The classification of lesions ranged in establishing the scale ranging from 1 to 100, lowest to highest severity, and is subject to negotiation. Often when assessing damage occurring discrepancies between the medical insurance company, the coroner and the physician who attends an injured himself. In such cases the judge must decide what score is given, since the scale leaves room for maneuver. In general can be considered a sequel scored with a 1 may be a slight scar is not visible, while a sequel is valued with 100 head injury that incapacitates a person both physically and mentally. But between these two extremes there are infinite possibilities. For example, post concussion syndrome is valued between 5 and 15 points according to later symptoms (headaches, sleep disorders, memory, character, etc…) Loaded all issues of subjectivity.
Most common types of compensation:
Temporary incapacity: supports awards for other reasons. It is calculated by multiplying the number of days of disability for compensation due according to age, in turn adding certain amounts that are to apply certain correction factors. It has established an amount of 56 euro’s per day of hospital stay, and between 25 and 46 Euros when the victim does not need to remain hospitalized. This figure rises from 10% to 75% depending on the amount of income of the victim.
Death: if the victim is married, the spouse will receive between 45,139 and 90,278 euro’s depending on the age of the deceased, while their children less than 37,616 euro’s will be allocated, regardless of the age of the parent. The rest of the children, dependent parents and siblings of the victim are also entitled to compensation. The correction factors are, first, the economic losses associated with the death (which raise the compensation between 10% and 75% compared to revenues of the victim). They also increase compensation for death special family circumstances: physical or mental disability, the victim was an only child, death of both parents in the accident, the victim was pregnant …
Permanent injuries: the law provides a ranking of 1 to 100 points to assess the severity of the injury and that compensation is varied from a low of 469 euro’s, if the victim is over 65 years with injury severity 1 (a slight scar not visible), to a maximum of 2,734 euro’s if you are under 20 years with gravity 100 (total disability). These amounts can be increased by applying correction factors, including economic damage (increased from 10% to 75%), moral damages (up to 75,232 euro’s) and lesions that trigger the incapacity of the victim (between 15,046 and 75,232 euro’s). It also raises the compensation when the victim suffers a “serious disability” (quadriplegia, paraplegia, blindness, coma or chronic vegetative, among others) to 300,927 euro’s.
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