Tort Law – Damages and Injuries

It is very likely that at some point during your stay in Spain you may have had a mishap or accident that has caused you some damage either there are physical, moral or economic damages.

It is very probable that it was either as a consequence of a motor vehicle accident; or as a consequence of an accident at work; or a fall on the street as a consequence of the bad state of the roadway; or, your dwelling that presents constructive damages, etc.

Well, if you are in any of these situations you should be very clear about what your rights are and how to exercise them in Spain.

Lawyers from Alicante Carlos Baño León have for many years defended and represented the interests of people who at some point in their lives have been involved in some type of accident of this kind that has caused them damage.

This Alicante law firm is a member of the Asociación DIA, an association of accident victims, so our experience in this field is very broad.

You could hire our services although you have an insurance that covers civil liability and appointment of lawyer.

When you report to your insurance company, you have to inform them too about your wish of hiring you own lawyer and the insurance company will accept and pay for this.

With this we mean that we will be paid by your insurance company, due to the fact that you are not obliged to accept the lawyer the insurer selects for you.

In many occasions clients call us and they tell us if they can contract us and that later we deal with the insurance company at the time of invoicing and our answer is always positive and we contact the company to pass our invoice to them and in every moment the client never stops having our assistance.

It is therefore very important, that you don’t hesitate to inform the insurance company not only the accident or loss but also your desire to hire a private lawyer.

Ask us for our help and we will gladly provide it and trust in our professional experience of the courts in all types of legal claims relating to tort law.

As Law of Tort we understand the rules that regulate the harmful consequences that one person causes to another as a result of his or her actions, either in the compliance of a contract or in a non-contractual way, establishing its compensation; the different legal treatment depending on whether it derives from the first or the second case as well as the criteria of imputation and its consequences and the prescription of the actions, among other matters.

The Law of Tort is not contemplated and regulated legally, but it has been systematized by the Doctrine and the Jurisprudence trying a regulation of the offense and of the damages in a coherent and systematized way, although is contemplated in diverse rules and special laws.

Thus, although the Civil Code contains a fundamental regulation, it is true that other legal texts include cases of civil liability; for example, the Criminal Code regulates liability arising from a crime and many other cases that will be mentioned later when we deal with cases of extra-contractual liability.

The liability understood as the imputation for the consequences of a harmful or detrimental act has a lot of doctrinal literature, but it has been the Courts who have increasingly defined the criteria of imputation and its consequences.

We must distinguish two types of liability according to whether or not it derives from a previous legal relationship between the parties or to whether it is coincidental.

Contractual liability is regulated in articles 1.101 and following of the Civil Code and derives from the fact that in the compliance of obligations a person is liable for damages that may cause.

Non-contractual liability is mainly regulated in articles 1.902 and following of the Civil Code but as we have already said above it is contemplated in other legal texts, such as the regulations on motor vehicle traffic; liability for defective products; asset liability of the Government; liability for occupational accidents; aerial navigation; sailing; hunting, etc.

The different regulation of each of these liabilities has its basis and justification. However, we are not going to deal with this matter now but to highlight those differences.

In the first place, for the concurrence of contractual liability, the contributory fault or willful intent is required; whereas for the extra-contractual, simple negligence is often enough, and on many occasions, liability is most frequently derived from a risky activity, called objective fault, of which we will speak later.

Secondly, there would be the burden of proof, which in contractual liability only requires proof of the contractual link and the existence of damage; in non-contractual liability, the existence of guilt must be proven, as well as the existence of a causal relationship between the act or omission and the damage suffered.

Thirdly, it has a different regulation with regard to the prescription since contractual liability prescribes after 5 years with the new regulation; the extra-contractual liability prescribes after one year.

As to what compensation for damages consist of, it is always necessary to speak of actual damages suffered; of profits that weren’t obtained and of moral damages, which must be proven being the moral damages examined judicially.

Below you will find the activity areas of this law firm within this very important area of law.

Professional liability.

  • General professional liability.
  • Health Responsibility.
  • Attorney’s liability.
  • Liability of Tax advisor.
  • Liability of Administrators.
  • Professional indemnity insurance.

 

Civil liability derived from the circulation of motor vehicles:

  • Civil liability derived from traffic accidents.
  • Automobile civil-liability insurance.
  • Bodily harm assessment: scale and compensations according to Law 35/2015, of September 22nd.
  • Judicial and extrajudicial claims for the resolution of conflicts in traffic accidents.

 

Civil liability derived from business practice

  • Liability of the employer for the damages caused by their assistants.
  • Liability for defective products.
  • Liability of the employer for work accidents.
  • Civil liability in the building.

Our firm has experience in this kind of claims that although they were born from the same legal source, they have been acquiring a very different legal and procedural development, hence starting any type of legal claim of this type requires a significant procedural and material knowledge and, therefore the choice of the professional to whom to entrust this type of claim is very important.

Do not hesitate to consult Alicante lawyers of Carlos Baño Leon as experts in this branch as important as damages.

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