Head & brain claim values
in Spain.

• No statutory cap; Baremo bands are the upper limit
  Road-traffic personal injury
  Baremo points × age conversion

  The Baremo itself sets the upper figures.

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.

Serious head injuries in Spanish traffic claims attract the largest amounts in the baremo. Beyond the points for the after-effects themselves, a very serious loss of quality of life is compensated at €130,691.19 to €196,036.77 in 2026, and when a single after-effect reaches 60 points there is additional compensation of €25,092.71 to €125,463.53.

• How much is a head & brain claim worth in Spain?

  The band table on this page shows head & brain values in Spain by severity. The most severe matching band is €200,000 to €400,000+, a MyClaimWorth estimate. The exact figure within the band depends on severity, prognosis, recovery time, the medical paper trail, and any percentage of fault attributed to the claimant under Spain's comparative-fault rule.
• What is the statute of limitations for head & brain claims in Spain?

  1 year from injury or final medical stabilisation. Source: 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.
• Does fault allocation reduce a head & brain settlement in Spain?

  Courts reduce damages in proportion to claimant fault. Strict liability for motor vehicles applies under Article 1 of Law 35/2015. Reductions are calculated as a percentage of the total damages award before any cap is applied.
• Are there caps on head & brain damages in Spain?

  Yes — Spain applies the following caps that bear on head & brain claims: No statutory cap; Baremo bands are the upper limit. See the caps section on this page for the figures and the conditions under which each applies.
• How long does a Spain head & brain case take to resolve?

  Soft-tissue presentations commonly resolve within 6 to 12 months from medical stability. Complex cases with surgery or contested liability routinely take 18 to 36 months. Cases that proceed to trial commonly take 2 to 5 years. The procedural pathway on this page sets out the typical milestones in Spain.
• Is settlement preferable to trial for a head & brain claim in Spain?

  For most Spain head & brain claimants, yes. The vast majority of personal-injury cases settle before trial. Settlement provides certainty, removes appeal risk, and resolves faster. Trial is appropriate where liability is genuinely contested or where the defendant's insurer is unrealistic about quantum given the published authority.