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Spain · personal injury

Personal injury claim values
in Spain.

By 11 min read

Spanish personal-injury claims arising from road traffic accidents are valued under the statutory Baremo — a points-based scale set by Law 35/2015 and updated annually by Royal Decree.

headline
€1,500 – €400,000+
minor whiplash to severe brain injury, Baremo points × age
Baremo (Law 35/2015) — mandatory points-based scale

Spain operates the most structured personal-injury quantum system in Europe. The Baremo (Law 35/2015) sets a points-based scale that converts injury type and severity into euros, age-adjusted on a published schedule. The Baremo is mandatory for road-traffic claims and persuasive in non-traffic personal-injury and medical-negligence litigation.

The Baremo updates annually by Royal Decree published in the Boletín Oficial del Estado. The 2024 update revised the per-point values to reflect inflation and IPC indexation. Tables 2.A (permanent injury), 2.B (temporary disability), and 2.C (moral damage) form the core; supplementary tables cover life-shortening, severe deformity, and dependent care.

The statute of limitations for personal-injury claims is one year under Article 7 of the Baremo and Article 1968(2) of the Civil Code — among the shortest in Europe.

anchored authorities

What we cite for Spain.

Every band on this page traces to one of these documents. See /sources for the complete authority list across all 15 jurisdictions.

settlement bands by injury

What does an injury settle for in Spain?

Indicative settlement values, sourced to the authority documents above. These are starting points for valuation, not quotes for any specific case.

Indicative settlement bands by injury type in Spain.
Injury typeBandBasis
Whiplash / soft tissue (minor)€1,500 – €4,000Baremo Table 2.A — minor injury points
Whiplash (severe / persistent)€12,000 – €25,000Baremo Table 2.A
Back — moderate€15,000 – €40,000Baremo Table 2.A
Severe brain injury€200,000 – €400,000+Baremo + supplementary catastrophic tables
Femur fracture€10,000 – €25,000Baremo Table 2.A
Medical negligence (non-fatal)€50,000 – €300,000Civil Code reported decisions; Baremo persuasive
statute of limitations
1 year from injury or final medical stabilisation

Civil Code art. 1968(2); Baremo art. 7

Limitation is one of the shortest in Europe. Time runs from the date of injury or, in Baremo cases, from the date of final medical stabilisation.

fault allocation
Comparative — proportional reduction

Courts reduce damages in proportion to claimant fault. Strict liability for motor vehicles applies under Article 1 of Law 35/2015.

statutory caps

What caps recovery.

Caps that bite on damages awards in Spain, ordered by impact.

autonomous communities (selected)

Spain sub-jurisdictions.

Each sub-jurisdiction has its own variations. State and province pages will follow.

how a case actually moves

From injury to settlement.

The procedural pathway from injury to settlement under Spain law.

  1. 1
    Reclamación previa

    Pre-litigation claim served on the at-fault driver's insurer. Required for motor cases under Law 35/2015.

  2. 2
    Medical-legal report

    A médico-legal forense or private specialist quantifies points under the Baremo.

  3. 3
    Insurer offer

    Insurer must respond within three months with a reasoned offer or a reasoned refusal.

  4. 4
    Negotiation or court

    If no settlement, the claim is filed in the relevant Juzgado de Primera Instancia.

  5. 5
    Trial

    Bench trial; appellate review through Audiencia Provincial and Tribunal Supremo.

spain · frequently asked

Questions readers actually ask.

Each answer is independently coherent — built so AI engines can lift a single Q&A without losing meaning.

Spain · key terms

The vocabulary.

Vocabulary that comes up in any conversation about claim value in this jurisdiction.

General damages
Compensation for non-financial losses caused by an injury, including pain, suffering, loss of amenity, and reduced quality of life.
Special damages
Compensation for quantifiable financial losses tied to an injury — medical expenses, lost income, property damage, and ongoing care costs.
Comparative fault
A doctrine that reduces a claimant’s damages by the percentage of fault attributed to them.
Statute of limitations
The legal deadline by which a personal injury claim must be filed in court.
editorial note

Numbers are starting points, not promises.

Every claim turns on its own facts: severity, prognosis, recovery time, the medical paper trail, lost income, the applicable cap, and the published band that most closely matches. The figures on this page are illustrative aggregates, not a quote. For representation, consult a solicitor or attorney qualified in Spain. See our disclaimer for the full scope of what we do and don't do.