Our Tips on Legal Expertise in Traffic Accident Cases

What is the market value of a car and how is it calculated?

January 2, 2026

What is the market value of a car and how is it calculated?

The market value (valor venal) of a car is the value the vehicle has on the second-hand market immediately prior to an accident or loss. Essentially, it is the money you would have received for it had you sold it a second before the crash.

This is the reference value used by insurers to decide whether to repair your car or declare it a total loss (a "write-off"), which happens when the repair cost exceeds this market value.

 

1. How is it technically calculated?

Insurers and the tax authorities (HMRC equivalent) follow a standardised process to avoid subjectivity:

  1. Official Tax Value: The base is the price of the car when new according to the annual list published by the BOE (Ministry of Finance). This value depends on the make, model, engine type, and trim.
  2. Depreciation Percentage: A reduction percentage is applied to that "new" value based on the years passed since its first registration.

 

Depreciation Table (2026 Reference):

Vehicle AgeValue Retained (Approx.)
Up to 1 year100%
More than 2 to 3 years67%
More than 5 to 6 years39%
More than 10 to 11 years17%
More than 12 years10%

 

2. The different "types" of Market Value

Depending on your policy and who is at fault, different values will be discussed:

 

  • Market Value (Valor Venal): Only takes into account the make, model, and age. It does not include mileage or optional extras that were not standard.
  • Enhanced Market Value: Some policies include a clause that adds a percentage (usually between 20% and 30%) to the market value to ensure fairer compensation.
  • Replacement Value: What it would cost you to buy an identical car from a second-hand dealership. It is usually 20-30% higher than the standard market value because it includes the dealer's margin and warranty.
  • New Value: What the car costs today at a dealership. This is usually only paid if the car is less than 1 or 2 years old.

 

 

3. What if the market value is very low? (The problem in Málaga)

If you have a well-maintained 12-year-old car, its market value will be minimal (10% of its original value). If you are involved in a collision on a street in Málaga and the repair costs £3,000, but your market value is £1,200, the insurer will want to pay you that amount plus the scrap value if they keep the car, or minus that value if you decide to keep it.

 

What can you do?

  • Loss of Use/Sentimental Value (Valor de Afección): You can claim up to 50% more than the market value as "sentimental value" or "utility value," since you had a perfectly functioning car and now you have nothing.
  • Supreme Court Ruling 420/2020 of 14th July (First Chamber of the TS).

 

4. Where can I check my car's value?

To get an approximate figure today:

  1. Search for your model in the Tax Agency Tables (BOE) for the current year.
  2. Apply the percentage based on its date of registration.
  3. If you have fully comprehensive insurance, check your specific policy conditions to see if they guarantee New Value or Enhanced Market Value.
Forensic Report in a traffic accident

January 2, 2026

Forensic Report in a traffic accident

When you are in the process of claiming compensation, sometimes differences arise between the insurance expert's and the victim's version of the extent of the injuries. In these cases, it is possible to request the intervention of a forensic surgeon to examine the injured person and make a report. The role of this forensic report in a traffic accident is very valuable, as it is able to relate the injuries and after-effects that a person has to what happened in an accident. 

 

Until 2016, the only way to obtain a forensic report free of charge was if the road traffic accident was being investigated in criminal proceedings. However, since the entry into force of Royal Decree 1148/2015 of 18th December, any victim of a car accident has the possibility of requesting a forensic report free of charge and out of court to prove the extent of their injuries.

 

So if you are currently processing a claim for compensation for a traffic accident, here we explain everything you need to know about the forensic report. 

 

What a forensic report is and why it is important

 

A forensic report is a document that links the injuries sustained by a person to what happened in a traffic accident. For this, the medical surgeon takes as a reference the tests that have been carried out on the victim, the injuries diagnosed and the rehabilitation period needed to recover from them. In addition, the forensic report also includes the functional, psychological or aesthetic sequelae of the injured person once rehabilitation has been completed. 

 

This report is an objective document, since:

 

  • Both parties, the injured party and the insurer, have the right to request that any aspect they consider appropriate be included in the report.
  • Neither the victim nor the insurer can choose the forensic surgeon who will carry out the examination and the report.
  • The same doctor is never assigned by default to cases from the same insurer. 

 

Therefore, the forensic report is essential because: 

 

  • It allows the compensation calculators to better quantify the extent of the injuries.
  • It helps the injured party to obtain a fairer compensation in accordance with the damages suffered. 
  • In the event of having to go to court, the forensic report provides the court with more precise and detailed information, from a scientific and medical point of view, about the events that occurred.

 

Getting a forensic report? 

 

To obtain a forensic report, it is necessary to submit a request to the Institute of Legal Medicine and Forensic Sciences of the place where the accident took place or where the victim's home is located.

 

The request can be made by the injured party, the insurance company or both parties by mutual agreement. However, when it is the insurance company that requests this report, it must have the authorisation of the victim. 

 

Together with the application, the following documents must be submitted: 

 

  • The reasoned offer presented by the insurer.
  • The medical documentation that the injured person has and that issued by the insurer.
  • Any other documentation, photographs, reports, etc., that may be useful. 

 Before accepting the application, if the Institute of Legal Medicine notices any error or mistake, it can require that it be rectified within 10 days. If everything is correct, it will summon the injured person for the examination and will inform the insurer. 

 

During the month following the examination, both the victim and the insurance company will receive the report from the forensic institute and both will have seven days to request any clarification or correction they consider appropriate.

 

Contents of the forensic report? 

 

The forensic report serves as a basis for the insurer to submit a second reasoned offer or for the victim to decide to initiate a legal claim, therefore it should include the following information: 

 

  • The details of the injured person, the insurance company and the forensic surgeon who prepared the report.
  • An explanation of the circumstances in which the accident occurred and the most relevant details and facts of the accident. 
  • The examinations, tests and other assessments carried out on the injured person during the period of medical care that have been taken into account in the report.
  • A detailed explanation of the extent of the injuries suffered by the victim, the after-effects and any other damage that the victim may suffer for life.   
  • The place, date and time of the examination. 

 

Who assumes the costs of the forensic report in a compensation claim? 

 

It will be the insurer of the vehicle responsible for the accident who will be responsible for paying the cost of the forensic report, never the injured party.

 

However, if the insurance company denies the responsibility of its insured in the accident or it is demonstrated that there is no relation between the accident and the injuries of the victim, or that these are of lesser severity; the intervention of a forensic surgeon cannot be requested.

 

The alternative is for the injured party to go to a private medical expert and pay for the report out of pocket in order to be able to file a lawsuit against the insurer. In this case, if necessary, this expert can later go to court to ratify his report, unlike the forensic doctor. 

 

How are the damages quantified in the case of a civil claim?

 

In order to initiate a civil claim, all the damages suffered by the victim as a result of the traffic accident must be quantified. This quantification is made on the basis of the medical expert's report and the provisions of the accident scale.

 

For the calculation of damages, a distinction must be made between: 

 

  • Basic personal injury. Here compensation is paid:
  • The death of the victim.
  • Temporary injuries, depending on the number of days it has taken to heal and the loss of quality of life during this time.
  • The after-effects or sequelae, according to the level of help needed for personal autonomy. 
  • The particular personal injury. In this case, the specific circumstances of the injured party are taken into account to establish an amount.
  • The pecuniary damage. Here it is necessary to differentiate:
  • Loss of earnings or loss of income of the injured party.
  • Emerging damage or expenses derived from the accident.

 

Can the insurer lower the amount of the reasoned offer if the expert examination indicates fewer injuries? 

 

In the event that the forensic surgeon in his report assesses that the victim has fewer injuries and/or sequelae than the insurer's expert in his documentation indicates, the insurance company should not lower the amount of compensation proposed in the reasoned offer. If it did so, it would be acting against the information that it itself has used and provided. 

 

However, it is not very common for the coroner's examination to determine that the victim's injuries are less than what is reflected in the previous medical documentation. In any case, to avoid this, it is advisable to accept the reasoned offer as payment on account and then request the forensic medical report. 

 

If the reasoned offer is accepted, do I lose my right to make a claim out of court? 

 

Not in any case. The acceptance by the victim of the amount proposed by the insurer in the reasoned offer is not a waiver of his or her right to continue claiming, out of court or in court, a fairer amount to compensate for the injuries and damages he or she has suffered in a traffic accident. 

 

Therefore, after acceptance of the reasoned offer, the insurance company cannot require the claimant to sign any kind of waiver document.   

 

How much does a medical expert's consultation cost and who has to pay for it? 

 

If the victim of a traffic accident cannot request the free forensic report, for the reasons given above, then he or she will have to go to a private medical expert if he or she wants to continue with the claim for compensation. In this case, as it is a personal decision, the claimant will have to pay the cost of the report out of pocket.

 

How much it costs to consult a private medical expert and obtain a report depends on the individual professional. We therefore recommend that you seek the advice of a lawyer specialising in compensation claims, as skimping on this can be counter-productive.

 

Which doctors can issue an expert report 

 

In principle, Spanish law stipulates that any medical graduate can produce an expert report. However, not all doctors do so. Doctors with clinical specialties, although they have the capacity to give an expert opinion on any health or scientific issue, have been trained to diagnose and treat patients.   

 

Therefore, a judge will always give more credibility to a doctor who specialises in forensic and legal medicine, and not all medical experts are.   

 

What to consider when hiring one 

 

Choosing the right medical expert is essential if you want to get a fair road traffic accident compensation. Here are some of the considerations you should take into account when hiring one: 

 

  • It is important that they do not work for any insurance company or assistance service linked to them, as in that case they cannot produce expert reports.
  • You have to take into account both their professional career and prestige, as well as their training, as not all experts are specialists in legal and forensic medicine.
  • Ideally, they should transmit confidence from the outset. 
  • In the event that you have to go to court, it is good that you have a certain amount of experience and that he or she has the communication skills to specify, defend and explain your opinion, as well as the ability to respond and improvise.

 

Importance of the medical history in expert evidence

 

In a claim for compensation for a traffic accident, it is up to the victim to prove what happened and for this, the medical history is essential because it is the basis on which expert evidence is carried out. 

 

 

The medical history is the set of medical documents that have been generated as the injured person has received medical care after the accident with the aim of healing or stabilising their injuries. For this reason, they are undoubted proof of the injuries, diagnosis and treatment received by the injured party in an accident.

 

The more complete the medical records provided by the claimant in his or her claim against the insurer, the better the chances of obtaining a fair compensation. Thanks to it, your lawyer will be able to defend your position better and the judge will have objective information to reconstruct the facts, to check if the damage caused could have been avoided, to determine if there are any after-effects and how they will affect your life, etc.

 

Permanent disability due to traffic accident

January 1, 2026

Permanent disability due to traffic accident

Today we are going to talk about permanent disability due to a traffic accident. Better known as after-effects or sequelae, these are a hard time for the victim who must learn to live with a new and different physical or psychological situation that limits him/her to some extent. 

 

What is permanent disability due to a traffic accident?

 

We are dealing with permanent disability due to a traffic accident when, after the occurrence of an accident, the victim suffers injuries that result in a physical or psychological situation that prevents him/her from being able to carry out his/her usual profession and/or any other work, either totally or partially. 

 

The following is a breakdown of the 4 types of permanent disability that can occur after a traffic accident: partial, total, absolute and severe disability. 

 

Partial permanent disability

 

Situation in which the worker is partially unable to carry out his or her usual work. This occurs when work performance is reduced by 33%.

 

Total permanent disability

 

Situation in which the worker is totally unable to carry out his/her usual work, but not other occupations. 

 

Absolute permanent incapacity

 

Situation in which the worker is absolutely unable to carry out his usual work and any other occupation.

 

Permanent incapacity for severe disability

 

Situation in which the worker, who is permanently and totally disabled, requires the help of a third person to be able to carry out the basic activities of daily life. 

 

Claiming compensation for permanent disability after a traffic accident

 

When we cause permanent disability, in any of its degrees, the victim is entitled to receive the corresponding benefit by means of an administrative application through the Instituto Nacional de la Seguridad Social.

 

However, when permanent disability is caused by a traffic accident, Law 35/2015, of 22nd September, on the reform of the system for the assessment of damages caused to people in traffic accidents, also includes various compensation items aimed at compensating the harmful consequences caused to the victim.

Firstly, the law provides for a Medical Scale, with an exhaustive list classifying the different after-effects and their assessment within an individualised range.

 

Independently, a table of pre-established compensation amounts is set out, depending on the number of sequelae points and the victim's age. These amounts are automatically updated, with effect from 1 January each year, in accordance with the percentage of the pension revaluation index provided for in the General State Budget Law. 

 

On the other hand, the law assesses the so-called moral damage due to loss of quality of life caused by sequelae, when a certain number of sequelae are exceeded. 

 

Likewise, the law foresees a compensation item for those injured who need the help of a third person due to permanent incapacity after a traffic accident. 

 

Finally, when we find ourselves in a situation of permanent incapacity, in any of its degrees, our economy is inevitably harmed. In other words, there is the so-called loss of earnings, which are the amounts that we stop or will stop receiving, for personal work carried out, as a result of a traffic accident. Well, the law contains compensation items to cover those amounts that we will cease to receive for the performance of our profession or any other, and that we will no longer be able to carry out as a result of permanent disability after a traffic accident. 

 

There are various types of damages and losses that can be compensated for in the Traffic Schedule, and the key to a perfect claim for permanent disability due to a traffic accident is the correct and experienced application of the Schedule so as not to leave any damage caused to which we are entitled.

Compensation for whiplash trauma caused by a car accident

January 1, 2026

Compensation for whiplash trauma caused by a car accident

One of the most common injuries after a car accident is the whiplash trauma or injury, it is that common that it costs insurers millions of euros a year in compensation. So if you want to claim compensation for whiplash caused by a car accident, here is everything you need to know about this type of injury, the scale and how to present your claim to the insurance company.

 

What is whiplash trauma?

 

A cervical sprain or whiplash is an injury that occurs as a result of an energetic and rapid flexion and extension movement of the neck, from back to front, which causes a tear in the bony tissue and soft tissue that joins the cervical vertebrae.

 

This abrupt hyperextension of the neck usually follows an unexpected impact in which the energy of the blow is transferred to the neck and, because the muscles are relaxed, cannot react in time to limit the range of motion.

 

Types or degrees of neck sprain or whiplash

 

The symptoms that appear after suffering whiplash are what indicate what type of whiplash injury you may have. Therefore, you should know that there are three types or grades of whiplash.

 

Grade or Type I sprain

 

This is the most superficial sprain in the classification and is sometimes difficult to detect. In this type of injury, the stretching of the tissues of the neck is small, without rupture, and therefore the resulting sprain is mild.

 

Although there are no physical signs of injury in this grade, you may feel pain in the nape, neck, head or upper limbs (neck pain or cervicalgia) and/or stiffness and reduced mobility of the neck.

 

Cervical sprain Grade or Type II

 

In this type of sprain, the contracture that occurs is more significant, as there is a moderate elongation of the muscles and ligaments. In some cases, there is partial rupture of the tissues, although they do not separate, and this can limit the movement of the joint. In this case we are talking about a grade 2b cervical sprain.

 

In injuries of this type, you may feel pain on palpation and even have considerable swelling. In addition, there may be a rectification of the normal curvature of the cervical area.

 

Grade or Type III cervical sprain

 

In this grade of sprain there are already signs of neurological injury. The tissues of the neck have ruptured and separated as a result of extreme stretching or elongation. The movement of the neck is totally limited, given the intensity of the contracture, and in most cases the use of a neck brace is necessary.

 

In this case, the pain on palpation of the area is very acute and symptoms of neurological involvement appear, such as tingling, lack of strength in the limbs, numbness or loss of reflexes, among others.

 

Most frequent symptoms of cervical sprains

 

The most common symptoms that occur immediately or shortly after whiplash are:

 

  • Severe pain in the neck and shoulders (cervicalgia).
  • Stiffness and pain when moving the neck.
  • Muscle contracture.
  • Headaches or cephalea.
  • Dizziness, vertigo or blurred vision.
  • Confusion and disorientation
  • Tingling and numbness in arms or legs.
  • Sensitivity to noise.
  • Insomnia, anxiety and difficulty concentrating.
  • Tiredness or weakness.

 

Compensation according to the accident scale for cervical whiplash

 

When you suffer a cervical sprain, or whiplash, the compensation is calculated according to a scale that takes into account the type of injury suffered and its after-effects. In this document, this type of injury is considered "minor trauma to the spine".

 

Compensation for whiplash, according to the scale, is made up of several sections or items:

 

  • The main one is the item for temporary injuries or health days. This corresponds to the period between the date of the accident and the last day of rehabilitation, not the day of discharge. During this period, moreover, the days are compensated differently:
  • Days of very serious injury, in case of admission to the ICU.
  • Days of serious injury. If there is hospital admission. 
  • Days of moderate injury. When there is an incapacity to carry out daily activities.
  • Days of basic injury. Those in which you can carry out your normal activity, but rehabilitation has not yet been completed.

 

 

  • The amount for the physical, intellectual, aesthetic and sensory sequelae that persist once the rehabilitation period has ended, after discharge. This amount will have to be determined by a medical expert in damage assessment.
  • The item for patrimonial loss, i.e., for the healthcare expenses incurred (consequential damage) and for the loss of earnings or income lost during the period of healing of the injuries.

 

How to claim compensation for whiplash: 72 hours to go to the doctor

 

If you have suffered whiplash, there are a number of steps to follow if you do not want to be left without compensation.

 

First of all, it is very important that you go to the hospital as soon as possible, within 72 hours after the accident, otherwise the insurer may say that the injury is not a consequence of the accident. So make sure you go to the doctor and keep all the documents they give you.

 

The next step is to report the claim to your insurer, you have one week to do so. Subsequently, they will call you to evaluate the material and physical damage of the accident, and they will indicate that you have to go to a specialist doctor. After this procedure, the insurer will make you a proposal of compensation with which you can agree or disagree.

 

The article of the schedule dealing with compensation for whiplash injuries

 

The section of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles that specifically affects victims of accidents with cervical sprain is article 135, which deals with "compensation for minor spinal injuries".

 

This article establishes four criteria to determine whether or not there is an entitlement to compensation:

 

  • Exclusion. That there is no other circumstance that justifies the injury.
  • Chronological. That the symptoms of the injury manifest themselves during the 72 hours following the accident.
  • Topographical. There must be a relationship between the affected area of the body and the injury that justifies the pain.
  • Intensity. That the hit to the vehicle is of sufficient severity to cause the injury.

 

Hence the importance of going to hospital as soon as possible, even if the discomfort is minor.

 

How much will compensation be paid for whiplash?

 

As we have already mentioned, compensation for whiplash is made up of several items. Therefore, the amount of compensation will vary depending on the type or degree of whiplash suffered, as this will influence the days of healing required, the recovery costs incurred and days off work, as well as the possible after-effects that may remain.

 

So in general, the compensation for whiplash can range between:

 

  • Grade or type I sprain: 1.500- 3.000 €.
  • Grade or type II sprain: €3,000- €6,000.
  • Grade or type III sprain: €6,000-€10,000, depending on the evolution of the injury.
Road Traffic Accident Compensation in Spain (2026): A New Era of Victim Protection

January 1, 2026

Road Traffic Accident Compensation in Spain (2026): A New Era of Victim Protection

The landscape of road traffic accident compensation in Spain has undergone its most significant transformation in a decade. As of 2026, claimants are navigating a system redefined by Law 5/2025, which transposed European Directives and updated the classic 2015 "Baremo" (Scale) to better reflect modern mobility and economic realities.

 

Whether you are a driver, a pedestrian, or a user of personal mobility vehicles (VMPs), here is the essential guide to claiming traffic accident compensation under current Spanish law.

 

The 2026 Baremo Update: 2.7% Increase

 

Each year, the Spanish government adjusts the compensation amounts to prevent victims from losing purchasing power due to inflation. For 2026, the official update is an increase of 2.7% across all compensation tables.

 

This increase applies to the three main pillars of any claim:

  • Death (Fallecimiento): Compensation for family members and dependents.
  • Permanent Injuries (Secuelas): Physical or psychological damage that persists after medical treatment.
  • Temporary Injuries (Lesiones Temporales): Compensation for the "healing days" from the date of the accident until medical discharge.

 

Daily Compensation Rates for 2026

 

If you are injured and undergoing treatment, your "healing days" are categorized by how much the injury affects your daily life. The 2026 rates are:

Type of DayDescriptionRate per Day (2026)
Very GraveLoss of autonomy (e.g., ICU stay).130,44 €
GraveLoss of autonomy for most essential activities (Hospital stay).97,83 €
ModerateLoss of autonomy for personal development (Sick leave/Baja).67,82 €
BasicMedical treatment without significant impact on daily tasks.39,13 €

Pro Tip: In 2026, the definition of "Moderate" injury has been expanded. It now more explicitly includes the inability to perform specific personal development activities, not just professional work.

 

Major Legal Changes: Law 5/2025

 

The reform introduced by Law 5/2025 is a game-changer for several reasons:

 

  • VMPs and Electric Scooters: As of January 2, 2026, personal mobility vehicles (electric scooters) are now classified as "light personal vehicles" and must have compulsory civil liability insurance. This ensures that victims of scooter accidents have a guaranteed path to compensation.
  • Insurer Insolvency: A new safety net has been established. If an insurance company (even a foreign one operating in Spain) becomes insolvent, the Consorcio de Compensación de Seguros (Insurance Compensation Consortium) will now guarantee the payment of compensation to victims.
  • Future Medical Expenses: The law now simplifies how future healthcare costs are handled, allowing for direct payments to mutual insurance companies for long-term recovery, ensuring the victim doesn't have to pay out-of-pocket for ongoing care.

 

Claiming Your Compensation: The Timeline

 

The process for claiming in 2026 remains highly structured. You must follow the "Out-of-Court" path before entering a courtroom:

 

  • Medical Stabilization: You cannot calculate the final compensation until you have reached "medical stability" (when injuries have healed or reached a permanent state).
  • The Pre-trial Claim (Reclamación Previa): You must send a formal claim to the insurer. They have three months to provide a “Motivated Offer.”
  • Independent Assessment: If the offer is too low, Law 5/2025 encourages using independent medical experts or mediation rather than immediate litigation to speed up the process.

 

Why You Need an Independent Specialist

 

As we’ve discussed previously, the Right to Free Choice of Counsel (Article 76 of the Insurance Contract Law) is more vital than ever in 2026. With the complexity of the new Law 5/2025 and the updated Baremo, an insurance-appointed lawyer may prioritize a quick settlement over a legally precise one.

A private lawyer will ensure that the 2.7% inflation adjustment is applied correctly to every single day of your recovery and every point of your secuelas.

After a traffic accident, how should you act?

December 28, 2025

After a traffic accident, how should you act?

If you have a vehicle and you are driving it, you are exposed to the risk of suffering a traffic accident, which is why it is of vital importance how to act if you have suffered an accident and have sustained minor injuries. This type of accident accounts for the highest percentage of accidents on our roads.

 

Beforehand, we would like to inform you that you do not have the duty to bear the injuries you have suffered as a result of a traffic accident for which you are not responsible. You are therefore entitled to compensation to compensate for the personal injuries you have suffered.

 

 

Exchange of information between the parties involved

 

The first thing you should do when you have an accident with your vehicle, or are hit by a car, is to exchange personal details, vehicle registration numbers and insurance companies with the other party. This would be normal, but up to 4 cases can occur after a traffic accident.

 

That the parties involved agree

 

The parties involved agree on what has happened and share their version of events, and this is reflected in the accident report. This must be signed by both parties to be valid, and each party must keep a signed copy.

 

The parties involved do not agree

 

In this case, the most advisable thing to do is to call the police so that they can make a police report. The negative side of this situation is that the management of the claim may be delayed, as the insurers must agree on who was at fault.

 

If no friendly report is made and the police are not called in

 

If there is no friendly report or police report and there is no understanding between the parties involved, it is obligatory to exchange information so that each party involved reports the accident to their insurance company. 

 

If the other party involved does not provide us with the data

 

If the other party does not cooperate in providing us with the information, it is essential that we at least take note of the registration or plate number in order to be able to identify the owner of the vehicle and the insurance company.

 

 

 

In the event that the other party involved does not agree and does not want to provide their details, the correct thing to do is to take note of their number plate so that we can report the accident to the insurance company and identify the vehicle of the other party involved.

 

Medical assistance

 

Secondly, it is of vital importance that you receive first medical assistance in any medical centre, within a maximum period of 72 hours from the occurrence of the accident.

 

Inform the insurance company of the accident

 

Next, call your insurance company to report the accident, explaining the dynamics of the accident and indicating if there are any injuries. The Insurance Contract Law establishes a period of 7 days to make this notification.

 

Compensation if there are injuries

 

Finally, you should know that you have the right to receive free medical treatment to heal your injuries, as well as medical assistance from the corresponding doctor until you are definitively discharged. 

 

This can be carried out in various clinics of your choice, depending on the proximity to your home. 

 

Once your injuries are stabilised and you have been discharged, your injuries can be assessed and it is time to claim your compensation.

The Traffic Scale and how to calculate your compensation in the event of an accident

December 25, 2025

The Traffic Scale and how to calculate your compensation in the event of an accident

After 20 years of applying an obsolete system for the valuation of damages caused to people in traffic accidents, on 1st January 2016, a new system came into force (Law 35/2015, of 22nd September, reforming the system for the valuation of damages caused to people in traffic accidents) which came into force, correcting a large part of the previous one, providing us with a complex system composed of tables and concepts, based on the circumstantial casuistry that could occur in the victims.

 

The system advocates, this time more correctly, as fundamental principles:

 

1. Principle of full reparation: it assumes full indemnity for the damages caused.

 

2.     Principle of articulation: it requires that patrimonial and non-patrimonial loss be assessed separately and, within each other, the different concepts.

 

What elements make up the compensation

 

First of all, it is important to recognise all the items included in the Schedule to compensate those damages which, consequently, are liable for compensation.

 

The structure of the Schedule is clear, concrete and simple, leaving little room for discretion, offering a method of compensation that starts with whether, after the traffic accident, the object of assessment is death, permanent incapacity or sequelae or temporary incapacity. In each of them, there are 3 concepts that are the object of compensation; the basic personal injury, the particular personal injury and the patrimonial loss.  Below we show the structure of the Schedule.

 

 

CALCULATION OF COMPENSATION FOR PERSONAL INJURY IN CASES OF TEMPORARY DISABILITY AND SEQUELAE

 

This section will focus on the calculation of compensation in situations 2 and 3, after-effects and temporary disability. The case of death, due to its complexity, will be dealt with in a separate post later on.

 

- TEMPORARY INCAPACITY. WE TURN TO TABLES 3.A, 3.B and 3.

 

Table 3 (A, B and C) values the damage caused within the period from the time of the accident until the date of injury stabilisation or medical discharge, whether personal, assigning an amount per day depending on whether it is classified as basic, moderate, serious or very serious. And patrimonial, depending on the amounts that are accredited as having been borne.

 

 

-AFTEREFFECTS or SEQUELAE. Tables A, 2. B and 2.

 

Sequelae are the physical, intellectual, organic and sensory impairments and aesthetic damage that derive from an injury and remain after the healing process is complete. And for this, we turn to Table 2:

TABLE 2.A.1 corresponds to the medical scale, and the BASIC PERSONAL INJURY.  

 

 

Locate the sequela in question within the Medical Scale, and observe that a range appears for each one of them. This is the score that corresponds to that sequela, and within which the corresponding number of points will be assigned.

 

Once the score has been assigned, we turn to the following table.

 

TABLE 2.A.2. ECONOMIC SCALE

This table, which is easy to apply, shows the economic valuation of our injuries, according to the number of points assigned to the specific injury and according to the age of the injured person.

 

TABLE 2.B. PARTICULAR PERSONAL INJURY

Table 2.B, will be used only in those cases in which the sequela suffered exceeds a certain number of points. It is a table that compensates in an extra way those cases in which the damages are of greater severity.

 

TABLE 2.C. PECUNIARY DAMAGE or PATRIMONIAL LOSS

 

Table 2.C guarantees compensation for present and future pecuniary damage, if any, caused to the injured party.

 

And finally, a simple example:

 

A 31-year-old male cook with 2 sequelae and 95 days of temporary incapacity, 30 of which he was on sick leave, during which time he received his full salary.

 

We turn to Table 3 to quantify the period of temporary incapacity, i.e. the number of days.  In this sense, 30*64.25 and 65*37.06 = 4,336.4 euros.

 

On the other hand, we turn to Table 2, first to the medical scale to identify our sequela, then to the economic scale to quantify it. In this way, we extract that a person of 31 years of age with two points of sequela corresponds to 2,073.93 euros.

 

Since in our example there are no other damages, the total amount to be compensated is 6,410.33 euros.

Compensation for quadriplegia in a traffic accident

December 23, 2025

Compensation for quadriplegia in a traffic accident

One of the most disabling injuries that a person can suffer after a traffic accident is quadriplegia. This condition damages severely the spinal cord above the thoracic vertebra and although it can present itself in many forms, the most common is the irreversible, partial or total paralysis of the trunk and limbs. Its consequences not only affect the victim for life, but also his or her family and relatives, which is why calculating the amount of compensation for quadriplegia after a traffic accident is very complex.

 

If you want to know what compensation for quadriplegia consists of, here are the most important aspects to take into account in this type of claim.

 

What is the compensation for quadriplegia in an accident? 

 

Quadriplegia is synonymous with disability, as it is one of the most serious spinal traumas that exist. For medical science, the possibilities of reversing the extent of this injury are very low or practically nil, although in specific cases, some victims may recover a fraction of mobility in some of their limbs after a tough rehabilitation process. 

 

Therefore, quadriplegia means a radical change in the life of the injured people and that of their relatives, as they need constant care and attention in their day-to-day life. For this reason, Law 35/2015 in the schedule of compensation for traffic accidents contemplates different items for calculating compensation for quadriplegia, which we will explain below. 

 

Compensation for quadriplegia that can be claimed for

 

In a claim for compensation for tetraplegia, the affected person can request compensation for temporary injuries, for the time that elapses between the traffic accident and the stabilisation of the injury, and also for permanent injuries or sequelae.

 

In addition, compensation can also be claimed for pecuniary damage. That is to say, for the medical expenses incurred since the accident occurred and for those that you will have to pay for the rest of your life, as well as for the income that you will no longer be able to earn because you will no longer be able to carry out your professional activity as before the accident.  

 

Temporary injuries 

 

Compensation for temporary injuries compensates for the damage caused to the victim during the period of healing or stabilisation of his or her injuries. If the injured person suffers a quadriplegia, he/she is entitled to claim this type of compensation. 

 

The amount will depend on the number of days and the type of damage caused to the victim:  

 

  • Days in the ICU: very serious injury.
  • Days of hospitalisation: serious injury.
  • Days of incapacity: moderate harm.
  • Non-impeding days: basic injury.

 

 

In addition, for each of the operations or surgical interventions required by the injured party, compensation may also be requested. The amount will depend on the group of surgical interventions to which each operation belongs.

 

After-effects (Particular Damage - Table 2.A) 

 

Although quadriplegia can be compensated as a temporary injury, once it is stabilised, since it causes irreversible damage, it becomes a permanent injury or sequela. Therefore, the affected person is also entitled to claim compensation for this concept.   

 

The valuation of the after-effects of quadriplegia depends on the area of the spinal column that has suffered the damage. According to the scale, there are three zones and depending on these, the injury is scored from 0 to 100:

 

  • From vertebra C1 to C4 (no mobility): 100 points.
  • From vertebrae C5 to C6 (mobility of the shoulder and scapular girdle): between 96 and 98 points.
  • From vertebrae C7 to C8 (mobility of the upper limbs): between 93 and 95 points.

 

In addition, the scale establishes an increase in the amount of this compensation depending on the particular damage that the sequela cause to the victim. These damages are:

 

  • Additional moral damages for psychophysical harm.
  • Complementary moral damages for aesthetic damage.
  • Moral damages for loss of quality of life.
  • Moral damages for loss of quality of life of family members.
  • Loss of the foetus as a result of the accident. 
  • Exceptional damage. 

 

Patrimonial loss (Emerging damage - Table 2.C). 

 

In a compensation for quadriplegia, compensation can also be claimed for the pecuniary loss caused to the injured person. In other words, for all the costs of health care, hospitalisation, pharmaceutical treatment, etc., that the injured person has needed during the healing period of the temporary injuries. 

 

The compensation in this case will be paid directly to the hospital that has provided the medical care, so that the injured party does not have to pay for them.  

 

Likewise, within the compensation for pecuniary damage, all the future expenses that the injured person will have to bear throughout his life will be included, given his or her after-effects. This amount will be paid directly to the victim.  

 

These future expenses are: 

 

  • The prostheses and orthosis required by medical prescription.
  • Physiotherapy and occupational therapy treatments required.
  • Expenses caused by the loss of personal autonomy to carry out the essential activities of ordinary life.
  • Instruments, equipment or systems prescribed by medical report to alleviate the limitations caused by the disability.
  • Adaptation of the home to adapt it to the needs of the injured person.
  • Adaptation of the vehicle used by the injured person or the cost of the journeys. 
  • Help from a third person in the home to carry out non-medical activities. 

 

The amounts corresponding to all these expenses are included in Table 2.C of the scale included in Law 35/2015, of 22 September. 

 

Responsible for awarding compensation 

As in any other compensation for a traffic accident, the insurance company of the vehicle that caused the accident will be responsible for compensating the victim of tetraplegia for all these concepts we have seen. 

 

Income Loss 

 

As is obvious, a person who suffers a quadriplegia cannot return to work as he/she did before the traffic accident. This entails an additional financial loss caused to the victim, whose compensation must be added to the consequential loss mentioned above. 

 

We are talking about Income loss, which refers to the income that the person will no longer receive as a consequence of the sequela of their injury. 

 

The amount of this compensation depends on the employment situation of the injured person at the time of the accident: 

 

  • If he/she was working, he/she will be granted permanent incapacity:
  • Partial, if he can carry out certain tasks of his professional activity.
  • Total, if he or she is unable to carry out his professional activity.
  • Absolute, if he or she is unable to carry out any type of professional activity.

 

  • If you were not working, the scale includes an item for incapacity to enter the labour market.

 

To calculate the amount of compensation for income loss, according to Law 35/2015, it is necessary to take into account what the injured party's income was before the accident. If the injured party was unemployed, the unemployment benefits they were receiving will be used for the calculation and if they were not entitled to benefits, the minimum annual interprofessional wage will be considered as income.