Baremo

The new scale system improves compensation for damages suffered in a traffic accident to put the victim in a position as close as possible to that of the accident would not have occurred. To this end, new compensatory harmed and new concepts that are not included in the above scale are identified. Systematized and provided with proper nouns compensation for property damage (consequential damages and lost profits) than the previous Baremo provided an insufficient way and is updated by increasing the compensation, highlighting in particular those which relate to cases of death and major injuries. The new system maintains the division into three main types of damage: death, permanent injury or sequelae and temporary injuries, based on a distinction between physical and nonphysical damages (moral) also taking into account the individual characteristics of the injured. Thus the basic personal injury, individuals and property are valued.

In the field of moral or pecuniary damages, the biggest news is in the restructuring of key personnel injury in compensation due to death and their relationship with the particular harm, which is now extended. Thus, unlike the previous system, which shaped to injured parties in exclusive groups, the new scale set losers in five autonomous categories and considers always suffer compensable injury and the same amount regardless of whether they attend or not with other categories of injured. In addition, the condition of tabular injured is completed with the notion of functional harmed or by analogy, which includes those persons who actually and continuously exert the functions for failure or absence does not exercise the person belonging to a particular category or they assume their position. The scope of the tabular damaged condition is restricted to be established that may cease to be when circumstances indicating family disaffection or non-existence of any personal or emotional relationship "involving the absence of damage to compensate".

The correction factors disappear and move to the area of ​​individual damages and property damage. These particular prejudices of moral and patrimonial compensable concepts are increased.

Another new feature of the new system is called "financial damage" which is one of the aspects that has changed with respect to the system 1995 and one of the most relevant is when assessing the compensation the injured. The new scale classifies and regulates expenses to compensate and rationalizes the calculation of lost profits by introducing an actuarial model based on two variables: the multiply, identified with net income of the victim and the multiplier, based on actuarial factors such as hope life, duration of injury, the interest rate and deduction of public pensions.

It is of special mention, recognition of the new scale of the financial loss associated with unpaid domestic work (household chores) in which an economic value rate and permanent injuries lost profits under 30 years pending access labor market and by the after-effects can never enter the labor market or be limited for work