Post by account_disabled on Mar 12, 2024 3:43:14 GMT -6
In the ruling, the Chamber has pointed out that in this case the compensation was established before the death of the injured person through the motivated offer made by the insurer. Well, the reasoned offer carried out “was not for purely administrative purposes, or for prior negotiations between the parties, but for the purposes of settling the consequences of the incident with the compensation offered, making payments on account, which is why it binds the insurance company with respect to the injured party and, upon her death, with respect to her heirs .
Regarding the corresponding compensation to be Email Data received by the heirs, the Court has taken into account the extent of the injuries, as well as the consequences, which are included in the medical report. Said stable report that the healing period for the injuries was 321 days.
Furthermore, within that total healing period, the woman was admitted to the hospital for 12 days. This period constitutes serious damage in accordance with the provisions of article 138.3 of Law 35/2015. Therefore, 12 days of serious harm are established due to loss of personal autonomy during the period of hospital stay. "Therefore, the compensation for temporary injuries that must be recognized to the plaintiff amounts to the sum of 900 euros for the 12 serious days and 16,068 for the 309 moderate days, with a total of 16,968 euros."
Likewise, the five points that the plaintiff received for the post-fracture consequences amount to the sum of 3,318 euros. And, with respect to the particular personal injury of the deceased due to loss of quality of life due to consequences, another 30,000 euros in compensation are added . Expenses caused by the proven need for help from a third party to carry out household tasks due to the loss of personal autonomy are also compensable when the injured person returns to her home immediately after discharge from the hospital and during the period of fracture consolidation. Therefore, the amount admitted by the insurer as expenses prior to stabilization must be recognized for this concept: 5,654 euros.
Regarding the corresponding compensation to be Email Data received by the heirs, the Court has taken into account the extent of the injuries, as well as the consequences, which are included in the medical report. Said stable report that the healing period for the injuries was 321 days.
Furthermore, within that total healing period, the woman was admitted to the hospital for 12 days. This period constitutes serious damage in accordance with the provisions of article 138.3 of Law 35/2015. Therefore, 12 days of serious harm are established due to loss of personal autonomy during the period of hospital stay. "Therefore, the compensation for temporary injuries that must be recognized to the plaintiff amounts to the sum of 900 euros for the 12 serious days and 16,068 for the 309 moderate days, with a total of 16,968 euros."
Likewise, the five points that the plaintiff received for the post-fracture consequences amount to the sum of 3,318 euros. And, with respect to the particular personal injury of the deceased due to loss of quality of life due to consequences, another 30,000 euros in compensation are added . Expenses caused by the proven need for help from a third party to carry out household tasks due to the loss of personal autonomy are also compensable when the injured person returns to her home immediately after discharge from the hospital and during the period of fracture consolidation. Therefore, the amount admitted by the insurer as expenses prior to stabilization must be recognized for this concept: 5,654 euros.