Spanish reforms point to an increase in damages

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Currently, Spanish damages for personal injury are broadly based on the number of days spent in hospital, out of work and how long it takes for the injuries to settle.  Spanish medico-legal experts and insurers tend to interpret the recovery period very restrictively which leads to, often unacceptably, low awards for damages.   It is hoped that any reforms will bring Spanish damages more in line with those in the rest of Western Europe.  For example, a claimant with the same injuries in England or Norway could recover several million pounds, whereas in Spain their claim will only be worth several thousand.As a solicitor advising clients who have been injured in Spain, this is regularly a source of great upset and hardship.  This is particularly the case where the injuries involve a complete shift in life style for my clients.  I would strongly welcome reforms in this area.  And the Spanish government could certainly go further by extending their proposals to victims of all types of accident in Spain.  Beware, however, those already claiming for injuries in Spain may not benefit from the reforms as they are unlikely to be retrospective.

Chris Deacon, Solicitor - Claims Abroad

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