If I am discharged from medical treatment with after-effects following an accident, what can I claim?

Question

José Manuel Alburquerque · Accepted Answer

You can claim for the days of injury up to your discharge and for the after-effects you are left with, rated in points according to their severity, with a value that depends on your age. Depending on the case, there is also an additional amount for non-pecuniary damage (distress) if they are very serious, compensation for loss of quality of life, future expenses and lost earnings if the after-effects reduce your capacity to work. The expenses you have already incurred, such as treatment or travel, are also paid. You have one year to claim against the insurer of the person responsible, in Catalonia too. What can be claimed The days of temporary injury, from the accident until discharge, according to their severity. Each operation is also paid for. The after-effects, according to the points they are worth and the injured person's age. Aesthetic harm (disfigurement), which is damage to appearance, such as a scar, is assessed separately. An additional amount for non-pecuniary damage, if the after-effects are very serious. Loss of quality of life, if the after-effects prevent or significantly limit activities in your daily life, leisure or work. It has four levels, from mild to very serious. Future expenses, such as the healthcare you will need, prostheses, assistive devices, adapting your home or car and help from another person. Loss of earnings (“lucro cesante”), which is what you will lose because of the after-effects. It is calculated on your income in the year before the accident, or on the average of the previous three years if that is higher. For accidents occurring on or after 26 July 2025, income is never taken to be lower than the Spanish minimum wage. The expenses you have already incurred up to discharge, if they are documented and reasonable. The discharge report What you receive depends on the medical report that sets the date on which the injuries stabilised, the after-effects that remain and their points. Ask for a copy and go through it with a medical expert you trust. If you do not agree with the insurer's offer because you believe you were discharged too early or that after-effects or points are missing, you can ask the “Instituto de Medicina Legal”, the public forensic medicine institute, for a report, which the insurer pays for. If the after-effects stem from whiplash, the law also requires a conclusive medical report proving them. The time limit You have one year to claim against the insurer of the person responsible from when the injuries stabilise, which normally coincides with your discharge. This also applies if the accident happened in Catalonia. A written claim to the insurer interrupts the time limit. When you are notified of the reasoned offer (the “oferta motivada”) or the reasoned reply, a new one-year period starts to run. Do not leave it until the last minute, because gathering the reports and invoices takes time.