The recent Law 35/2015 introduces the need to carry out actuarial calculations to assess capital damages, both in temporary injuries, as well as in sequelae or in cases of death. Ex-post legislation (Good Practice Guide) expands the methodology to perform these actuarial calculations. Specifically, the need to issue an actuarial report by an actuary to justify the right of the injured party is highlighted.
Any person can be a victim of capital losses derived from the breach of obligations by third parties. For example, medical negligence in addition to affecting the health of a patient can have direct consequences on their assets.
Art. 1106 of the Civil Code establishes that: “the compensation for damages includes not only the value of the loss they have suffered, but also that of the profit that the creditor has stopped obtaining”.
Two similar concepts emerge, but they present a clear difference: emerging damage and loss of profit.
What is emergent damage?
Emerging damage is the actual, effective and proven loss that occurs after an injury. In other words, its existence has been fully demonstrated and the compensation corresponds to its economic value.
What is lost profit?
It is a concept more difficult to quantify since it consists of the economic valuation of the losses derived from income that they are going to stop obtaining. How to economically assess a damage that will occur in the future? The probability variable needs to be entered.
What do we offer at Promede?
Promede, as a complement to medical evaluation, it has a service of actuarial experts who have the knowledge, experience and solvency to issue expert opinions.
Specifically, the services we provide are the following:
- Preparation of actuarial reports for the calculation of Emerging Damage and Loss of Profit, both for income below € 120,000, and for higher amounts in which individualized actuarial mathematical formulation is required.
- Preparation of actuarial reports to determine the suitability of other reports of Loss of Profit, Capitalization of prosthetics or other claims for Emerging Damage.