In a road traffic accident, how much do you receive for each after-effect point?
There is no fixed price per point. Each after-effect is worth a number of points according to its severity and the total is converted into euros using a table that cross-references the points with the injured person's age. The amount rises with the points and falls with age, so the same after-effect is worth more in a young person. If there are several after-effects, the points are not simply added together but combined using a formula. The amounts in the table change every year and those for the year of the accident apply, updated to the year in which the compensation is set.
Alburquerque Abogados
José Manuel AlburquerqueHow the points are counted
- The doctor assesses each after-effect using the statutory table, which gives each one a number of points according to its severity, usually with a minimum and a maximum.
- If there are several after-effects, they are combined starting with the largest. Part of the smaller one is added to the larger one, in proportion to the points the larger one would need to reach 100. With one after-effect of 20 points and another of 10, 80 % of the 10, that is 8, is added to the 20. The total is 28 points, not 30. If the result has decimals, it is rounded up.
- Aesthetic harm (disfigurement), which is damage to appearance, such as a scar, is scored separately up to a maximum of 50 points. It is converted into euros using the same table and added to the value of the other after-effects.
Why there is no price per point
The table that converts points into euros cross-references the number of points, from 1 to 100, with the injured person's age, from 0 to 100 years. The law states that this valuation is “inversamente proporcional a la edad del lesionado” (inversely proportional to the injured person's age), that is, it falls as the person gets older. That is why two people with the same after-effect may receive different amounts. Each year's updated tables are on the website of the “Dirección General de Seguros y Fondos de Pensiones”, Spain's insurance regulator.
What you receive in addition to the points
The points are only part of what you receive for after-effects. Depending on the case, there is also an additional amount for non-pecuniary damage (distress) if the after-effects are very serious, compensation for loss of quality of life, the future expenses the after-effects cause and the earnings you lose because of them. As almost everything depends on the points set in the medical report, if the insurer undervalues them it is advisable to obtain a report from a medical expert you trust. If you do not agree with the offer, you can also ask the “Instituto de Medicina Legal”, the public forensic medicine institute, for a report, which the insurer pays for.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.