Spain's Baremo (formally, the Sistema para la valoración de los daños y perjuicios causados a las personas en accidentes de circulación) is a mandatory points-based valuation system for personal injury damages from traffic accidents. Established by Law 35/2015, it replaced the earlier 1995 Baremo with a more granular, comprehensive framework. For traffic injuries, it is binding — not advisory.
Three tables: 2.A (basic personal damages — impairment points), 2.B (particular aggravating factors), 2.C (patrimonial/economic damages). Points convert to euros using annually updated values. Binding for traffic accidents; persuasive for other injury types.
Structure: the three tables
| Table | What it covers | Binding? |
|---|---|---|
| 2.A — Basic personal damages | Temporary impairment (daily compensation) + permanent impairment (1–100 point scale) | Yes (traffic) |
| 2.B — Particular personal damages | Aggravating factors: moral damage to family, loss of quality of life, loss of personal autonomy | Yes (traffic) |
| 2.C — Patrimonial damages | Economic losses: medical expenses, lost earnings, future care, adaptation costs | Yes (traffic) |
Table 2.A — basic personal damages
Table 2.A has two components:
- Temporary impairment: A daily rate is paid for each day of impairment, categorised as very severe, severe, moderate, or basic. Rates are updated annually (e.g. ~€105/day for very severe, ~€30/day for basic).
- Permanent impairment: A 1–100 point functional impairment scale. Each point has a euro value that decreases as points increase (higher impairments have a lower marginal value per point) and increases with the claimant's age (younger = higher per-point value).
Table 2.B — particular personal damages
Table 2.B supplements the basic award with additional amounts for specific aggravating circumstances:
- Moral damage to family members in cases of severe injury or death
- Loss of quality of life (graded: very severe, severe, moderate, mild)
- Loss of personal autonomy — for injuries requiring third-party assistance
- Loss of fetus or loss of a sense organ
Table 2.C — patrimonial damages
Table 2.C covers economic losses — these are not capped by the points system but must be documented:
- Medical and rehabilitation expenses (past and future)
- Lost earnings (past and projected future earnings, capitalised)
- Adaptation costs (home, vehicle modifications)
- Third-party care costs
Worked example
Calculation:
Temporary: (60 × €52) + (60 × €30) = €3,120 + €1,800 = €4,920
Permanent: 8 points × ~€900/point (age 35) = ~€7,200
Total basic personal damages: ~€12,120
Plus documented economic losses under Table 2.C
Application to non-traffic injuries
For workplace injuries, public liability, and medical negligence, the Baremo is not binding but is widely used as a reference framework. Courts and insurers apply it with adjustments. The Spanish Supreme Court has confirmed that the Baremo may serve as a “guiding reference” outside traffic cases.
Frequently asked questions
What is the Spanish Baremo?
Is the Baremo mandatory?
How are damages calculated under the Baremo?
How often is the Baremo updated?
Sources
- Ley 35/2015, de 22 de septiembre — reform of the Baremo
- Real Decreto Legislativo 8/2004 — original Baremo framework
- Dirección General de Seguros y Fondos de Pensiones — annual table updates
- Tribunal Supremo de España — case law on Baremo application