Have you had a road traffic accident and want to know how to proceed to claim your compensation?

March 18, 2015

If you were involved in a car accident, which resulted in you injuring yourself, it is always recommended that you seek legal advice from an expert Lawyer in order to optimize the compensation you are entitled to and obtain appropriate legal counsel with regards the steps to be followed.

Although we trust our Lawyer entirely, it is always convenient to know how a basic judicial procedure works in order to become aware of the available legal options and which phase of the procedure we are in. Generally speaking, we may say that there are two different legal approaches available when seeking compensation for personal injuries: a criminal procedure and a civil procedure.

Whereas the criminal procedure is a faster and less expensive route, the statute of limitations to file a civil action expires long after the criminal action and, therefore, if more than six months have passed since the accident, your only possibility would be to file a civil claim against the driver and his insurance company. Another difference between the civil and criminal jurisdictions is that in civil cases, not only is it necessary to have a Procurador and a Lawyer, but the claimant must also pay a judicial fee to the Court, as well as engaging the services of a private doctor to issue a medical certificate to be used as evidence in the trial session. In the hearing, all the evidence will be presented to the Court and the witnesses will be heard. After the hearing, the Judge will issue a ruling forcing the company to pay compensation or the Judge may also dismiss the case. This ruling may be appealed before the Provincial Court.

In the event that you were to initiate a criminal procedure and submit a report or denounce it at the Police Station or Court, the Judge will summon the victim in order to attend a medical test. This test will be performed by a Doctor who will issue a medical certificate with the valuation of the injuries. This valuation will be done on the basis of an official scale, by means of which the compensation may be calculated. Once the report has been issued, the Judge will summon the parties to a trial session.

Although on occasion an actual trial is held, insurance companies tend to reach an extrajudicial agreement prior to the hearing in order to terminate the procedure and pay compensation. If a minor offence trial is held, the procedure may end by means of a ruling which entitles the injured party to compensation. Nevertheless, the ruling may also acquit the denounced party. Please note that if the denounced party is acquitted, there is still a chance to file an enforcement claim before the civil jurisdiction. In the latter case, the advantage of having submitted a criminal report first is the positive result of obtaining a certificate issued by the Court´s Doctor, free of charge.

At www.compensacion.es our aim is to help you. It is very important for us that you fully understand our job and how the procedure works. Compensacion.es is one of the most reputed legal websites in the personal injuries field, not only for our high ratio of compensations earned but also because our Lawyers offer personal legal assistance to each individual, helping the client understand the procedure and focusing on his or her needs.

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