“Helping victims of uninsured and hit-and-run drivers”
“10. MIB is approved as the compensation body for the United Kingdom for the purposes of the fourth motor insurance directive”
“Entitlement to compensation where vehicle or insurer is not identified 13. —(1) This regulation applies where— (a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA State, occurs on the territory of— (i) an EEA State other than the United Kingdom, or (ii) a subscribing State, and an injured party resides in the United Kingdom, (b) that injured party has made a request for information under regulation 9(2) , and (c) it has proved impossible— (i) to identify the vehicle the use of which is alleged to have been responsible for the accident, or (ii) within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle. (2) Where this regulation applies— (a) the injured party may make a claim for compensation from the compensation body, and (b) the compensation body shall compensate the injured party in accordance with the provisions of Article 1 of the second motor insurance directive as if it were the body authorised under paragraph 4 of that Article and the accident had occurred in Great Britain.”
"... a judgment is not a summing-up in which every possible relevant piece of evidence must be mentioned."
“No judge would consider it proper to reach a conclusion about a witness’s credibility based solely on the way that he or she gives evidence, at least in any normal circumstances. The ordinary process of reasoning will draw the judge to consider a number of other matters, such as the consistency of the account with known facts, with previous accounts given by the witness, with other evidence, and with the overall probabilities. However, in a case where the facts are not likely to be primarily found in contemporaneous documents the assessment of credibility can quite properly include the impression made upon the court by the witness, with due allowance being made for the pressures that may arise from the process of giving evidence.”
“I then started to walk out of the club on my own looking for a taxi. I left the yacht club whilst KLQ was still saying goodbye to people. I decided to turn right and I walked downhill along Carrer Comellars in the hope I could find a taxi rank. I was on my own. I looked down the road and saw 6 buildings to the right and the seaside at the end of the road. I thought that the most likely place to find a taxi or find a taxi rank was there, so I walked in that direction. I decided to cross the road. I saw a zebra crossing and walked towards it. When I got to the crossing I looked up and down the road and saw a car in the distance. The car was very far away in the distance, so I thought it was safe for me to cross the road. I then started to cross the road. I remember being on the zebra crossing but I do not remember how far across I was. My last memory is of walking across the zebra crossing. My next memory is of being in hospital in England.”
“Ms Wyles: You had at least as many drinks as KLQ? DHV: Is that an accusation? I’m not answering that.”
“86. I am extremely worried about what the future holds for me, because I do not know what other job I could do. Almost all my working life has been in roofing. I can deal with the paperwork side of a business but don’t have the skills to sit in an office all day and in any event have no desire or aptitude for that type of work.”
“I did not see the impact itself, I only saw the back of the car travelling down. I heard the impact. I heard a very big noise. Then the tyres skidded in the road.”
“25. In this context, it is my opinion that, when dealing with a victim whose domicile is outside Spain, wherever possible, and in attendance to the criteria under the Baremo, the personal circumstances of the victim should be taken into account.”
“77. In this context, it is my opinion that, when dealing with a victim whose domicile is outside Spain, wherever possible, and in attendance to the criteria under the Baremo, the personal circumstances of the victim should be taken into account.”
“55. On17 October 2017 Dr Jain made an urgent referral to CMHT as the Claimant was considered to be at high risk with suicidal thoughts. 56. On25 October 2017 , the Claimant was discharged by his treating Consultant Psychiatrist.”
“102. On the17 October 2017 Dr Jain made an urgent referral to CMHT as the Claimant was considered to be at high risk with suicidal thoughts. 103. On the25 October 2017 , the Claimant was discharged by his treating Consultant Psychiatrist.”
“I am saying it would not be fair to adjust to apply it in the same way and it would not allow for ‘just repair’ for the injured person. If the cost of care in that country were lower, then I would take into account the lower cost of care there or it would be unjust enrichment of the person. Therefore, one should use the Baremo system and then adjust for different situations in other countries.”
“that part of the law of England and Wales which deals with cases having a foreign element. By a ‘foreign element’ is meant simply a contact with some system of law other than English law. Such a contact may exist, for example, because a contract was made or to be performed in a foreign country, or because a tort was committed there.”
“It cannot be the case that the Regulation envisages that the law of the place where the damage occurs should govern the way in which evidence of fact or opinion is to be given to the court which has to determine the case. An English court is ill-equipped to receive expert evidence given in the French manner.”
“it is unrealistic and inefficient to expect courts to adopt the evidential practices of a different jurisdiction when determining questions of fact. The courts of each European jurisdiction have developed evidential practices with which both their judges and practitioners are comfortable. Germany, for example, has developed the ""Relationsmethode"", in which the judge exercises a high degree of control over the evidence to be received as the case develops. The Netherlands have a different procedure, although there too the judge takes a dominant role in the questioning of any oral witnesses. France has the procedures described by the experts in this case. If an Englishman is injured in one of those jurisdictions and sues there, it is inconceivable that the local courts will meekly adopt English evidential practices. There is no way that those courts would countenance several days of oral evidence and extensive cross-examination of experts in order to assess quantum of damages. The judges and practitioners do not have the requisite experience to adopt our evidential practices. We do not have the requisite experience to adopt theirs.”
“6. The proper functioning of the internal market creates a need, in order to improve the predictability of the out- come of litigation, certainty as to the law applicable and the free movement of judgments, for the conflict-of-law rules in the Member States to designate the same national law irrespective of the country of the court in which an action is brought.”
“16. … rules should enhance the foreseeability of court decisions and ensure a reasonable balance between the interests of the person claimed to be liable and the per- son who has sustained damage. A connection with the country where the direct damage occurred (lex loci damni) strikes a fair balance between the interests of the person claimed to be liable and the person sustaining the damage, and also reflects the modern approach to civil liability and the development of systems of strict liability.”
“17. The law applicable should be determined on the basis of where the damage occurs, regardless of the country or countries in which the indirect consequences could occur. Accordingly, in cases of personal injury or damage to property, the country in which the damage occurs should be the country where the injury was sustained or the property was damaged respectively.”
“18. The general rule in this Regulation should be the lex loci damni provided for in Article 4(1). Article 4(2) should be seen as an exception to this general principle, creating a special connection where the parties have their habitual residence in the same country. Article 4(3) should be understood as an ‘escape clause’ from Article 4(1) and (2), where it is clear from all the circumstances of the case that the tort/delict is manifestly more closely connected with another country.”
“31 The inference is that, to whichever special provision of the Fourth Directive the victim of a motor accident may have to have recourse, the compensation to which he or she is entitled is and remains the same. It is the same compensation as that to which the victim is entitled as against the driver responsible, or his or her insurer, or, that failing, as against the guarantee fund of the state of the accident. The compensation remains the same if and when the victim has recourse instead to the compensation body established in his own state of residence under article 6 or 7. … If the victim chose or were led to pursue the responsible driver or a direct action against his or her insurer or a claim against the insurer’s local claims representative, the measure would be that applicable in the state of the accident. 32 In the case of a claim against the driver responsible or his or her insurer or the guarantee fund of the state of the accident, such compensation would normally be measured in and under the law of the state of the accident. … the reference to applying the laws of the member state to the payment of compensation is further confirmation of an intention that the law of the state of the accident should govern liability and the measure of compensation. 33 … clauses 7.2 and 8.2 of the agreement between compensation bodies and guarantee funds expressly provided that the compensation body established to give effect to those articles was to “apply, in evaluating liability and assessing compensation, the law of the country in which the accident occurred”, and, further, indicated that the final paying guarantee fund might refuse reimbursement to the extent that the compensation body had “not observed the rules of applicable law”
“37 Second, the provisions of article 6 and 7 regarding reimbursement are significant. Under article 6(2) what is clearly envisaged is that the compensation body in the state of the victim's residence should be able to recover from the compensation body in the state of the insurer the whole sum that the former compensation body has paid out to the victim. The latter compensation body is then subrogated to the victim's rights against the responsible driver or his insurer ""in so far as the compensation body in the member state of residence of the injured party has provided compensation''. But, on the analysis accepted by the Court of Appeal in the Jacobs case[2011] 1 WLR 2609 and supported on this appeal by Mr Beard, there is no necessary correlation between the amounts paid out by the compensation body of the state of the victim's residence and that recoverable from the compensation body of the state of the insurer or that to which that latter compensation body is subrogated. Clauses 7.2 and 8.2 of the agreement between compensation bodies and guarantee funds would bar the compensation body which paid the victim from recovering more from the compensation body of the state of the insurer than was payable in respect of the claim under the law of the state of the accident.”
“Article 4 General rule 1. Unless otherwise provided for in this Regulation, the law applicable to a non-contractual obligation arising out of a tort/delict shall be the law of the country in which the damage occurs irrespective of the country in which the event giving rise to the damage occurred and irrespective of the country or countries in which the indirect consequences of that event occur. 2. However, where the person claimed to be liable and the person sustaining damage both have their habitual residence in the same country at the time when the damage occurs, the law of that country shall apply. 3. Where it is clear from all the circumstances of the case that the tort/delict is manifestly more closely connected with a country other than that indicated in paragraphs 1 or 2, the law of that other country shall apply. A manifestly closer connection with another country might be based in particular on a pre-existing relationship between the parties, such as a contract, that is closely connected with the tort/delict in question.”
“The preamble is an aid to the interpretation of the measure; but a recital in the preamble is not a legal ruleand words used in the preamble cannot alter the scope of the provision being construed where they are not endorsed by the latter.”
“Indeed, a recital in a regulation, although it may shed light on the interpretation to be given to a rule of law, cannot in itself constitute such a rule.”
“29. Provision should be made for special rules where damage is caused by an act other than a tort/delict, such as unjust enrichment, negotiorum gestio and culpa in contrahendo.”
“Nevertheless, as a mere recital in an instrument dealing with rules of private international law, [recital 33] cannot possibly modify the rules applicable to the assessment of damages in Member States, and it cannot alter the way in which the Rome II Regulation … approaches these questions.”
“Lastly, although the lex loci damni may, in some circumstances, be considered to be unfavourable where the more or less direct victims have their habitual residence in a country other than the country in which the accident occurred, recital 33 in the preamble to the Rome II Regulation specifically requests the court seized to take into account, when quantifying damages for personal injury, ‘all the relevant actual circumstances of the specific victim, including in particular the actual losses and costs of after-care and medical attention’. The court is therefore requested, as far as possible, to take into account, in particular in assessing damage suffered by persons who are not resident in the country where the fatal accident occurred, differences in the standard of living and the expenses actually incurred or borne by those victims in their country of residence.”
“Commission Statement on road accidents The Commission, being aware of the different practices followed in the Member States as regards the level of compensation awarded to victims of road traffic accidents, is prepared to examine the specific problems resulting for EU residents involved in road traffic accidents in a Member State other than the Member State of their habitual residence. To that end the Commission will make available to the European Parliament and to the Council, before the end of 2008, a study on all options, including insurance aspects, for improving the position of cross-border victims, which would pave the way for a Green Paper.”
“This recital does appear to contemplate that, at least in road accident cases, the court determining compensation should have regard to loss incurred in the state of the victim’s habitual residence in particular the costs of after-care and medical attention. That is no doubt partly because they are matters of fact, often calculated by the court of habitual residence and, inevitably, according to rules of evidence and procedure which may be different from rules of evidence and procedure applicable in the state where the damage occurs.”
“In the light of recital (33) to the Regulation, I do not consider that the same evidence is necessary or called for in respect of the pecuniary losses suffered by the claimant.”
“16 It is therefore gratifying that Professor Andrew Dickinson in his valuable monograph The Rome II Regulation: The Law Applicable to Non- contractual Obligations (2008) appears to agree. In chapter 3 on ""Foundations and Scope'' he says at para 3.39: ‘the direction to "apply' the "law' of a particular country must not be understood as requiring the member state court to put itself in the position of a court of that country and to decide the case as that court would have decided it. Instead, it requires the member state court to take from the legal order of the country whose law applies rules of the kinds specified, in particular, in article 15 (scope of the law applicable) and to import those rules into its own legal order.’” ‘the direction to "apply' the "law' of a particular country must not be understood as requiring the member state court to put itself in the position of a court of that country and to decide the case as that court would have decided it. Instead, it requires the member state court to take from the legal order of the country whose law applies rules of the kinds specified, in particular, in article 15 (scope of the law applicable) and to import those rules into its own legal order.’”
“I agree with Longmore and Jackson LJJ that the evidence should not be confined to rules which dictate a result or to black letter rules; but should extend to judicial conventions and practices such as tariffs, guidelines or formulae used in practice by foreign judges in the calculation of damages, as suggested by Professor Dickinson.”
“the [English] court will establish the facts using English evidential practices. It will then assess damages in accordance with French law (‘law’ being broadly construed, as set out above).”
“But in relation to claims for personal injuries one may say that provisions of the lex delicti, denying, or limiting, or qualifying recovery of damages because of some relationship of the defendant to the plaintiff, or in respect of some interest of the plaintiff (such as loss of consortium) or some head of damage (such as pain and suffering) should be given effect to.”
“2. The principle of full reparation is intended to ensure full compensation for the damages suffered. Compensation under the system considers any personal, family, society and economic circumstances of the victim, including those affecting loss of income and loss or diminution of earning capacity.”
“There is no judge in Spain that has ever applied foreign damages in Spain. When I started practising it was before Baremo. You could get very high compensation. The insurance industry was about to collapse. So the first Baremo system was introduced. It was not good and was revised in 2015. There was then a good system of compensation and it was “full reparation”, but within the limits of the Baremo.”
“5. The objective nature of the valuation of the damage means that compensation is paid in accordance with the rules and limits established in the system, so that compensation cannot be set for concepts or amounts other than those provided for therein.”
“11. First, the task of the trial judge when there are disputed questions of foreign law is to determine what the highest relevant court in the foreign legal system would decide if the point were to come to it: Dexia Crediop SpA v Comune di Prato[2017] EWCA Civ 428 ; [2017] 1 CLC 969 (“Dexia”), para 34; Morgan Grenfell & Co Ltd v SACE Istituto per I Servizi Assicurativi del Commercio[2001] EWCA Civ 1932 (“Morgan Grenfell”), para 50. It is not sufficient for a party to identify a judgment of a foreign court of first instance which may be on point and assert that the task of the appellate court is simply to analyse that judgment.”
“Approach to issues of foreign law 34. English law treats foreign law as a question of fact proved by the evidence of suitably qualified experts in the relevant foreign law. In the case of disputed questions of foreign law, the task for the trial judge is to determine what the highest relevant court in the foreign legal system would decide if the point had come before it.”
“Therefore, it is not possible to invoke the principle of full reparation as an absolute and unlimited rule, but rather as a relative and limited rule, subject to the criteria and limits established in the Baremo itself. This is the interpretation that has been consistently followed by the Supreme Court, which has repeatedly affirmed that the Baremo constitutes a closed system, with its own logic and coherence, which must be applied integrally and exhaustively, without resorting to other legal sources or criteria.”
“75c. Objectivity in the valuation of the damages which means that compensation is paid in accordance with the rules and limits established in the system, so that compensation cannot be set for concepts or amounts other than those provided for in the system. … 77. Both experts agree that in order to carry out the assessment of damages in objective terms, this must be done, in any event, according to the rules and limits established in the system, the so-called Baremo.” system, the so-called Baremo.”
“The Baremo prescribes tables. Some people will do well out of those table limits, others less well. But it cannot be seen as objectively “full reparation” although that is the avowed spirit of the Baremo and its purpose. It is full reparation within the scheme or there would not be a scheme. Everyone in Spain gets the same, no matter where you live in Spain. There is not one Spain but many Spains. The cost of living difference between Extremadura and Barcelona is very great, but the injured person will get the same in both places. If there is a system with maximums, then it cannot provide full reparation by definition.”
“Mr Alia [Gornals] said that he was the driver involved in the collision, and he told us that he was coming from Cala Egos towards Cala D’Or to go running, as he often does at night. He said that he was driving in his lane, at a speed of approximately 40 km/h, that he was focused on the road and felt something hit his vehicle, braked and stopped a few metres ahead. Until he got out of the vehicle, he was not aware that he had hit a person.”
“At the location, we found EUSEBIO SANCHEZ ALVARO … who said that he witnessed the accident and gave us his details in case they were needed, in case we wanted to call him in to describe what he had seen.”
“20. I have in my head an image of DHV stepping off the road but I cannot quite say that I saw it. It all happened very quickly. I saw the car coming down very fast, When I saw the report, I thought the car was travelling at 40mph and I was OK with that, this is the speed I would say he was doing, 35 to 40 mph. As I reckon now that 40km/h is 25mph I would say no way – the car was going faster than that.”
“M. Gornals was at fault and negligent in that he: (a) Drove too fast in all the circumstances.” (a) Drove too fast in all the circumstances.”
“(b) Failed to slow down in the vicinity of a pedestrian crossing. (c) Failed to keep a proper look out. (d) Failed to see the Claimant in the road in time or at all. (e) Failed to brake in time or at all so as to avoid a collision.”
“None of the people who were with the injured man wanted to make a statement, as they were very nervous. They simply told us that they were coming from a wedding and that the person who was hit had been very drunk.”
“that where there is concurrent fault of both the victim and the driver, then recovery of damages is reduced in proportion to the comparative fault and responsibility of each of them. This obviously involves looking at both the degree of fault and the contribution that that fault made to the outcome.”
“He is acknowledging that he was driving without looking around him. He did not see that there was an obstacle in front of him. Before the collision he did not see it. The fault of the driver is of such intensity that it absorbs any slight lack of diligence that could be attributed to the pedestrian. The circumstances actually concurrent in circulation are the fundamental parameter from which the behaviour of the driver of the vehicle has to be assessed in order to determine whether the accident is or is not related to his duty to drive in with foresight and in a safe manner that enables him to control his vehicle at all times without risk to other users (art. 45 RGC).”
“the driver can circulate [drive a vehicle] with the reasonable expectation that no pedestrians will stand in the trajectory of the vehicle when the vehicle has the right of way.”
“B) HEARING SYSTEM 02028 Loss of hearing acuity. (See tables B and C). 1-70 The evaluation of a hearing deficit must be based on a clinical examination complete and thorough accompanied by evidence which must include, at a minimum, a tone audiometry, a vocal audiometry and a impedanciometry (tympanometry with determination of the threshold of reflexes stapedians). The reality of hearing loss can be confirmed by the performance of objective tests such as otoacoustic or potential emissions auditory evoked. The assessment is carried out in two stages; determination of the average hearing loss measurement and evaluation of possible auditory distortions.” 02028 Loss of hearing acuity. (See tables B and C). 1-70 The evaluation of a hearing deficit must be based on a clinical examination complete and thorough accompanied by evidence which must include, at a minimum, a tone audiometry, a vocal audiometry and a impedanciometry (tympanometry with determination of the threshold of reflexes stapedians). The reality of hearing loss can be confirmed by the performance of objective tests such as otoacoustic or potential emissions auditory evoked. The assessment is carried out in two stages; determination of the average hearing loss measurement and evaluation of possible auditory distortions.”
“Article 37. Necessity of medical report and reciprocal duties of cooperation 1. The determination and measurement of sequelae and temporary injuries must be carried out by means of a medical report in accordance with the rules of this system.”
“Article 40. Time of determination of the amount of the compensatory items 1. In any event, such discounting shall not apply from the time when any interest in arrears begins to accrue.”
“Article 116 Home and Outpatient Rehabilitation 1. The injured person shall be reimbursed directly the amount of the costs of future rehabilitation which, according to the corresponding medical report, the injured person requires at home or in an outpatient setting in respect of the sequelae referred to in letters a), b) and c) of paragraph 3 of article 113, after which stabilisation occurs. Article 113. Foreseeable future healthcare costs 3. The sequelae which, in any case, give rise to compensation for future healthcare costs are: a) Chronic coma or chronic vegetative states. b) Very severe and severe neurological sequelae. c) Spinal injuries equal to or greater than fifty points. d) Amputations or other sequelae requiring the fitting of prostheses.”
“The maximum amount of compensation is the amount set out in Table 2.C for this type of expense.”
“Article 121. Need for assistance from a third person Need for assistance from a third person 1. The need for third person support is set out in table 2.C.2 of Third-Party Assistance when: a) the psychophysical, organic or sensory impairment of a sequela is equal to or greater than fifty points or the result of the concurrent sequelae, after application of the corresponding formula, is equal to or greater than eighty points; or b) despite not achieving the score indicated in the previous section, it is considered that such assistance is necessary because personal autonomy is particularly affected. 2. In the cases not foreseen in the table, this aid may only be compensated if a loss of personal autonomy analogous to that produced by the sequelae foreseen in the table is accredited by medical expert evidence.”
“Article 37. Necessity of medical report and reciprocal duties of cooperation 1. The determination and measurement of sequelae and temporary injuries must be carried out by means of a medical report in accordance with the rules of this system.”
“a) Memory disorders resulting in learning limitations and recall difficulties. b) Moderate emotional symptomatology: Episodes of habitual irritability before stressful situations or flattened affect with easy crying or almost daily apathy. Occasional episodes of euphoria or inappropriate expressions of joy with lack of control and impulses. Common sleep disturbances that affect the patient's daily activities. c) Cognitive disturbances observed by third parties in the patient's surroundings: memory and concentration disturbances. Self-referential ideas or occasional suspicions. Moderate difficulty to carry out work activities. Language disturbances are detected during speech: presence of circumstantial language. d) Significant reduction in social activity with gradual disappearance of interpersonal relations. e) Requires some supervision of some activities of daily living.”
“Dr Scott observed a range of ‘above’ and ‘high’ average scores for memory new learning ability and general non-verbal intellectual skills that suggest a good cognitive recovery and will represent a useful intellectual reservoir that he can draw on in the future. There was some relative weakness on auditory memory tasks when assessed by Professor Worthington but this had improved at Dr Scott’s examination and in any event this may have been a longstanding area of weaknesses given his previous ADHD diagnosis.”
“DHV said that he goes to bed anytime from 11 pm to 1 am and wakes up anytime from 8 am to 6 am. He said he takes a sleeping tablet.”
“DHV reports that his sleeping pattern has improved as it was very poor after the accident. He feels fatigued during the day but he doesn’t sleep during the day. He goes to bed from between 7pm to 11pm and is usually up around 7am.”
“3.3 ... We agree any soft tissue injury to his left shoulder girdle will not result in arthritis in in later life as a result of the index accident. 3.4 We agree DHV had a comminuted (multifragmentary) fracture of his right scapula which does not appear to have involved his shoulder joint. We agreed it was appropriate to his scapular fractures conservatively. We agree his right shoulder has regained a functional range of movement. DHV’ range of movement has improved from when he was seen by Mr Bircher to when he was seen by Mr Radford. We believe this difference is due to the timing of our respective examinations. We agree he is not at risk of developing arthritis in his right shoulder in later life.”
“DHV displays neurobehavioral problems consistent with a frontal lobe brain injury, which are likely to be an exacerbation of premorbid personality characteristics and his ADHD diagnosis.”
“Article 102. Degrees of aesthetic damage 1. The measurement of aesthetic damage is made by assigning a range of scores to each of the grades, considering, in particular, the following factors: a) the degree of ordinary visibility of the injury, b) attraction to the gaze of others, c) the emotional reaction it provokes and d) the possibility that it may lead to a disruption of the interpersonal relationship of the injured party. 2. The degrees of aesthetic damage, in order from highest to lowest, are as follows: a) “Importantisímmo”
“the particular personal damage suffered by the injured for each surgical intervention to which he is submitted is compensated with an amount between the minimum and the maximum established in Table 3B, in view of the characteristics of the operation, complexity of the surgical technique and type of anaesthesia.”
“very serious”, “serious”, “moderate” and “mild”
“Serious damage is that where the victim loses personal autonomy to perform some of the essential activities in the development of ordinary life or most of their specific activities of personal development. The moral damage derived from the loss of any possibility of carrying out a work or professional activity is considered serious damage.”
“2. In the cases not foreseen in the table, this aid may only be compensated if a loss of personal autonomy analogous to that produced by the sequelae foreseen in the table is accredited by medical expert evidence.”
“Article 126. Concept of loss of earnings In cases of sequelae, loss of earnings consists of the loss of earning capacity from personal work and, in particular, the loss suffered by the injured party due to the net loss or reduction of income from his or her work.”
“The experts agree that the Claimant is unlikely to be able to undertake any meaningful remunerative work at present. Dr Agrawal considers this is likely to be the situation for the rest of his life given the nature of his neuropsychiatric condition which is likely to persist for the rest of his life. The experts agree the Claimant should be provided with appropriate voluntary/vocational and leisure activities with vocational rehabilitative input to improve the structure of his daily routine and improve his quality-of-life. Prof. Trimble suggests that with such provision the Claimant should be able to return to part time work, at least initially voluntarily and at some point in the future with remuneration.”
“Serious damage is that where the victim loses personal autonomy to perform some of the essential activities in the development of ordinary life or most of their specific activities of personal development. The moral damage derived from the loss of any possibility of carrying out a work or professional activity is considered serious damage.”
“Compensation for loss of quality of life is intended to compensate for the particular moral damage suffered by the victim as a result of sequelae that prevent or limit his or her personal autonomy to carry out essential activities in the development of daily living or his or her personal development through specific activities.”
“Essential activities of daily living”: “For the purposes of this Law, essential activities of daily living are defined as eating, drinking, grooming, dressing, sitting, getting up and going to bed, controlling sphincters, moving around, performing household chores, operating devices, making [decisions] and perform[ing] other similar activities related to physical, intellectual, sensory or organic self-sufficiency.”
“Loss of personal development”: “For the purposes of this Act, loss of personal development is understood to be the physical, intellectual, sensory or organic impairment that prevents or limits the performance of specific personal development activities.”
“For the purposes of this Law, personal development activities are understood to be activities such as those related to enjoyment or pleasure, relationship life, sexual activity, leisure and sports, the development of training and the performance of a profession or job, which are aimed at the fulfilment of the person as an individual and as a member of society.”
“Measurement of loss of quality of life injury.” “1. Each of the degrees of damage is quantified by means of a compensation range that establishes a minimum and a maximum expressed in euros. 2. The parameters for the determination of the amount of damages are the importance and number of activities affected and the age of the injured person which expresses the foreseeable duration of the damage. 3. The maximum of the range for each degree of harm is higher than the minimum assigned to the harm of the preceding highest degree of severity.”