Assessment of bodily injury

What is it?

The phrase “MEDICAL EVALUATION OF BODILY INJURY” encompasses a series of medical actions aimed at ascertaining the exact consequences that a specific injury, usually accidental, has had on the physical and psychological integrity of a person’s health.

These actions are aimed at obtaining a final assessment, which makes it possible to establish, from a medico-legal point of view, the repercussions from a legal perspective.

Spanish legislation protects the principle of compensation for personal injury, i.e. full compensation for all damages suffered.

The purpose of the medical expert assessing bodily injury is to use his or her knowledge to advise on the problems that arise in relation to a person’s health, from the different fields of medicine and their legal application.

Scope of action

1- Valuation of personal injury in the ordinary jurisdiction

Criminal and civil

Traffic accidents and other types of injuries, in which different circumstances must be taken into account

  • Previous state of the injured party.
  • Imputability of the accident and injuries.
  • Medical assistance and medical-surgical treatment.
  • Temporary disability.
  • Injury stabilisation and after-effects.
  • Permanent disability.
  • Aesthetic damage.
  • Leisure damage.
  • Juvenile injury.
  • Sexual injury.
  • Suffering during the healing process.
  • Affective harm.
    harm to third parties

2- Valuation of personal injury in labour courts

  • Accidents at work.
  • Occupational illnesses.
  • Common illnesses.

Derived situations:

  • Temporary incapacity.
  • Non-disabling permanent injuries.
  • Partial permanent disability for the usual profession.
  • Total permanent incapacity for the usual profession.
  • Absolute permanent incapacity for all work.
  • Major disability.
  • Death.

3- Assessment of bodily injury in the legislation on disabilities and dependency.

4- Valuation of bodily injury in private accident policies.

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