The Process Claim for Damages

There is a wide range of uncertainty around the process of claim for damages. The large degree of variety of such assumptions, which cover cases as diverse as industrial accidents with some degree of fault by the employer or a colleague, traffic accidents, medical malpractice or attacks by animals does far from easy analysis.

In any event, its duration will depend on certain factors that you should consider:

1. The willingness of the other party to assume the responsibility he had in what happened.

2. The degree of difficulty to determine and agree a reasonable amount for damages had been caused to the victim, including lost wages, medical expenses, property damage and loss resulting from the accident and possible physical consequences arising therefrom.

We can distinguish two types of cases: those in which it is possible to obtain a court settlement to the conflict and others that this is impossible, the question must be resolved before a court.

a) court settlement

This would be possible when the other party to admit unqualified responsibility for what happened and both were prone to reach an agreement regarding the compensation amount.

The settlement would lead to the conclusion fully effective, and prevent any further conflict that could occur in relation to the same subject.

It should be noted, finally, that this type of solution could replace any eventual criminal procedure in the event that the action carried out by those who caused the damage could be constitutive of offense (felony or misdemeanor) criminal sanctions, or administrative.

b) Judicial Settlement of the conflict

It was inevitable that the other party would not admit their responsibility, or when doing so is not possible to reach agreement on the amount of compensation for damages incurred. It is then, therefore, when a proceeding before the courts is the only way to resolve the conflict.

This road is the worst among all possible, to make a significant investment of time and money, both parties must appear before the Judge or the Court and present relevant evidence to reinforce their claims face (in relation to the possible degree of guilt and as to the amount of damages).

With all this, he established a Judicial Resolution estimating (in whole or in part) or reject the application.



Jose Alberto Espina Andría

www.a-indemnizaciones.com