In order for you to rely on damages in Spain, your situation should be subject to the following conditions:
- The damage must be real, that is, real and definite . Thus, the probable damage, simply possible, presumptive or hypothetical, as well as damage, the damage of which is not certain, is excluded. We can talk only about real damage , and not about simple speculative conclusions about losses, possible or non-guaranteed losses. This excludes such damage, which could be a consequence of unwarranted expectations. The presence of harm does not currently preclude compensation for damage caused in the future. Efficiency in the past is not equivalent to reality today.
- The damage should have a tangible expression, be countable and have a monetary equivalent . In principle, the law assumes that only the damage that is property in nature must be compensated for and, in this way, it seems to exclude compensation for damage to personal rights that, by their nature, have no material expression. However, the law repeatedly allowed for the possibility of compensation for moral damage, despite its clearly non-proprietary nature.
- Damage must be caused to a person or group of persons. The definition of damage in relation to an individual is not difficult. Difficulties arise when it becomes necessary to determine the damage in relation to a group people. How to determine the moment where the individual ends and the general begins? We can solve this problem by addressing such criteria as the different legal nature of the damage caused to the victims, the number of victims in a certain place, the number of victims in relation to a specific time.
- Illegality . It is necessary that public order does not force the injured person to indemnify the damage. Only those losses that are caused to a private person as a result of damage, which he does not have to compensate in accordance with the law, are indemnified. Only damage that damages property or a legitimate interest that is protected by law will be compensated, since only in this case damage will be considered illegal.
Our qualified specialists with ample experience and extensive judicial practice in compensation and damage recovery are always ready to represent your legal interests to the competent authorities and courts of Spain to the highest professional standards.
