Permanent injuries after an accident: how to claim compensation in Murcia

If you have suffered an accident and have permanent injuries or sequelae, you have the right to be compensated in accordance with the Spanish Baremo (Law 35/2015) and the Law on Civil Liability and Insurance in Motor Vehicle Circulation.

At GVC Abogados (García Valcárcel & Cáceres), we accompany you throughout the process, from medical and expert assessment to negotiation with the insurer or judicial proceedings when necessary.

What are permanent injuries (sequelae) and why do they matter

Permanent injuries are considered to be the sequelae that persist once healing and rehabilitation have been completed, that is, when there is lesional stabilization. They can include functional limitations, chronic pain, aesthetic damage, sensory loss, neurological or psychiatric damage, among others.

• Temporary injuries: days of healing and rehabilitation (medical leave).
• Permanent injuries (sequelae): damages that remain after discharge, compensable by points according to the Baremo.

Essential legal framework for claiming

• Law 35/2015: personal injury damage assessment system (Baremo), which establishes how to quantify sequelae, personal and property damages.
• Prior claim and “motivated offer”: the insurer has 3 months to respond with a motivated answer to your claim.
• Late payment interest: if the insurer fails to comply, interest for late payment may accrue in accordance with the Insurance Contract Law.
• Prescription: generally speaking, the time limit for claiming is 1 year from the stabilization of the injuries, which can be interrupted by a verifiable extrajudicial claim.
• Insurance Compensation Consortium: responds in accidents involving an unknown vehicle, uninsured situations, or specific cases.

What concepts are compensated under the Baremo

Personal injury

• Basic personal injury: compensation for bodily harm and inherent suffering.
• Particular personal injury: includes loss of quality of life due to sequelae, moral damage for aesthetic harm, loss of autonomy, moral damage for loss of a fetus, among other factors.

Property damage

• Emerging damage: medical and pharmaceutical expenses, rehabilitation, travel, prosthetics, orthotics, therapies, and future care.
• Loss of earnings: loss of income due to temporary or permanent incapacity, impact on professional career and economic performance.
• Third-party assistance: when the victim needs help for basic activities.
• Adaptation of home and vehicle: adaptation works and technical aids in severe injuries.

The sequelae are valued in points and their conversion to euros depends, among other factors, on age. Additionally, there are specific compensations for concurrent sequelae and for situations of severe disability.

How to Prove and Calculate Permanent Sequelae

• Complete medical history: emergencies, hospitalization, rehabilitation, diagnostic tests, and discharge reports.
• Medical expert report: key to establishing points of sequelae, causality, and functional limitations.
• Forensic assessment: if there is no agreement with the insurer, an assessment can be requested from the Institute of Legal Medicine and Forensic Sciences.
• Economic documentation: payslips, income tax declarations, company certificates, invoices, and expense receipts.

Steps to Claim Your Compensation

• Go to the emergency room and follow the prescribed treatment; keep all receipts.
• Gather documentation: report or amicable agreement, details of the other party, policy, medical reports, invoices, proof of income, and sick leave.
• Preliminary claim to the insurer: submit a detailed request, based on expert evidence and quantification according to the *Baremo* (Compensation Table).
• Motivated offer: the insurer must respond within 3 months with a reasoned proposal; discuss with your lawyer whether it is adequate.
• Negotiation and mediation: an extrajudicial agreement can be reached with updated items and closure of sequelae.
• Court claim in Murcia: if the offer does not cover the damage, a claim is filed before the competent Courts, with support from experts.

Deadlines and How Not to Lose Your Right

In general, the limitation period for claiming for extracontractual civil liability is 1 year from the stabilization of the injuries. This period can be interrupted by valid extrajudicial claims, notarial requests, requests for forensic reports, or the filing of a lawsuit. Do not let time pass.

Special Cases in Which You Can Also Claim

• Occupants and pedestrians: have the right to compensation regardless of who the at-fault driver is.
• Vehicle without insurance or unknown: claim against the Insurance Compensation Consortium.
• Concurrence of faults: compensation may be adjusted if there is contribution from the victim (for example, not wearing a seatbelt or helmet).
• Work accidents on the way to or from work or on a mission: we coordinate the civil claim with the labour and Social Security claims.

Interest and Taxation of the Compensation

• Late payment interest: if the insurer does not pay or provide a reasoned offer within the deadline, late payment interest may accrue from the date of the incident or under the legally established terms.
• Taxation: compensations for personal damages recognized legally or judicially are usually exempt from income tax up to the amount set by the *Baremo* (Compensation Table), without prejudice to analysing each specific case.

Common Mistakes That Reduce Your Compensation

• Accept quick offers without an independent expert report.
• Do not attend emergencies on the same day or leave rehabilitation before discharge.
• Do not document expenses, travel, and loss of income.
• Sign settlements that prevent claiming future sequelae.

GVC Lawyers: comprehensive defence for victims in Murcia

García Valcárcel & Cáceres (GVC Lawyers) is a firm with tradition since 1946, values of clarity and honesty, and a strong specialization in civil liability, insurance, and medical negligence. We integrate lawyers, jurists, and medical experts to maximize your compensation for permanent injuries and rigorously manage each item of the *Baremo* (Compensation Table).

• Address: Plaza Fuensanta, 3 – 6ºB, 30008 Murcia.
• Key areas: traffic accidents, civil liability, insurance, medical negligence, obligations and contracts, civil and commercial mediation.
• Team: Pedro Alfonso García Valcárcel, Raquel García Valcárcel, Miguel Cáceres Sánchez, Olga Martínez Martínez, among other professionals.

Complementary services that may affect you after an accident

• Family law lawyers: if the sequelae affect family measures (custody, pensions) or require adapting family routines.
• Inheritance lawyers: if the accident impacts succession rights or the family's estate planning.
• Lawyers in Murcia: close and in-person advice, knowing the criteria of the Courts and forensics in the Region.

Frequently asked questions

How much is a point of sequela?

It depends on the age of the victim and the tables of the *Baremo* updated annually. It is necessary to apply the corresponding table and, if applicable, add particular and patrimonial damages.

Can I claim if I have already been discharged?

Yes. Compensation for permanent injuries is calculated precisely from the stabilization. Do not sign agreements without legal review.

What happens if the insurer does not respond in 3 months?

Your position is strengthened to demand late payment interest and to go to court with greater guarantees.

Do I need a medical expert?

It is advisable. The expert quantifies sequelae and substantiates each item of the *Baremo* (Compensation Table). An assessment by the Institute of Legal Medicine can also be requested if there is no agreement.

How we start at GVC Lawyers

• Free review of viability and documentation.
• Obtaining the complete medical history and coordination with specialists.
• Independent medical expert report.
• Claim to the insurer with quantification according to the *Baremo* (Compensation Table) and, if appropriate, civil lawsuit.

If you have suffered permanent injuries after an accident, your compensation should not be left to estimates. Contact GVC Lawyers in Murcia for a technical, quick, and results-oriented assessment.