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A seven-year-old boy was hit by a car in the summer of 2023 in a town in the Spanish region of Aragon, after suddenly running to the street from in-between two parked cars. The driver behind the wheel had complied with all traffic regulations, but that didn't prevent the accident.
As a result of the impact, the boy suffered very serious injuries that prevent him from leading a normal life after a long hospitalisation. He is currently unable to walk or speak and can hardly communicate. The legal implications of the case have been settled following an agreement between insurers, eliminating the need for court proceedings. The family will be compensated 3.7 million euros, which is the largest financial compensation for an accident ever imposed in Spain.
The legal complexity of this case lies in the fact that neither of the two parties appeared to have manifest responsibility for the accident. As the lawyers of the insurance company have stated, the driver was caught off-guard when the child appeared on the road. On the other hand, "legislation protects children under 14 years of age, considering that they do not have full capacity to discern the danger of their actions".
This is the main reason why the insurer of the vehicle that caused the collision assumed full responsibility for the payment of the compensation claimed by the victim.
However, a "protracted negotiation" was necessary because, although it acknowledged his responsibility and the critical state in which the child was left, the company initially offered a lower amount than what was finally agreed.
The serious neurological consequences that the child will have to suffer for the rest of his life obliged the legal team to negotiate a sufficient amount to guarantee his future quality of life.
"The key was the collaboration with medical teams and experts, who helped accredit the magnitude of the child's state and the care he will require for life. In addition, the case raises an interesting debate on the application of the legislation protecting children under 14 years of age in traffic accidents - a little known but essential regulatory framework in this type of claim."
The compensation will cover the adaptation of the boy's home and family's vehicle, the provision of wheelchairs and orthotics, the hiring of a care assistant, as well as financial compensation to the parents for the loss of quality of life. In addition, the calculation of the child's loss of future employment opportunities - a crucial element in the claim - was included.
"This case shows that even in the most complex situations, it is possible to negotiate fair and dignified solutions for victims and their families. We are not just talking about figures here, but about guaranteeing a better future for a child and their environment after a tragedy," said Victor Climent, CEO of insurance company calculatuindemnizacion.es.
The family wishes to remain anonymous.
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