In 2016, law 35/2015 of September 22 entered into force, which introduces a series of modifications to the Consolidated Text of the Law on Civil Liability and insurance in the movement of motor vehicles (hereinafter LRCSCVM).
It essentially reforms the system for the valuation of damages caused to people in traffic accidents, which is used as a scale when claiming compensation for traffic accidents.
Thus, the amount that we can claim varies depending on the criteria that the Law specifies for us to determine compensation for bodily harm or injury suffered. Compensation can come from death, aftermath or temporary injury.
Today we are going to focus specifically on the classification of temporary injuries, how they are valued according to their size and importance, and then we will present the amount per day that corresponds to each of the classifications.
Firstly, to understand what is meant by a temporary injury, we must refer to article 134 of the LRCSCVM law, which defines the following: “temporary injuries are those suffered by the injured person from the time of the accident until the end of its healing process or until the stabilization of the lesion and its conversion into a sequel ”.
Regarding what this article says, it should be understood that these temporary injuries can be valued as basic, moderate, severe or very serious, and that the assessment of these injuries due to temporary disability is compatible and independent of the assessments of the sequelae may claim to be finally recognized as a permanent disability in a medical report.
That said, the compensation for temporary injuries is made up of 4 classifications according to the severity of the injuries suffered by the victim, due to the impairment or limitation in their day-to-day life or loss of quality of life. The different types are:
Basic personal injury
Art. 136 of the LRCSCVM law “Basic personal injury due to temporary injury is the common injury suffered from the date of the accident to the end of the healing process or until the injury is stabilized and converted into a sequel”
Moderate personal injury
Art.138.4 of the LRCSCVM law “is the one in which the injured party temporarily loses the possibility of carrying out a relevant part of their specific personal development activities”
Serious personal injury
Art.138.3: “is one in which the injured person temporarily loses his personal autonomy to carry out a relevant part of the essential activities of ordinary life or most of his specific activities of personal development. The hospital stay constitutes a prejudice of this degree ”
Very serious personal injury
Art. 138.2 “is one in which the injured person temporarily loses his personal autonomy to carry out almost all the essential activities of ordinary life. Admission to an intensive care unit is detrimental to this degree ”