{"id":35833,"date":"2026-06-09T13:42:19","date_gmt":"2026-06-09T13:42:19","guid":{"rendered":"https:\/\/cbleon-abogados.com\/?page_id=35833"},"modified":"2026-09-11T09:37:40","modified_gmt":"2026-09-11T09:37:40","slug":"derecho-de-danos","status":"publish","type":"page","link":"https:\/\/cbleon-abogados.com\/en\/servicios\/derecho-de-danos\/","title":{"rendered":"LAWYERS SPECIALIZING IN DAMAGES CLAIMS"},"content":{"rendered":"
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Carlos Ba\u00f1o Le\u00f3n \u00b7 Lawyers in Alicante<\/div>\t\t\t\t<\/div>\n\t\t\t\t
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LAWYERS SPECIALIZING IN DAMAGES CLAIMS\n<\/h1>\t\t\t\t<\/div>\n\t\t\t\t
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Claims for Damages: Medical Malpractice, Traffic Accidents, Workplace Accidents, Construction-Related Damages, and Government Liability.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t

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Given the importance of this matter\u2014due 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\u2014it is no surprise that there is increasing talk of a\u00a0Tort Law<\/strong>.<\/p>

We know this all too well at our\u00a0law firm in Alicante<\/strong>\u00a0by Carlos Ba\u00f1o Le\u00f3n\u00a0<\/strong>where this topic is frequently discussed because it is\u00a0experts in tort law.<\/strong><\/p>

The\u00a0Tort Law<\/strong>\u00a0It 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.<\/p>

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.<\/p>

For many years\u00a0Carlos Ba\u00f1o Le\u00f3n, Attorneys at Law in Alicante<\/strong>\u00a0has been a member of the Association\u00a0Medical Law.<\/strong><\/p><\/div><\/div><\/div><\/div><\/div><\/div>

This section addresses one of the most frequently litigated issues in courts: damages caused by the actions or omissions of third parties.<\/p>

Medical malpractice, workplace accidents, motor vehicle accidents, accidents caused by consumer products, falls on public streets, etc.<\/p>

Here is a recently published article on medical malpractice<\/p><\/div><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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The firm<\/strong>\u00a0from\u00a0Lawyers in Alicante<\/a>\u00a0Carlos Ba\u00f1o Le\u00f3n, Esq., specialists in tort law<\/strong>, has significant experience in this area of law.<\/p><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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JURISDICTION OF THE CLAIM\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Claims of\u00a0damages<\/strong>\u00a0will largely fall under the jurisdiction of the civil courts; however, they may also fall under criminal jurisdiction in cases where\u00a0civil liability arising from a crime<\/strong>; and\u00a0administrative litigation<\/strong>\u00a0in cases where claims are filed against the government and its employees; in this instance, given their significance, we highlight claims against\u00a0Social Security healthcare workers.<\/strong><\/p>

ESTIMATES FOR LIABILITY FOR DAMAGES<\/strong><\/h3>

For the attendance of\u00a0contractual liability<\/strong>\u00a0requires the presence of\u00a0negligence or willful misconduct<\/strong>; whereas for the\u00a0non-contractual<\/strong>\u00a0often all it takes is the\u00a0simple negligence<\/strong>\u00a0and, in many cases, increasingly, the liability arising from a risky activity known as\u00a0objective fault<\/strong>\u00a0which we'll discuss later.<\/p>

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.<\/p>

TYPES OF DAMAGES<\/strong><\/h3><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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Tort Law \u00b7 Carlos Ba\u00f1o Le\u00f3n, Attorneys at Law<\/figcaption>\n\t\t\t\t\t\t\t\t\t\t<\/figure>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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TYPES OF DAMAGES, COMPENSABLE CLAIMS, AND EVIDENCE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Damages may include property damage, personal injury, and even emotional distress.<\/p>

Property damage or financial loss refers to damage that causes an economically quantifiable loss <\/strong>to the interests of the injured party.<\/p>

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.<\/p>

Non-pecuniary damages are those that do not affect the victim\u2019s financial assets and involve harm to intangible interests that go beyond financial assets.<\/p>

COMPENSABLE ITEMS<\/strong><\/h3>

The guiding principle in this area is that of restoring the full extent of the damage<\/strong>.<\/p>

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\u2019s contributory negligence, or in which the victim has a legal or contractual duty to mitigate the damage.<\/p>

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.<\/p>

With regard to economic damages, this term refers to both the financial expenses incurred and the income that was lost.<\/p>

With regard to the quantification<\/strong> of personal injury<\/strong>, the scales<\/strong> 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).<\/strong><\/p>

The quantification of non-pecuniary damages<\/strong> for the suffering endured is at the discretion of the court.<\/p>

TEST<\/strong><\/h3>

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<\/strong> and burden of proof<\/strong>\u2014established by case law\u2014that governs this matter.<\/p>

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.<\/p>

It is very important to know that the burden of proof<\/strong> in contractual liability<\/strong> requires only proof of the contractual relationship<\/strong> and the existence of damage<\/strong>; in tort law<\/strong>, one must prove the existence of fault<\/strong> as well as the existence of a causal relationship between the act or omission and the damage suffered.<\/p>

STATUTE OF LIMITATIONS\u00a0<\/strong><\/h4>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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Lawyer specializing in personal injury law in Alicante<\/figcaption>\n\t\t\t\t\t\t\t\t\t\t<\/figure>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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STATUTE OF LIMITATIONS, INTERRUPTION, AND INTEREST<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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The statute of limitations for <\/strong> legal actions<\/strong> will depend on whether they arise from a contractual<\/strong> or non-contractual basis,<\/strong> 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.<\/p>

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.<\/p>

INTERRUPTION OF THE STATUTE OF LIMITATIONS<\/strong><\/h4>

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.<\/p>

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.<\/p>

INTERESTS<\/strong><\/p>

Late payment interest.<\/p>

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.<\/p>

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.<\/p>

INSURANCE COMPANIES<\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Filing a Claim with a Lawyer in Alicante<\/figcaption>\n\t\t\t\t\t\t\t\t\t\t<\/figure>\n\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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INSURANCE COMPANIES: YOUR FREE LEGAL DEFENSE<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Liability for much of the damage resulting from both contractual and non-contractual acts is typically covered by insurance policies\u2014either 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.<\/p>

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.<\/p>

Carlos Ba\u00f1o Le\u00f3n's Law Firm, specializing in Personal Injury Law<\/strong>, 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<\/strong> or any incident<\/strong> of any kind\u2014in addition to reporting it to your insurance company immediately\u2014you can retain us for your legal assistance and defense in courts and tribunals<\/strong>, and our attorneys <\/strong>will handle communication with your insurance company<\/strong> 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.<\/p>

EXAMPLE JUDGMENTS<\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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What You Can Claim When Someone Else Has Caused You Harm<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Many people believe that you are only reimbursed for expenses you can prove with a receipt. That\u2019s not quite right. The principle governing this matter is that of compensate for the full extent of the damage<\/strong>, and that covers quite a bit more.<\/p>

A well-formulated complaint includes:<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t

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Property damage or financial loss<\/h3>\t\t\t\t<\/div>\n\t\t\t\t
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The financially quantifiable loss to your vehicle, home, business, or property.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Personal Injury<\/h3>\t\t\t\t<\/div>\n\t\t\t\t
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Temporary injuries, physical and psychological aftereffects, and medical and rehabilitation expenses.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Emotional distress<\/h3>\t\t\t\t<\/div>\n\t\t\t\t
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The suffering endured, which does not affect her assets but does affect interests protected by case law.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Loss of earnings<\/h3>\t\t\t\t<\/div>\n\t\t\t\t
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The income you lost while you were on sick leave or unable to work.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Gastos derivados<\/h3>\t\t\t\t<\/div>\n\t\t\t\t
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Transportation, assistance from a third party, home or vehicle modifications.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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The most costly mistake we see at the firm<\/strong> 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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How Your Compensation Is Calculated<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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In cases of bodily injury, the following is used as a reference: scale published annually in the Official State Gazette (BOE)<\/strong>, 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.<\/p>

In emotional distress<\/strong>, 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t

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