Emotional distress damages can be an important part of recovery in many types of personal injury and Car Accidents. If you are injured in an accident and you successfully file a personal injury lawsuit.
Personal Damage Quantification
We need to distinguish the following.
– Quantum for Temporary Impairment:
Emotional Distress Damages: Generally, the amount of TD period is calculated in Spain only by counting the days between the date of the event and the date of the wound’s healing or stabilization. Later, in civil law, TD is compensated at the rate of one monetary amount per day.
The major effect that represents damage compensation is the appearance of the scale for compensation for damage caused by road accidents (naked me) in Spain, it is used in many cases as a reference text. , Including those that do not result in traffic accidents. This includes accepting the difference in the Table V scale for TD days (hospital and non-hospital days, non-hospital, and non-hospital days).
– Quantum for Permanent Impairment:
For PI, quantification of results is necessary and is done in Spain with the use of mandatory application scales, as appropriate.
Emotional Distress Lawsuit
Emotional Distress Damages Labor Law:
Emotional Distress Damages: Determining the extent of physical and functional damage to a worker after healing (including the possible existence of sequels) does not preclude the implementation of the basic tasks of their regular work, it does not create a situation where Total PI and complete But recovers. A possible situation is a partial IP for their regular work (“no inactive sequel”).
It is offered to be restored to its regular work or similar and in the same company, but with a unique economic compensation (e.g., osteosynthesis material, post-surgical scars, mild loss of mobility, etc.)
To do so, Spanish law “with the decree of April 15, 1974, entered the field of social protection as a ‘naked’ compensation for not disabling sequels,” translated the Guide to Permanent Diagnosis Version American Medical Association
The same American scale was added with reference to the Ministerial Order of 8 March 1984, which enacted the Law on Social Integration of Persons with Disabilities 13/1982, such as to correct defects (genetic or post-traumatic). An essential tool for Justify recognizing the status of persons with disabilities with all benefits and economic and social benefits. Since this is a well-known document, I do not consider it necessary to comment further.
Emotional Distress Damages Civil law:
Emotional Distress Damages: This application is mandatory in case of loss due to traffic accidents known as the “Bear Me of Points” or “Traffic Scale“, which was introduced in 1984 by the National Consortium of Insurers (UNESPA). And there are different versions of it, currently in force by Royal Decree 8/2004, October 29,
“Law of Civil Liability and Assurance of Motor Vehicle Circulation”
Which has an appendix entitled.
“Traffic Accident Damage Assessment System”
It is made up of six sections or tables. The last one (Table VI) consists of sequels in the “naked“, that is, sequences arranged by the organ system with their respective numerical assessment. This tool is provided not only to compensate for TD and IP. Is also provided for death cases, which justifies the appellation: system.
- Customary Law Example
- Equity vs equality
- Law and Morality
- Human Rights Law
- Legal Contracts
- Minority Law
- Precedent Law
Emotional Distress Examples
The structure of this document, the latest version of which is included in this text, is as follows.
- Table I: Compensation for death.
- Table II: Corrective factors for death benefits.
- Table III: Compensation for permanent injury (economic value of points).
- Table IV: Corrective Factors for Compensation for Permanent Damage
- Table V: Compensation for Temporary Disability
- Table VI: Classification and Measurement of Sequels
This final table contains the correct scale: the ratio of possible outcomes, sorted by organ and system, with the diagnosis in points (0 points: no loss, 100 points: maximum loss). The value of each sequel is usually in a range, a maximum and a minimum, within which the expert must state the reason for the points assigned to each sequel.
Emotional Distress Damages: Aesthetic bias gets the same treatment but is free from other sequels. Considered in five different categories (mild, moderate, medium, large, and very important, with a score interval for each one), the respective scores are assigned, which are studied separately.
Table III converts the value of each point into economic value based on two criteria: the patient’s age (the value of the point is higher in young patients) and the total losses or points earned (hence a patient in which many There are points, with many sequels, receiving more. The value of each point). The value of points is updated annually by the Ministry of Finance in relation to the minimum wage set by the government. Therefore, the table and the system are constantly updated.
Finally, Table IV lists the correction factors, usually to increase economic compensation under a court decision. Factors to consider are financial loss, IP (partial, total, absolute, or severe disability), need for home fitness (removal of barriers), need for a synchronized vehicle, permanent support from another person, etc. There will be only one factor. Consideration for Reduction in Compensation: Co-Responsibility of Trauma Victims.
A copy of “Spanish Bare`me of traffic” with this report (Real Decreto Legislativo 8/2004).