Accident compensation lawyers in Mataró
Road traffic accidents, personal injury, property damage, civil liability and accidents at work. We assess your case, put the claim to the insurer and, if the offer does not match the damage on record, we take it to court. In Catalan, Spanish and English.
Before you sign anything with the insurer
Everything moves quickly after an accident. The insurer calls within days, asks you to sign a document and puts a figure on the table. At that point you still have no idea how the injuries will develop or what will be left of them, and signing then usually closes the door on any later claim.
At Barnils & Díaz we handle claims arising from road traffic accidents, civil liability and accidents at work. The real work is not sending a letter. It is documenting the damage properly from day one, following the medical treatment through to discharge, and valuing the case against the statutory scale before discussing any figure at all.
A first call is already enough to tell whether there is a claim and where to start. You tell us what happened and bring whatever you have to hand: the accident report form, the police report, the A&E notes and any invoices you have paid. With that in front of us we can tell you whether there is a claim worth bringing and where it would have to start.
We cannot give you a figure on day one, and we do not promise outcomes: until the injuries have stabilised there is not enough to value the damage on. What we can do is make sure you never sign without knowing what you are giving up.
Claims we take on
We take on claims from individuals and from businesses across the Maresme.
Road traffic accidents
Cars, motorbikes, bicycles, scooters, pedestrians and passengers. Whether you are the one claiming or the other party's insurer is claiming against you.
Injuries and lasting effects
The personal injury side of the claim: the days the recovery takes, any surgery you needed and whatever remains once you have been medically discharged.
Property damage
Vehicle repair, write-offs, damaged belongings and the costs that follow: recovery, a replacement vehicle, travel to physiotherapy.
Civil liability
Falls in the street or inside shops, restaurants and other premises, accidents in residential buildings, and damage caused by third parties or their animals.
Accidents at work
The compensation side: damages that may be due on top of Social Security benefits and, where safety measures were missing, the surcharge payable by the employer.
Negotiation and litigation
We file the claim, go through the insurer's offer item by item and, if it does not match the damage on record, we issue proceedings and represent you at the hearing.
How a claim moves forward, step by step
Every case runs at its own pace, but the order is usually this. Knowing which stage you are at makes it clear what to do now and what can wait.
First meeting and paperwork
You tell us what happened and we go through what you have: the accident report form, the report from the Mossos d'Esquadra or the local police, A&E notes, sick notes and invoices. That alone shows whether the claim has legs.
Claim to the insurer
Putting the claim to the insurer is a required step before court proceedings, and it also interrupts the limitation period. It goes in writing, with the facts and the documents set out in order from the start.
Medical follow-up to discharge
Lasting effects cannot be valued until the injuries have stabilised. What matters in the meantime is that everything is on record: appointments, physiotherapy, scans and follow-up reports.
Reasoned offer or proceedings
The insurer has to reply with a reasoned offer. We go through it heading by heading and, if it does not match the damage on record, we reject it in writing and take the case to court.
By law the insurer must answer the claim with a reasoned offer, or with a reasoned reply if it disputes liability, within three months of receiving it. If it fails to do so in time, default interest may start to run in favour of the injured party.
The statutory scale, and why it shapes the whole claim
Since 2016, personal injury caused by road traffic accidents has been assessed under the system introduced by Law 35/2015. It is a detailed scale, updated every year, that breaks the damage down into headings. It is also widely used as a reference point in civil liability cases that have nothing to do with traffic.
- Temporary injury. The days recovery takes, from the accident until the injuries stabilise.
- Loss of quality of life. The days on which the injuries restrict you beyond the ordinary, and any surgery you have had to undergo.
- Permanent effects. What remains once you have been discharged. They are scored against a table, and your age is taken into account.
- Financial loss. Medical costs, travel, prosthetics and future rehabilitation, together with the income you have lost.
- Property damage. Not covered by the scale. It is valued separately, on repair cost or the value of the vehicle.
The scale does not apply itself. Every heading has to be evidenced with reports and documents, and that is usually where the gap opens up between what the insurer offers and what can be argued in court.
"The insurer is offering me a figure right now"
That call tends to come early, often before you know how the injuries will develop. The offer can look reasonable simply because you have nothing to measure it against. Before you sign, there are a few things worth being clear about.
- Signing a settlement or a compensation receipt usually closes the claim. If problems appear afterwards, there is no going back.
- Lasting effects can only be valued once the injuries have stabilised. Before medical discharge, nobody, neither you nor the insurer, knows what will remain.
- Get it all on record from day one: go to A&E even if you feel fine, finish the physiotherapy, and keep every report and invoice.
- You are entitled to instruct your own lawyer and your own medical expert. The insurer's doctor does not have the last word.
- In Catalonia, non-contractual liability claims are time-barred after three years (art. 121-21 of the Civil Code of Catalonia). It sounds like a lot, but evidence is far easier to secure early on.
Questions about claiming compensation
The insurer has offered me a figure. Should I sign?
Not before someone has read it. Signing a settlement or a compensation receipt usually closes the claim for good, so if further problems appear later there is no way back. Bring us the offer and your medical records and we will tell you what it covers and what it leaves out.
How long do I have to bring a claim after an accident?
In Catalonia, claims in non-contractual liability are time-barred after three years under article 121-21 of the Civil Code of Catalonia. Sending the claim to the insurer interrupts that period. Even so, the sooner you start, the easier it is to gather the evidence.
How is compensation for a traffic accident calculated?
Personal injury from road traffic accidents is assessed using the statutory scale introduced by Law 35/2015, which separates temporary injury, permanent effects and financial loss. Property damage is assessed separately. No serious valuation is possible until you have been medically discharged and the permanent effects have been reported.
What should I do right after the accident?
If anyone is hurt, go to A&E even if you feel fine, and describe everything that hurts. Photograph the scene and the vehicles, take the other driver's details and those of any witnesses and, if there is any dispute about what happened, ask for the police to attend. After that, keep every report and invoice.
I had an accident at work. Do you handle that too?
Yes, on the compensation side: the claim for damages that may be due on top of Social Security benefits and, where the accident happened because safety measures were missing, the surcharge on those benefits payable by the employer.
What if the accident was not a road accident?
We handle those as well. We take on civil liability claims for falls in the street or inside premises, accidents in residential buildings and damage caused by third parties. What changes is who is liable and how that liability is proved.
Can you deal with my case in English?
Yes. We advise in Catalan, Spanish and English, so you can follow your own file. Court documents and the insurer's correspondence are in Spanish or Catalan, and we go through them with you.
Have you been in an accident?
Bring us the accident report, the medical notes and the insurer's offer if you have already had one. Come to our office in Mataró for an initial consultation; there is no obligation to instruct us.