For the first time, since the publication of the new auto scale, an individual victim of a traffic accident is compensated with an amount greater than 3,300,000 euros. The insurer of the offending driver has been ordered to pay said amount as civil liability.
For his part, the driver has been sentenced to six months in prison and special disqualification from exercising passive suffrage during the sentence and deprivation of the right to drive the motor vehicle and mopeds for a period of six months; He must also compensate the victim through the insurance company.
As explained by the MCP Abogados office, the events occurred on September 14, 2016 when the NPR domestic worker was going to look for her employer's baby in a town in Madrid and was hit by a vehicle while crossing a marked pedestrian crossing. . The impact she received from her was such that she had extremely serious injuries all over her body and for which she was admitted to the ICU for weeks. “Fortunately, she was not carrying the baby in the stroller, as he was thrown more than 20 meters away due to the violent impact with the car,” she explains.
Once the victim overcame his critical condition and found himself in a situation of great health and economic vulnerability, the victim's lawyer, Manuel Castellanos Piccirilli, reports that “after suffering the initial passivity of the insurer of the person responsible for the accident” the transferred to a clinic specialized in brain injuries, remaining hospitalized for more than a year for rehabilitation due to severe brain damage, epilepsy and other serious consequences in lower limbs.
Once these initial inconveniences were overcome, the insurer took charge of all health costs through the existing assistance agreement for these cases, providing full collaboration with the lawyer and the family of the affected person from that moment on.
All the injuries suffered by the victim have left him with consequences that have been valued at 99 points out of the maximum of 100 contemplated by the current legal scale for assessing bodily harm, in addition to serious aesthetic damage. In addition, he requires third-party help to carry out all activities of daily living, and requires constant medical check-ups, as well as physiotherapy and speech therapy treatment for the rest of his life. The home has required adaptation with technical and support devices so that he can continue with his palliative treatment. The ruling has also compensated for the pecuniary damage, such as the expenses suffered during convalescence, as well as the loss of earnings of the injured woman.
For Manuel Castellanos, the lawyer who has led this lawsuit, adding that “the current scale, which substantially improves the previous one, still has deficiencies that restrict the spirit of the norm in the principle of full restitution of the victims. Furthermore, unfortunately many judges use the text of the scale to make full compensation difficult, instead of using it to facilitate it. Full restitution is not only a right contemplated in the scale itself, but it is a Fundamental Right included in the Spanish Constitution.
The ruling is not final and it is expected that the insurer will appeal it as it does not agree with the compensation amount that the judge estimates for the concept of “third-party help” calculated in the need of 13.5 hours a day. For its part, the MCP Abogados firm is also going to appeal to her since it considers that its client has received care of 20 hours a day, as she has been needing in recent years, in which the parents live for and to care for their daughter, with help from his brothers. It will also be appealed to apply the default interest of the Insurance Contract Law.
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