Traffic accidents in Gijón: a practical and legal analysis
Local context: claims after accidents in Gijón
In Gijón, judicial proceedings arising from traffic accidents are typically handled at the courts located at Pza. Decano Eduardo Ibaseta, 1 (postal code 33207), the seat of the Civil Section of the Gijón Court of First Instance. This location is crucial for any legal claim following an accident, as it is the reference point for both civil lawsuits and the processing of civil liability cases related to road traffic accidents.
The 2024 traffic compensation scale: specific compensation figures
The amount of compensation for personal injuries in traffic accidents in Gijón is determined according to the 2024 traffic compensation scale, applicable throughout Spain. For example, a post-traumatic cervicalgia (whiplash) with 45 days of moderate personal injury and no permanent after-effects is compensated with approximately €3,555 (at €82.28/day for moderate personal injury). If there are also minor permanent injuries valued at 2 points, compensation for these would be about €1,000 extra (around €500 per point for minor sequelae in young adults). In the case of a humerus fracture with 60 days off work, compensation can exceed €6,000, depending on age and the presence of functional after-effects. Compensation for financial loss (loss of earnings, medical expenses, etc.) is added to these amounts when applicable.
Claiming compensation in Gijón: concrete steps and deadlines
After an accident in Gijón, the out-of-court claim must first be submitted to the liable insurer, which then has a legal period of three months to present a reasoned settlement offer, as established by Article 7 of the Spanish Law on Civil Liability and Motor Vehicle Insurance. If the offer is unsatisfactory or there is no response, the lawsuit should be filed with the Gijón Courts of First Instance at Plaza Decano Eduardo Ibaseta, 1. The deadline for civil action is one year from the stabilization of injuries (not from the accident), according to Article 1968 of the Civil Code. If the injuries could constitute a criminal offense, the case is handled by the Criminal Courts, but in most cases of minor injuries, the procedure is civil. It is essential to document all personal and material damages and keep medical reports, police records, and expert evidence at all times.
What our firm offers in Gijón
Our Gijón-based law firm defends your rights throughout the entire traffic accident claim process, both out-of-court and judicial. We work with independent medical experts to properly assess and document injuries, supporting evidence before insurers and the Gijón courts. We have experience negotiating with insurance companies and operate throughout Spain. We offer both in-person and online assistance in Gijón, adapting to each client's needs. The first consultation is without obligation, where we will analyze your case and explain the next steps to defend your interests under current regulations.
