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Specialist Lawyers in Traffic Accident Compensation
In case of an accident, we offer advice WITHOUT ANY OBLIGATION.
Maximum Compensation Guaranteed.
We study your case and initiate your claim to get you THE HIGHEST COMPENSATION. We adhere to the criteria of rigor and professionalism that back us, always fighting for your rights and interests.
FREQUENTLY ASKED QUESTIONS
- I have been in a traffic accident. What steps should I follow?
First, appoint your own trusted lawyer.
Secondly, once you have appointed your own trusted lawyer, aside from the one your company offers, the following steps should be left in the hands of the same legal team in which you have placed your trust, so that professionals can work for you.
The first step would be to take the extrajudicial route by negotiating with the insurance company's lawyer the amount of your compensation. If we do not reach an agreement, we proceed to the judicial route, claiming your compensation, either through a criminal procedure if it is considered that the accident constitutes a crime or misdemeanor, or by going to the civil route by filing the corresponding lawsuit before the Courts of Justice.
Having a good legal defense is essential to achieve the desired objective, which in this case is to obtain the maximum compensation. That is why we emphasize the importance of finding a team of professionals who are willing to fight for your rights and have enough experience to defend your case.
In our firm, there are many successful cases that back us, as after years of work in the field of bodily injury, we have managed to specialize in it, thus obtaining the highest number of successes in compensation for our clients.
- What are my rights?
Regardless of the situation of the victim/injured party (student, worker, unemployed, retired…), they have the right to compensation, without it being subject to a work leave.
If a person is involved in a traffic accident, whether they are a driver (of a motor vehicle, moped, truck...), a vehicle occupant, or a pedestrian, they have the right to be compensated for the injuries they suffer, both for the days of medical leave and for the sequelae they suffer, unless there is exclusive fault of the victim.
- What types of damages are compensable?
In case of an accident, personal damages (known as injuries) or material damages (such as damages to your vehicle, for example) may occur. Both types of damages are compensable.
- How is compensation calculated?
To calculate the compensation you are entitled to, the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles
established a system for assessing the damages and harm caused to people in traffic accidents, known as “the scale” published in the BOE, which annually establishes the amounts that correspond to traffic accident victims as compensation. For your convenience, we provide you with the link to download the scale yourself.
Click here to download the scale
In section 1 of the Annex of this Law, it is established:
“This system will apply to the assessment of all damages and harm to people caused in traffic accidents…”.
- What deadlines do I have to claim?
To inform the company about the incident, you have a period of seven days.
To file a complaint
you have a period of six months
from the day of the accident.
To go to court
via civil route, you have one year.
- If I have an
Specialty: Family Law
Our Law Firm is an EXPERT in Family Law . It is a branch with a wide range of content and subjects that necessarily involve a thorough study of each specific case. For this, our firm has a high level of technical and academic specialization, with extensive and proven experience in family law.
The Services we offer in our Family Department are:
- Mutual Agreement Divorces. Drafting of agreements
- Obtaining child custody
- Negotiation of agreements and measures
- Marital separations and cessation of cohabitation
- Ecclesiastical Marital Nullities
- Request for preliminary, urgent, and definitive measures
- Modification of definitive measures
- Request for child support and compensatory pensions
- Marriage settlements (separation of property, participation quotas)
- Liquidation of marital community property
- Request for parental measures
- Paternity and filiation
- Enforcement of Judgments
- Claims for non-payment of pensions via civil or criminal proceedings
- Criminal Law, Gender Violence
In separation and divorce processes, we believe that the client must always keep in mind that it is ESSENTIAL to have SPECIALIZED LEGAL ASSISTANCE AND DEFENSE IN FAMILY LAW
, with experience and effectiveness that can be proven.
We must consider that in these procedures, delicate issues such as visitation regimes regarding children, their custody, the liquidation of assets, the payment of pensions, etc., are decided. That is why we believe that you must guarantee your interests and those of your loved ones
, and for this, our firm first advocates for achieving an agreement between the parties regarding the parental and economic aspects involved in the divorce or the amicable breakup of a de facto couple, always thinking about the interests of the minors and both spouses.
When this solution is not possible, we must go to court, and in this case, you will find in Azucena Librán's Law Firm a mastery of procedural mechanics that allows for optimizing the appropriate strategy for your specific case.
NEWS / RELATED LINKS:
- Groundbreaking Supreme Court Ruling that obliges grandparents to pay child support to grandchildren
- Tool that helps you know how much child support your children are entitled to receive
RETURN OF MORTGAGE EXPENSES
Recover the mortgage arrangement expenses
A recent ruling by the Supreme Court has declared abusive the clause included in most mortgages that imposes on the borrower the payment of all expenses, taxes, and commissions derived from the mortgage loan.
The content of the clause was as follows: “All taxes, commissions, and expenses incurred for the preparation, formalization, rectification, processing of deeds, modification -including division, segregation, or any change that implies alteration of the guarantee- and execution of this contract, and for payments and reimbursements derived from it, as well as for the constitution, conservation, and cancellation of its guarantee, shall be the exclusive responsibility of the borrowing party, who is also responsible for the premiums and other expenses corresponding to the damage insurance, which the borrowing party is obliged to keep in force.”
BBVA was then authorized to charge the borrower's account the necessary amounts until the full registration of the mortgage in the Property Registry, adding the expenses, also at the borrower's expense, and in case of non-payment, for the judicial or extrajudicial claim of the debt, including Attorney and Solicitor fees, even if their intervention is not mandatory. These amounts were even guaranteed with the mortgage or real guarantee itself, which is none other than the property.
These clauses assigning all expenses derived from the execution and development of the contract to the consumer will be null; however, it will be necessary for the borrower or debtor to make the appropriate claim to the Bank's Customer Service and, if necessary, proceed to file a lawsuit in court.
What expenses, taxes, and commissions can we claim?
Based on the premise that only the restitution of expenses corresponding to the formalization of the mortgage, and not the purchase, can be requested, the following will be subject to claim:
1. Notary and Property Registry invoices necessary for the constitution of the real guarantee –that is, the mortgage-),
2. Tax on Documented Legal Acts. The party obliged to pay this tax, both in terms of its fixed rate –notarial paper stamp-, and its gradual rate, is precisely the Bank and not the borrower or mortgage debtor; therefore, it is a tax to be included in the claim.
NECESSARY DOCUMENTATION FOR THE CLAIM
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MORTGAGE DEED
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SUBSEQUENT EXTENSIONS OR NOVATIONS
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MORTGAGE PAYMENT RECEIPT (ONLY IF STILL VALID)
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PROCESSING AGENCY INVOICE
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NOTARY INVOICE
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REGISTRY INVOICE
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PAYMENT LETTER FOR DOCUMENTED LEGAL ACTS TAX
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REGISTRATION CERTIFICATE (only if it is the primary residence)
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MORTGAGE CANCELLATION DEED (if it is canceled and the document is available)
DEFEND YOUR RIGHTS. WE HELP YOU