Artículo de Oya Abogados & Asesores sobre Indemnizaciones

El pasado 1 de enero entró en vigor la Ley 35/2015 de Reforma del sistema para la valoración de los daños y perjuicios causados a las personas en accidentes de circulación. Esta reforma fija los nuevos valores para las indemnizaciones por accidentes de tráfico que se produzcan a partir de esta fecha.


Con la presente modificación se busca otorgar indemnizaciones más acordes a la situación de la víctima, teniendo en cuenta las circunstancias personales, familiares y profesionales de los perjudicados.

No obstante, este baremo no solo servirá para establecer las indemnizaciones por accidentes de tráfico, ya que como ha señalado repetidamente la jurisprudencia al respecto, este marco legal también será aplicable a otros daños sufridos por las personas en accidentes de trabajo o por mala praxis médica, por ejemplo.

Por ello, desde Oya Abogados & Asesores les detallamos las principales novedades que se introducen en esta norma:

– Distinción de conceptos indemnizables:

El nuevo baremo distingue tres daños indemnizables como son:

a) Perjuicio personal básico, equivalente al total de días «no impeditivo» del lesionado desde la fecha del accidente hasta su curación.

b) Perjuicio personal particular, “por el impedimento o la limitación que las lesiones sufridas o su tratamiento producen en su autonomía o desarrollo personal”, distinguiéndose en tres grados: muy grave, grave y moderado.

c) Perjuicio patrimonial, que distingue entre daño emergente y lucro cesante.

– Cuantía de las indemnizaciones y beneficiarios:

Como comentábamos al inicio del artículo, con este nuevo baremo lo que primordialmente se ha intentado es el aumento de la protección de las víctimas. Partiendo de este objetivo, se ha incrementado hasta en un 50% de media la cuantía de la indemnización en el caso de fallecimiento, e incorporando en la cobertura los gastos derivados de nuevos perjuicios como los importes médicos futuros, ciertos gastos de rehabilitación o necesidades de recambio de prótesis de lesionados graves.

Asimismo, y para ampliar la protección, los familiares de víctimas fallecidas o de grandes lesionados tendrán derecho al resarcimiento durante un máximo de 6 meses de los gastos de tratamiento médico y psicológico que precisen debidos a las alteraciones psíquicas que les haya causado el accidente.

Haciendo un análisis comparativo de la cuantía de las indemnizaciones con el nuevo baremos con respecto al baremo anterior, se ha producido el siguiente aumento:

– Un incremento del 50% de media para las indemnizaciones por muerte, del 35% para las indemnizaciones por secuelas y de un 12,8% por lesiones.

Recuerde que en Oya Abogados & Asesores contamos con un equipo de abogados especializados en este tipo de procedimientos. Por ello, si tiene cualquier consulta al respecto, no dude ponerse en contacto con nosotros llamando al 958 094 400 o visitando nuestras oficinas de Camino de Ronda número 133. Nuestra compañera Cristina Gallego, abogada experta en Derecho Penal y Tráfico, podrá resolver todas sus dudas y velar por sus intereses.

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