A family of Aragon has just achieved the greatest compensation known in Spain for a traffic accident: 3.7 million euros that it has already entered in full. The one affected by the incident is the seven -year -old son at the time of the events and was hit by a vehicle that was driving following the circulation standards. A day of mid -2023, the victim was on the street when he decided to cross the sidewalk in front, for which he left between two parked cars. Fatality wanted a tourism to pass it at that time and left it very serious. The child required intensive hospitalization and a long recovery, but still his condition changed irremediably. He stopped walking, talking and can barely communicate.
The calculatuindemnization lawyers team took over the case when the child had been admitted to the hospital for a week and the child’s prognosis was not yet known. “The parents were at that time misplaced, they explained to us in what circumstances the accident occurred, but at that time they were very lost with the whole medical issue and did not know how to manage everything that happened,” explains Víctor Climent, general director of the company. The team assumed the cause and immediately saw that the legal route to claim compensation was to exonerate the child from responsibility, although he had crossed badly.
The argument they used was simple but effective. An adult in the same situation would be considered guilty of the accident and would not receive compensation. However, being a 14 -year -old, the legislation exempts him from responsibility by not having full capacity to discern between the right and wrong. “We are in favor of a friendly negotiation before reaching the judicial route and in this case there was a predisposition for dialogue, although this has been extended for a year until the final result,” The investigation concluded that the driver had not incurred any infraction and circulated correctly, but could not dodge the little one who appeared surprisingly.
What has been discussed in this year and how has it reached the figure of 3.7 million? The agreement reached between calculatuindemnization and reale insurance contemplates all the expenses that have been generated at this time, such as the adaptation of a house to the new conditions of the child, the transfers to other cities for medical tests, the rooms and the hiring of a specialized caregiver for the child. But an estimate of everything that the child will need for the rest of his life has also been made.
-This calculation could not be done from the first moment, we had to wait to reach the stabilization phase, that is, when the hospital care would conclude and the definitive scope of the injuries could be seen. In this case, doctors valued body damage by 98 and foresee that the recovery from now on will be minimal. The degree of dependence is maximum and presents bodily rigidity and inability to communicate. “It has been essential that we had medical tests and reports that each of the concepts for which we requested this compensation were accredited,” says Climent. After the first attention in an Aragonese center, he moved to the child to another service specialized in Madrid and finally to another in Barcelona of neurosurgery and rehabilitation.
Compensation also includes all aspects in which this new situation will condition the lives of their parents, which are also a vulnerable extract and do not have much family roots in the place where the incident occurred. The family itself has asked that there are no more details about the case, such as the concrete city in which the accident occurred, to maintain its privacy. They will be the ones who will have to take charge forever of the possible rehabilitation and care of the child and give up work to devote themselves to their child. The 3.7 million also contemplate the loss of child opportunities, the purchase of the wheelchair, the necessary future adaptations of the house and vehicles to the child, and the coverage of a permanent assistance person for the victim.
“The life of this family has changed completely, now they have to fully devote themselves to the attention to the child. 3.7 million may seem a very high figure, and it is, but if you divide it in all the years of life that they have left and the care it will require, it is not an astronomical figure. Only in the house a large part is going,” says the general director of Calculatuindemnization. With extrajudicial negotiation, both parties have saved to reach an oral view and subsequent resources, a process that can last years. In this way, the parents entered the full money at the end of last year and the first thing they did was acquire a house adapted to the needs of their son.
In April 2024, a sentence was known that until now had established the largest compensation granted to date: 3.3 million euros. In that case, a home employee who was going on the way to pick up the baby from his employer was hit in a duly marked pedestrian crossing and in which the driver did not reduce his speed. As a consequence, the victim suffered multiple fractures and a severe cranial trauma. The events occurred in 2016 and had to remain admitted for more than a year to heal their injuries and make rehabilitation.
