Compensation for death in a traffic accident

Article 61 of the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles (LRCSCVM) establishes the compensation guidelines for deaths in traffic accidents.

It defines the different categories and the specific requirements for each to exercise the right to compensation. These categories include: surviving spouse, ascendants, descendants, siblings, and close relatives.

• Basic personal damage
• Particular personal damage
• Economic loss

As stipulated, these are the compensable damages in a traffic accident, applicable when compensation is warranted. Below we’ll explore these concepts, especially in the context of fatal traffic accidents.

Basic personal damage, regulated by Law 35/2015 of September 22, refers to non-severe harm suffered by the accident victim. Severity is evaluated based on whether the injury limits daily life and activities.

The previously mentioned compensation tables outline the amounts victims may receive, depending on the severity and duration of the injury. Table 3.A lists these amounts and is updated annually.

This compensation includes temporary injuries, permanent consequences, and death—the latter being the focus of this discussion.

The amounts to be received are found in Table 1.A of the compensation tables. These are the individuals entitled to compensation following the death of a loved one in a traffic accident.

Surviving spouse or registered domestic partner (with public documentation or registry proof), ascendants (parents, grandparents), descendants (children, grandchildren—only if the deceased has passed), siblings, and in specific cases, close relatives.

Regulated by Law 35/2015, this refers to significant personal harm resulting from a traffic accident, preventing victims from carrying out normal daily activities.

In cases of death, the family and close relatives are considered to suffer particular personal damage. This results in compensation intended to alleviate the burden the loss has caused.

The categories of particular personal damage affecting the relatives of the deceased include:

Very serious harm, serious harm, moderate harm, minor harm, and moral damage due to reduced quality of life.

The law also covers extraordinary cases, such as cohabiting relatives (excluding spouses and children, who are already included under basic damage).

If the relative is the only one or the deceased was an only child, compensation increases by 25%. In the event of a pregnant woman’s death, the spouse receives additional compensation based on gestational weeks.

This section refers to material losses and damage to the vehicles involved in the accident.

It not only covers vehicle damage but also personal items inside—such as sunglasses, phones, or essential gear like a helmet in the case of a motorcycle.

In the case of death, it includes funeral expenses and income lost as a result of the victim’s death. There must be some form of economic dependency between the claimant and the deceased.

Although insurers are responsible for compensating victims’ families in traffic accidents, two agreements—CIDE and ASCIDE—were established.

These agreements simplify procedures and reduce bureaucracy by streamlining the process and clarifying economic compensation.

The most crucial document is the accident report. If one party refuses to fill it out or it’s not possible, it’s essential to call the police. This ensures a record and allows an investigation to begin.

Even though insurers have legal teams, it is strongly advised to seek professional legal help from lawyers specialized in traffic accident compensation.

Based on everything discussed, we can estimate the compensation in the event of a fatal traffic accident using Article 61 of the LRCSCVM.

Two additional key concepts must also be considered: emergent damage and loss of earnings.

Emergent damage refers to all unavoidable expenses arising from the victim’s death. These are also subject to compensation and include basic economic loss and specific expenses.

Loss of earnings refers to the income that relatives or dependents of the deceased will no longer receive as a result of the accident.