In Elche, the judicial complex at Calle Abogados de Atocha, 21 (postal code 03203) houses both the courts of first instance and the civil and criminal sections of the Tribunal de Instancia, which handle most traffic accident claims in the city. If you have been involved in an accident in Elche, it is at this location where judicial proceedings and compensation claims are typically managed.
How much compensation can you claim for a traffic accident in 2024? Real-life examples under the current compensation tables
The 2024 traffic compensation tables (“baremo”), regulated by Law 35/2015 and updated annually, set out specific amounts for temporary injuries and permanent aftereffects. For example:
- Cervical sprain (whiplash) with 45 days off work: Compensation ranges from approximately €3,200 to €4,500, depending on whether the days are classified as moderate or basic (at €35.71/day for moderate days and €32.91/day for basic days).
- Radius fracture with 90 days of incapacity and minor aftereffects: The amount can reach €5,000–€7,000, combining days off work and compensation for aftereffects, depending on the victim’s age.
- Pedestrian accident with temporary incapacity (20 days in hospital and 60 days off work): In this case, compensation may exceed €7,000 just for the temporary injury, not including aftereffects or moral damages.
The baremo also contemplates compensation for special personal damages, moral damages, and medical expenses. Each case requires an individual assessment, and amounts can increase if there are permanent aftereffects or work incapacity.
How to claim compensation for a traffic accident in Elche? Step-by-step guide
The process for claiming damages from a traffic accident in Elche usually starts with an out-of-court claim to the insurance company. If no agreement is reached, a lawsuit must be filed at the courts of first instance in Elche, located at Calle Abogados de Atocha, 21. The legal deadline to claim is one year from the stabilization of injuries, according to Article 1968 of the Spanish Civil Code.
- Preliminary claim to the insurer: You must send a documented claim; the insurer has 3 months to make a "reasoned offer."
- Legal action: If the offer is insufficient or not made, a claim is filed at the civil court in Elche, either at the victim’s domicile or where the accident occurred. If a crime is involved (e.g., drink driving, serious injury), criminal proceedings can be initiated in the same judicial building.
- Medical assessment: The amount depends on independent medical expert reports and the medical documentation provided.
- Judgment and enforcement: The court will issue a decision setting the compensation in accordance with the current baremo. Judicial enforcement can follow if the insurer does not pay voluntarily.
In Elche, all judicial proceedings related to traffic accidents are processed at Calle Abogados de Atocha, 21, both civil and criminal.
What we offer to traffic accident victims in Elche
As a law firm experienced in defending traffic accident victims in Elche, we provide:
- Collaboration with independent medical experts for objective assessment of injuries and aftereffects.
- Extensive experience in negotiating with insurance companies, focused on defending your rights and obtaining fair compensation in accordance with the baremo.
- Representation throughout Spain, with face-to-face assistance in Elche and online options to suit your needs.
- No-obligation initial consultation, where we assess your case and guide you on the next steps.
If you have suffered an accident in Elche and need legal advice, we are available to support you throughout the entire process, from the initial claim to judicial or out-of-court resolution.
