The Spanish Government rise 50% compensation for death in traffic accident
On the proposal of the Ministry of Justice, the Council of Ministers has approved a Bill which would reform the system of assessment of damages caused to persons in road traffic accidents. Justice estimated that modification of the compensation for death of the victim will increase an average of 50 per cent and allowances by aftermath around 35 per cent of average – according to Accident attorney Boca Raton.
The Bill includes, among other things, compensation for the costs of treatment of injuries by insurers to public health services and changes the method of calculation of compensation to victims, as it has indicated the Ministry.
Updating of the scale is one of the measures that claimed the associations of drivers and victims of trafficking as urgent need and last March claimed that “victims can not wait more,” so it established a deadline for the entry into force of the text on January 1 next year. The Government hopes that the standard has the approval of the Parliament “at this session”.
According to justice, the new scale will expand the level of detail in the criteria that determine the amount of compensation in respect of compensation for expenses and aims to “rationalize” the calculation of the “profits”, i.e. the legitimate gain part of the victim.
To “rationalize” it, the new system will replace the previous model with a new one from the scope of the insurance which will determine the appropriate compensation.
New conditions of this compensation will take into account not only the net income of the victim but also aspects as work at home (such as household tasks) or the loss of future capabilities of minors or students, who also will be a quantification in economic terms.
For the calculation of the amounts, will be a coefficient that influence all the factors referred to in the standard, so the amount corresponding to each victim will not depend on fixed sections but a spreadsheet from a combination of factors such as the duration of the injury, the risk of death of the injured person and the deduction of public pensions , among others, as it has indicated the Ministry.
Bill contemplates the creation of a Commission to track the process of implementation of the new system, analyze its implementation underway and their legal and economic implications in order to make suggestions for modification and improvement of the standard.
According to the Ministry, in the text adopted by the Executive, provides that in cases in which the death of the victim occurs, it ensures that there will be an improvement in the perception of compensation derived from the “individualization” of the victim, although he is will be taking into account the “new family structures”.
In addition, distinguishes between the patrimonial prejudice to basic, which corresponds to “reasonable expenses” resulting from the death, who shall be a minimum of 400 EUR compensation amount, and specific expenses, which are associated with other items such as the transfer or repatriation of the deceased, funeral and burial.
The new text also includes an “update” of the medical scale of the consequences that the accidents in the case of victims not killed, in order to “adapt it to the current state of the science”.
For victims suffering from serious injury, the new scale is intended to “strengthen” support to the “large injured” who suffer as a result any disability that requires “intensive support” to their personal autonomy, and compensate for the damages and consequential damages associated to future welfare expenditure items.
On the other hand, in relation to temporary injuries, seeks to respond to “all those expenses necessary and reasonable that generates the lesion in the ordinary development of the daily life of the injured”, although distinguish “healthcare” and “different compensable expenses”.
They are examples of headings that correspond them compensation, for example, the increase in costs of the injured, the movements of family members to assist mobility or expenses to attend family children or especially vulnerable people injured, was responsible as explained justice.
Finally, in the case of damages “extra property”, the draft law includes the restructuring of basic personal injury with the intention of “expanding it”, through the configuration of the handicapped in five autonomous categories: spouse, ascendants, descendants, brothers and relatives. According to the criteria of Justice, all of them “suffer always a compensable prejudice to the same amount, irrespective of which comply with or not with other categories of workers affected.”
Relay in the Government
On the other hand, the Government has relieved the delegates of the Government of Madrid, Castilla – La Mancha and Castilla y León, to attend all of them as candidates of the people’s Party in the coming election on May 24.
In this way, the hitherto delegate of the Government of Madrid, Cristina Cifuentes, has been replaced in this role by the Treasury of the City Council of the capital, Concepción Dancausa, delegate right hand of the Mayor, Ana Botella. Cifuentes is the candidate of the PP for the capital.
Both in Castilla – La Mancha and Castilla y León present delegates have been replaced by two of his officers by sub-delegation. In this way, Juan Carlos Suarez-Quiñones relieves Ramiro Ruiz Medrano, who will become candidate for the courts of Castilla y León.
In the case of manchego, Jesús Labrador will become the PP candidate for mayor of Toledo, so it has given witness to the up to now ‘number two’ of the Government delegation in Toledo, José Julián Gregorio.
Green light to the Natural Heritage and biodiversity Act
In addition, the Council of Ministers has approved this Friday refer to courts for processing the draft law of Natural Heritage and biodiversity which incorporates several new features and international regulations and which environmental information of the surfaces with any figure of protection will be incorporated in the property register and cadastre.
The standard aims to support the activities compatible with the conservation of the Natura 2000 network and incorporates among its principles the prevention of climate change, according to the Ministry of agriculture, food and environment (MAGRAMA).
The Vice-President of the Government, Soraya Saez de Santamaría, explained, in the press conference following the Council of Ministers, that the standard is approved to give “maximum protection and information properties in protected spaces,. Since this information will be incorporated in the register of property and the land registry
In this sense, the Executive ensures that the law is changed to ‘improve the regime of protection, conservation and restoration of biodiversity in Spanish, the richest of all the European Union’, with more than 9,000 species of plants and more than 60,000 species of fauna, and has a surface of protected areas of 13.7 million hectares on land and 8 million hectares in sea.
Bill of food quality contemplates putting up the code of good business practices, as well as the Observatory on the food chain, as well as developing actions to advance the cooperative integration, which will have a budget of EUR 257 million.
The objective of this measure is the establish a uniform framework for the quality control in the whole country and “conquer international markets”.
The Council of Ministers has also today approved the third edition of the Integral Plan of support to the competitiveness of the retail trade, a program that contains 34 measures and that, excluding actions such as ICO or Plan Pive lines, mobilize funds $ 26.8 million, more than six times more.
The measures aimed exclusively at trade amounted to 4 million in 2013 and 3.7 million by 2014.
In its previous editions, the plan benefited 38.691 establishments – 13.633 in 2013 and in 2014 – 25.058, said today the Vice President of the Government, who pointed out that trade retailer generates 5% of GDP and about 11% of employment.
In its third edition, the actions that are carried out through the cooperation agreement signed with the Chamber of Commerce of Spain will have a budget of 5 million euros, 20.5% more.
The Cabinet meeting (which is not called for 15 days due to the parentheses of Holy week) has been presided over by the Chief Executive, Mariano Rajoy, and she attended by all Ministers except the Interior, Jorge Fernández Díaz, who will travel to Barcelona to join the Kings in the Act of providing scholarships of la Caixa.