Reforms have taken place in Spain. The Spanish system provides for compensation to be assessed by reference to guidelines known as the “Baremo”. It was recognised in Spain that the system in place and the damages awarded were not in line with the awards in other EU member states. Changes have therefore been brought in, which apply from 1 January 2016 to victims of road traffic accidents.
The Baremo sets the appropriate level of damages for injury, including those with permanent and temporary effects. In fact, Spanish awards have traditionally been more generous than those in England and Wales following a fatal accident, and I have previously blogged about the disparity between the awards in the Courts of England and Wales and other countries in Europe. The new Baremo modernises the system to reflect modern family structures and ensure more justice, leaving our system even further behind.
We act for a substantial number of clients that sustain injury or lose loved one as a result of a road traffic accident in Spain, as, of course, it is one of our most popular holiday destinations. In some cases Spanish law will apply to the assessment of damages, and therefore we welcome the revised guidelines and the justice they should provide for victims.
We look forward to working with our network of Spanish law experts to see how the new revised Baremo works in practice.
Joanne Berry is a principal lawyer specialising in travel related claims at Slater and Gordon in Manchester.
If you or a member of your family was injured in a road traffic accident overseas, Slater and Gordon No Win, No Fee Solicitors can help you with your claim for compensation. Call us on freephone 0800 916 9046, from abroad on +44 20 7657 155, or contact us online.