue carrying out their trade or any other).
– Severe disability, gran invalidez (loss of the capacity to carry out any trade, as well as to fend for oneself).
What can be claimed as compensation for disability in Santander?
There are two main groups of financial entitlements that we can claim in these situations. The first is the economic compensation or corresponding pension from Social Security, a matter that falls more within employment law. On the other hand, the person affected by an accident or harm to their personal sphere can also request the corresponding financial compensation for physical and/or moral damage.
Compensation for physical or personal harm
This seeks to restore the harm to the person’s physical integrity, or at least to provide compensation equivalent to the harm suffered. Broadly speaking, the amount of this compensation is set by the Compensation Scale (Baremo de Indemnización) that is updated and published annually in the BOE (Official State Gazette). Although it refers to road traffic accidents, it serves as a reference for estimating damage caused in other circumstances.
On the other hand, it should be borne in mind that requesting compensation or payment of the corresponding pension from Social Security does not in any way limit or exclude the right to claim any other compensation that may arise.
Compensation for moral damage
Moral damage refers to the psychological suffering that a person may have endured after an accident. This ranges from the impact on their appearance (cosmetic moral damage) to the suffering or distress resulting from the accident or harm. This type of moral damage is estimated according to the disability that may have occurred; thus we have:
– Slight moral damage, when a temporary disability is suffered.
– The case of moderate moral damage, resulting from total permanent disability.
– Serious moral damage, when an absolute permanent disability is suffered.
– The case of very serious moral damage, established in cases of severe disability (gran invalidez).
Compensation for derived damages
These are the indirect damages that the accident or harmful event may have caused and which must also be compensated. In such a case, this covers medical treatment, rehabilitation, transport to medical facilities and other related matters.
Likewise, in disability cases, the time the affected person must devote to the medical care needed for their full recovery will be counted as compensation.
How to claim compensation for disability in Santander?
Essentially there are two ways: the judicial and the out-of-court route.
OUT-OF-COURT ROUTE
This refers to the claim against the insurer or the party responsible for the event giving rise to the disability. This section includes the claim procedures, but also any arbitration that may be necessary if no agreement is reached.
JUDICIAL ROUTE
This is the claim before the courts. In this case, when no agreement is reached on the disability compensation, it is possible to turn to a civil judge to declare the corresponding liabilities. This action may be brought by the victim of the harm or by their qualifying relatives, in the event that the affected person has been left unable to do so themselves.
SOLICITORS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT TIMES
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