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.