Damage claim in Spain
During my more than 13,5 years career at OTIS Advocaten, I have specialized in Damage Law and Civil Liability.
The resolution of a damages claim in Spain is completely different from what we are used to in the Netherlands. Therefore, we recommend that you contact our office. We have knowledge of the Spanish language and culture and of the applicable Spanish legislation. In addition, I have extensive experience in the resolution of claims in Spain.
I assist clients who have suffered damage as a result of a claim in Spain. The place of occurrence of the loss, in accordance with the rules of Private International Law, is decisive to establish the competent jurisdiction and the applicable law.
Spanish law, in order to file a claim for damages, applies strict and short limitation periods. Furthermore, the judicial process in Spain is slow, formal and impractical.
You can claim for damages through criminal, civil or administrative law; however, an out-of-court settlement of damages frequently is arranged. Through the so-called burofax (letter for which someone is held responsible), the author of the damage and his or her insurer are held responsible. We will always try to reach an amicable agreement through negotiations.
Liability for damages is only recognized if there is a causal link between the acts or omissions of third parties and the damage suffered by the victim.
Damages can consist of personal injury, property damage, and death. Death and bodily injury (residual) are determined on the basis of a chart (the so-called Baremo) that is modified annually. In the event of death, a fixed compensation is paid, taking into account personal, family and financial circumstances.
In the case of personal injury, it is important to determine the extent of the injury to calculate the amount of compensation. For this, a medical final state is necessary. All medical documents must be presented. After, a Spanish medical expert will issue an expert medical report.
When evaluating the injury, different factors are taken into account: the number of days that the victims have been into the hospital, the number of days of total disability, the number of days of partial disability, cosmetic injury, and possible residual injury.
Regarding material costs, vehicle damage can be determined through an expert technical report. This category also includes medical expenses and all other expenses derived from damages that are not covered by medical or travel insurance.
It is important to keep all invoices, receipts, photos (dated!). The statements of the witnesses and the police report, if any, are also relevant.
It fills me a lot to be able to take care of some of the concerns that clients feel in this type of case. Every day I deal with people who have suffered serious injuries as a result of a traffic accident, traffic assault, abuse, a fall due to a bad road surface or dangerous situations, during holidays or at the job place. There are also reports of medical malpractice in a Spanish clinic, as well as Legionella infections. Death cases in which close relatives lose a family member affect me deeply. In addition to legal assistance, my work consists of human work and that is what makes this work so valuable!
Have you suffered damages in Spain due to actions or omissions of third parties? Or, do you want more information about liability and damages in Spain? After many years of experience in this field, Jeanette Vunderink will be happy to advise you, in your own language. Spanish law, Dutch communication. Contact us by email at email@example.com or by phone by calling one of our offices in Spain or at our Dutch phone number: 0031 76 808 02 83. We are at your service.