Abstract

GARAMENDI, PM. Reflections on Law 34/2003 (1): General considerations on the indemnization tables for personal damage. Cuad. med. forense [online]. 2004, n.36, pp.19-28. ISSN 1988-611X.

On November 5 2003 the new Law 34/2003 of modification and adaptation to the community normative of the legislation of private insurance which included the modification of chart VI of the scale of compensation of definitive sequels of the Law 30/1995 of ordination and supervision of private insurance was published. In our country, the mentioned scale has constituted and constitutes the tool applied in the judicial context for the economic compensation of the lesions taken place on the occasion of traffic accidents. The previous writing of the mentioned scale has been from its beginning the motive inflamed controversies in the different debate forums related with the Valuation of Corporal Damage. Without denying the necessity of some instrument of common valuation to collaborate in avoiding the situation of existent apparent chaos in our country until the installation of the traffic scale, there has been much criticism expressed on their scientific foundation, validity and final expression. The present work tries to advance some criticism and proposals for improvement on the new composition of the scale.

Keywords : traffic accidents; guides for the assessment; Spanish Law 34/2003; evidence based medicine; permanent impairment assessment.

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