LAWYERS SPECIALIZING IN DAMAGES CLAIMS
Claims for Damages: Medical Malpractice, Traffic Accidents, Workplace Accidents, Construction-Related Damages, and Government Liability.
Given the importance of this matter—due to the large number of cases that are settled out of court and brought before the courts; the significant financial stakes involved; the large number of individuals and companies affected; and, in short, its significant impact on economic activity—it is no surprise that there is increasing talk of a Tort Law.
We know this all too well at our law firm in Alicante by Carlos Baño León where this topic is frequently discussed because it is experts in tort law.
The Tort Law It is not legally defined or regulated as such, but it has been systematized by legal doctrine and case law in an effort to establish a coherent and systematic framework for liability and damages, even though it is addressed in various special laws and regulations.
Thus, while the Civil Code provides the substantive legal framework, it is true that other legal texts also address cases of civil liability; for example, the Criminal Code addresses liability arising from a crime.
For many years Carlos Baño León, Attorneys at Law in Alicante has been a member of the Association Medical Law.
This section addresses one of the most frequently litigated issues in courts: damages caused by the actions or omissions of third parties.
Medical malpractice, workplace accidents, motor vehicle accidents, accidents caused by consumer products, falls on public streets, etc.
Here is a recently published article on medical malpractice
The firm from Lawyers in Alicante Carlos Baño León, Esq., specialists in tort law, has significant experience in this area of law.
JURISDICTION OF THE CLAIM
Claims of damages will largely fall under the jurisdiction of the civil courts; however, they may also fall under criminal jurisdiction in cases where civil liability arising from a crime; and administrative litigation in cases where claims are filed against the government and its employees; in this instance, given their significance, we highlight claims against Social Security healthcare workers.
ESTIMATES FOR LIABILITY FOR DAMAGES
For the attendance of contractual liability requires the presence of negligence or willful misconduct; whereas for the non-contractual often all it takes is the simple negligence and, in many cases, increasingly, the liability arising from a risky activity known as objective fault which we'll discuss later.
The general principle is that there must be a causal relationship between the wrongful act (breach of duty or tortious act or omission) and the damages to be compensated.
TYPES OF DAMAGES
TYPES OF DAMAGES, COMPENSABLE CLAIMS, AND EVIDENCE
Damages may include property damage, personal injury, and even emotional distress.
Property damage or financial loss refers to damage that causes an economically quantifiable loss to the interests of the injured party.
Non-monetary assets, in principle, are those for which a monetary valuation lacks a basis of equivalence, as they pertain to items or interests that are difficult to value in monetary terms.
Non-pecuniary damages are those that do not affect the victim’s financial assets and involve harm to intangible interests that go beyond financial assets.
COMPENSABLE ITEMS
The guiding principle in this area is that of restoring the full extent of the damage.
This principle of full compensation will not apply in all cases, as there are situations in which compensation will be reduced due to the victim’s contributory negligence, or in which the victim has a legal or contractual duty to mitigate the damage.
Similarly, it should be noted that liability will be waived in cases of force majeure and unforeseeable circumstances; it must be clear that the party invoking such circumstances bears the burden of proving that one of these causes applies.
With regard to economic damages, this term refers to both the financial expenses incurred and the income that was lost.
With regard to the quantification of personal injury, the scales published annually in the Official State Gazette (BOE) and used by insurance companies to quantify claims shall serve as a reference. (Resolution of March 30, 2020, issued by the General Directorate of Insurance regarding updated compensation amounts under the system for assessing damages and losses caused to individuals in traffic accidents).
The quantification of non-pecuniary damages for the suffering endured is at the discretion of the court.
TEST
This is an important chapter in this area, not only because of the requirements and demonstration of the elements of liability, but also because of the specific interplay of presumptions and burden of proof—established by case law—that governs this matter.
For liability to be established, three elements must be present: the existence of damage; an allegation of conduct that can be deemed to be the cause of the damage; and, third, the existence of a causal relationship between the two.
It is very important to know that the burden of proof in contractual liability requires only proof of the contractual relationship and the existence of damage; in tort law, one must prove the existence of fault as well as the existence of a causal relationship between the act or omission and the damage suffered.
STATUTE OF LIMITATIONS
STATUTE OF LIMITATIONS, INTERRUPTION, AND INTEREST
The statute of limitations for legal actions will depend on whether they arise from a contractual or non-contractual basis, with the distinguishing criterion being whether liability arises from damage occurring within the context of a contractual relationship between the parties, or whether the damage was caused by a third party with whom there is no contractual relationship.
In cases involving contractual relationships, the statute of limitations for liability expires five years after the triggering event occurred or after treatment was terminated with no prospect of improvement; whereas in cases involving non-contractual liability, the statute of limitations expires one year after the damages have been definitively established and a cure is no longer possible in cases involving health issues.
INTERRUPTION OF THE STATUTE OF LIMITATIONS
The statute of limitations will be tolled by any prior out-of-court claim or action; however, it should be noted that this is a suspension of the statute of limitations, which means that once such action has been taken, the statute of limitations will resume rather than restart.
Notwithstanding the foregoing, the initiation of criminal proceedings will suspend the statute of limitations for bringing civil claims if criminal proceedings have been initiated and those proceedings are subsequently dismissed.
INTERESTS
Late payment interest.
Interest shall accrue from the date on which the payment obligation becomes overdue, provided that such interest has been requested, unless otherwise specified in the contract, if one exists; and the rate shall be the statutory interest rate, unless another rate has been agreed upon in the contract.
From the date the judgment is rendered until the judgment is satisfied by the judgment debtor, the statutory interest rate shall increase by two percentage points.
INSURANCE COMPANIES
INSURANCE COMPANIES: YOUR FREE LEGAL DEFENSE
Liability for much of the damage resulting from both contractual and non-contractual acts is typically covered by insurance policies—either by legal requirement, as in the case of motor vehicle accidents or construction-related damage, or on a voluntary basis, such as professional liability insurance, which covers civil liability, including the payment of legal defense fees.
Please be aware that in all these cases, the appointment of an attorney is voluntary, and the insurance company will cover the costs of such representation without you having to pay anything.
Carlos Baño León's Law Firm, specializing in Personal Injury Law, is here to help you whenever you need it, and we offer our services to you; so that as soon as you have an accident or any incident of any kind—in addition to reporting it to your insurance company immediately—you can retain us for your legal assistance and defense in courts and tribunals, and our attorneys will handle communication with your insurance company and negotiate our involvement with them without requiring any advance payment or payment of any kind from you. All costs will be covered by your insurance company.
EXAMPLE JUDGMENTS
What You Can Claim When Someone Else Has Caused You Harm
Many people believe that you are only reimbursed for expenses you can prove with a receipt. That’s not quite right. The principle governing this matter is that of compensate for the full extent of the damage, and that covers quite a bit more.
A well-formulated complaint includes:
Property damage or financial loss
The financially quantifiable loss to your vehicle, home, business, or property.
Personal Injury
Temporary injuries, physical and psychological aftereffects, and medical and rehabilitation expenses.
Emotional distress
The suffering endured, which does not affect her assets but does affect interests protected by case law.
Loss of earnings
The income you lost while you were on sick leave or unable to work.
Gastos derivados
Transportation, assistance from a third party, home or vehicle modifications.
The most costly mistake we see at the firm is to sign the insurance company's first offer without having evaluated the last three items. Once the settlement agreement is signed, there is no turning back.
How Your Compensation Is Calculated
In cases of bodily injury, the following is used as a reference: scale published annually in the Official State Gazette (BOE), the same one used by insurance companies to quantify claims. It is a starting point, not a cap: the assessment depends on the expert report and how the aftereffects are documented.
In emotional distress, the court has discretion in determining the amount, which means that the quality of the arguments and the evidence carries a great deal of weight in the final outcome.
- Compensation may be reduced if the victim is at fault or if the victim had a duty to mitigate the damage.
- There is no liability in cases of force majeure or unforeseeable circumstances, but the party invoking them must prove them.
How long do you have to file a claim?
This is the point where most cases fall through the cracks before they even get started.
Tort Liability
There is no contract between the parties. The period begins when the damages have been definitively determined and, in cases involving health, when recovery is no longer possible.
Contractual Liability
The damage occurs within the context of a contractual relationship. The statute of limitations begins to run from the date of the event giving rise to the claim or from the date the treatment ended with no possibility of improvement.
Any prior out-of-court claim or proceeding interrupts the statute of limitations. Note the nuance: the time limit It resumes, not restarts from scratch. And if criminal proceedings are initiated, the civil statute of limitations is suspended until those proceedings are dismissed.
If you're not sure which stage you're in, please contact us before it's too late.
How We Handle Your Claim
Estudio de viabilidad
We review the documentation, the cause of the damage, and the applicable statute of limitations. We let you know whether the case has merit and what course of action to take, without raising expectations that we won’t be able to fulfill.
Evidence and Expert Testimony
We gather medical reports, police reports, witness statements, and expert opinions. In tort cases, it is necessary to prove fault and a causal link; in contract cases, it is sufficient to establish the contractual relationship and the existence of damages. The evidentiary strategy changes completely depending on the case.
Out-of-court claim
We assess the damages and file a claim against the liable party or their insurer. A significant percentage of damage claims are resolved here, at a lower cost and in less time for the client.
Legal proceedings
If the settlement does not cover the actual damages, we will file a lawsuit. Depending on the case, this may be a civil lawsuit, a criminal lawsuit when liability arises from a crime, or an administrative lawsuit when the claim is against the government or its employees, including Social Security healthcare personnel.
Frequently Asked Questions
How long do I have to file a claim for damages in Alicante?
One year if there was no contract between you and the liable party, counted from the date the injury was determined or from the date of medical discharge with no prospect of improvement. Five years if the injury arises within a contractual relationship. Each case has its own nuances, so it’s best to verify this as soon as possible.
Can I claim compensation for emotional distress in addition to financial damages?
Yes. Non-economic damages are compensable even if they do not affect your financial situation. The amount of such damages is determined at the court’s discretion, which is why the way in which the suffering endured is substantiated and argued is crucial.
What documentation do I need to file a claim?
It depends on the type of liability. Generally speaking: medical reports, police reports or accident reports, photographs, invoices, witnesses, and, in many cases, an expert report. We’ll let you know what to gather, and we’ll handle the expert report when necessary.
Can I file a claim if the responsible party is a public hospital or the Alicante City Council?
Yes, through the government’s financial liability. This has its own procedure and deadlines, which differ from those of an ordinary civil claim, so it is especially important not to let the opportunity pass.
The insurance company has already offered me a settlement—should I accept it?
Don't sign it before someone reviews it. Initial offers often omit consequential damages, lost profits, or future expenses, and accepting it closes the door on claiming the difference. Feel free to consult us about the offer with no obligation.
If you would like to speak with a lawyer who specializes in personal injury claims
You don't need to have everything figured out to call us. Just tell us what happened and when, and we can tell you if there's a case and what the next steps would be.
Without making any commitments or revealing anything in advance: in most claims for damages Your own insurance covers the legal services of the attorney of your choice.