Is the company obliged to pay me every day that I have been healing?
Why haven’t I been paid for every day of treatment, from the first to the last?
How much am I entitled to receive as compensation for an accident?
These are some of the quintessential questions that lawyers specialized in traffic accidents usually face .
However, these are not questions that can be answered without having previously carried out an exhaustive study of the injured person’s medical documentation, since the approximation of the amount that can be received as compensation depends on many and various factors that directly affect the assessment of the damage caused.
Thus, some of the issues that can directly affect the amount that can finally be received, in relation to bodily harm (and more specifically, regarding the estimated healing time), are the following:
- Type of injury (eg cervicalgia, tibia fracture, etc.).
- Start time of the rehabilitative/curative treatment (for example: two weeks after the occurrence of the accident, one month after the occurrence of the accident, etc.).
- Number of rehabilitation sessions carried out (for example: 10, 30, 60, etc.).
- Frequency of conducting these sessions (for example: one a week, three a week, etc.).
- Evolution of the healing process.
- Temporary loss of personal autonomy to carry out a relevant part of the specific personal development activities of the injured party (for example: immobilization of a limb, temporary inability to carry out professional activity, etc.).
- Medical history of the patient.
- Etc.
Consequently, taking into account all these factors, it is possible that two people who had an accident on the same day and were discharged on the same day may not receive exactly the same compensation, as there are other relevant issues that will vary in both cases. .
Let’s look at several examples of this:
Example 1:
Laura and Pedro have an accident on 01/01/2022, as driver and occupant of a car, resulting in injuries consisting of neck pain.
Both began rehabilitation on 01/10/2022, and finished treatment on 03/20/2022, with no sequelae at the time of discharge.
Laura performs between 3 and 4 rehabilitation sessions a week, but Pedro, however, for work reasons, can only perform between 1 and 2 sessions a week, since he has no possibility of combining a more frequent treatment.
Although both have started and finished the treatment on the same date, Laura will probably receive a higher compensation, having undergone a more constant, continuous treatment with a greater number of sessions.
In this case, the compensation could be the following:
- Laura: 79 days of basic personal injury at a rate of $32.91/day = $2,599.89
- Pedro: 45 days of basic personal injury at a rate of $32.91/day = $1,480.95
Example 2:
Joan and Mariona have an accident on 01/01/2022, as driver and occupant of a car, resulting in injuries consisting of neck pain.
Both began rehabilitation on 01/10/2022, and finished treatment on 03/20/2022, with no sequelae at the time of discharge.
Although they carry out the same number of sessions (between 3 and 4 a week), Joan has to take sick leave, because she has a physical job (construction sector) and her injury prevents her from working while she recovers from her injuries, throughout the healing period.
Mariona, for her part, works in an office, and her injury does not prevent her from continuing to work, so she does not take sick leave.
In this case, Joan is likely to receive more compensation than Mariona.
In this case, the compensation could be the following:
- Joan: 79 days of moderate private personal injury at a rate of $57.04/day = $4,506.16
- Mariona: 79 days of basic personal injury at a rate of $32.91/day = $2,599.89
Example 3:
Martín and Arturo are run over by a car when they were passing through a pedestrian crossing, on 01/01/2022.
Both are polycontusions.
Martín has a very favorable evolution, according to the treatment prescribed and carried out (with a duration of three months, until 04/01/2022), but Arturo, for his part, after the first month and a half does not improve, his injury is stagnant as of 02/15/2022.
In this case, it is likely that Martín will be compensated for a longer recovery time, having carried out a fully effective treatment for his recovery, while Arturo could be compensated for a shorter healing time (since part of the treatment is not effective, since that there is no improvement on his part) but with consequences.
In this case, the compensation could be the following:
- Martín: 91 days of basic personal injury at a rate of $32.91/day = $2,994.81
- Arturo: 46 days of basic personal injury at a rate of $32.91/day ($1,513.86) and one point of functional sequel ($880.40, since Arturo was 35 years old at the time of the accident) = 2,394.26 $
Example 4:
Silvia and Inés have an accident on 01/01/2022, as driver and occupant of a car, resulting in injuries consisting of neck pain.
Silvia starts rehabilitation on 01/10/2022 but Inés cannot start treatment until 01/27/2022 because the medical center she has chosen is not available to treat her before that date.
Both are discharged on 03/18/2022, having performed an average of 3 sessions per week, since the start of treatment.
In this case, it is likely that Silvia will be compensated for a longer recovery time, having started the rehabilitation treatment in an optimal and expected period, while Inés could be compensated for a shorter healing time, having delayed the start of her recovery. effective recovery, without medical justification.
In this case, the compensation could be the following:
- Silvia: 77 days of basic personal injury at a rate of $32.91/day = $2,534.07
- Inés: 60 days of basic personal injury at a rate of $32.91/day = $1,974.60
In these cases, we can appreciate the difference between the concepts of “clinical medicine” and “legal medicine”.
Clinical medicine consists of the medical treatment that is carried out to cure or stabilize an injury suffered.
For example: I have carried out 20 rehabilitation sessions in a total time of 5 months to cure cervicalgia.
For its part, legal and forensic medicine is defined as “the set of medical and biological knowledge necessary to solve the problems posed by law, both in the practical application of laws, and in their improvement and evolution” (Juan Antonio Gisbert Calabuig; doctor, professor of Legal Medicine and Toxicology).
For example: In the previous case (20 sessions in 5 months), it could be translated into a medicolegal assessment of 60 days of basic personal injury, as it is enough time to heal this type of injury, according to the number of sessions performed. , since the treatment of 20 sessions in 5 months could have been longer than necessary for reasons not medically justified.
We can consider that they are causes that are not medically justified, among others: Organization and/or agenda of the medical center, reduction in visits due to having to combine them with a work activity, etc.
As you can see, the claim for damages suffered in traffic accidents is a complex procedure.
It is not as simple as making a calculation “from date (of accident) to date (of discharge”), but it is about carrying out a study and assessment of all the other circumstances that surround the reality and effectiveness of the treatment carried out.
That is why it is essential to have the advice of an expert lawyer in the matter to ensure the correct management of your file and thus achieve full compensation for the damage that has been caused.
Likewise, it is highly recommended to have the criteria of a private medical expert, a specialist in the assessment of bodily harm, so that he establishes and allows defending the highest possible medical assessment.