If it is not a road traffic accident, is there any table for calculating compensation?

Question

José Manuel Alburquerque · Accepted Answer

There is no compulsory table. For falls, medical negligence, dog bites and other personal injury unrelated to traffic, judges and the public authorities usually use the statutory compensation scale for traffic accidents (the “baremo”) as a guide. As it is not compulsory, the judge can depart from it so that the compensation makes good all the damage. That is why you can ask for more if you prove greater damage. The law that reformed the scale in 2015 announced a separate one for harm caused in healthcare, but it has not been approved. Where it is used In civil proceedings, for example over a fall in a shop, negligence at a private clinic, a defective product, a bicycle accident or a dog bite. In medical negligence cases, the “Tribunal Supremo”, Spain's Supreme Court, applies it as a guide, provided that the damage is compensated in full. In claims against the public authorities, for example over a fall in the street or negligence in the public health service. Law 40/2015 allows the scales of compulsory insurance and of the “Seguridad Social”, the Spanish social security system, to be used as a reference. In practice the traffic scale is used. In Catalonia, the “Comissió Jurídica Assessora”, the Catalan government's legal advisory body, applies it as a guide in its opinions. What changes because it is only a guide The judge can award more than the scale would give if greater damage is proven, because outside traffic cases the overriding rule is to compensate all the damage. It should be applied consistently, with all its rules, without choosing only the items that are favourable. Which year's scale applies is a matter of debate. In traffic cases, the date of the accident governs. Outside traffic cases, the Supreme Court has used the scale in force when the injuries stabilised, not the one in force on the date of the damage. It has also allowed the current scale to be applied to events before it came into force when this is requested. Damage other than injuries The scale only applies to death and injuries. Damage to property is paid according to what it costs to repair or replace it, with invoices, quotes or an expert assessment. Non-pecuniary damage (distress) that does not stem from an injury has no table and is assessed by the judge according to the circumstances of the case.