Losing a loved one in a traffic accident is one of the most devastating experiences anyone can face. Beyond the emotional trauma, families are often left overwhelmed by legal and financial complications. At Roig Ruiz Abogados & Asesores, based in Ibiza, we guide you through the legal process of claiming compensation after a fatal accident, explaining who is entitled to claim, how compensation is calculated, and why expert legal support is essential in these difficult times.
Who Can Claim Compensation After a Fatal Traffic Accident?
According to Spanish law (Law 35/2015, the “Baremo de Accidentes”), the following individuals may claim compensation for the death of a loved one in a road accident:
- Spouse or common-law partner
- Children of the deceased
- Parents and grandparents of the deceased
- Siblings
- Close relatives or individuals with a special emotional bond (such as long-term cohabitants or dependents)
🔹 Example 1: María lived with Andrés in Ibiza for 8 years, although they were not married. As a stable partner, she has the legal right to claim compensation.
🔹 Example 2: Julia’s parents, whose 24-year-old daughter died in a motorcycle accident in Formentera, can claim compensation even though she lived independently.
How Is Compensation for Fatal Accidents Calculated?
Compensation in Spain is determined by a combination of four key components based on the Baremo 2025 (accident compensation table):
1. Basic Personal Damage (Moral Damages)
This is a fixed base amount assigned to each eligible claimant depending on their relationship with the deceased.
| Relationship | Approx. Amount (2025) |
|---|---|
| Spouse / Partner | €95,000 – €150,000 |
| Minor children | €80,000 – €140,000 |
| Adult children | €20,000 – €80,000 |
| Parents | €30,000 – €100,000 |
| Siblings | €10,000 – €25,000 |
| Close relatives / others | €10,000 – €15,000 |
🔹 Example 3: The three minor children of a man who died in a car crash near Sant Josep receive €120,000 each as base compensation.
2. Particular Damages (Aggravating Circumstances)
These additional amounts apply when there are aggravating factors, such as:
- Daily cohabitation with the victim
- Single-parent families
- Disability of the claimant
- Simultaneous death of other family members
🔹 Example 4: Laura (35) lost her partner in a crash on the Santa Eulalia road. They lived together and had a 3-year-old child. As an unemployed mother in a single-parent household, she receives additional compensation due to economic dependency.
3. Expenses Resulting from Death
This includes:
- Funeral and burial costs
- Transportation of the body (e.g. international repatriation)
- Emergency psychological care for relatives
- Pre-death medical expenses (if hospitalized)
🔹 Example 5: The family of a young German tourist who died in Formentera claimed €6,500 for repatriation to Germany, in addition to moral and economic compensation.
4. Loss of Future Income (Loss of Earnings / “Lucro Cesante”)
If the deceased was financially supporting family members, claimants may be entitled to compensation for future lost income. This takes into account:
- Age of the victim
- Annual income
- Number of dependents
🔹 Example 6: Pedro (45), a construction manager in Ibiza, died in a road accident. He earned €36,000/year and supported his wife and two young children. Based on the Baremo’s actuarial calculations, the family receives over €250,000 for lost future income.
What Is the Time Limit to Claim?
The general time limit is one year from the date of death. However, this period can be interrupted if negotiations with the insurance company begin. Still, it’s strongly advised to act promptly, both for legal protection and for emotional closure.
What Documents Are Needed?
To start a claim, you will need:
✅ Death certificate
✅ Police report / accident statement
✅ Medical or forensic report
✅ Proof of relationship (family book, marriage certificate, etc.)
✅ Proof of cohabitation or economic dependency (if applicable)
✅ Invoices or receipts for funeral and medical expenses
💡 Legal tip: Never accept the first offer from the insurance company without legal review — these initial offers are often far below what the law entitles you to receive.
What If the Victim Was a Tourist or Foreign Resident?
In Ibiza and Formentera, fatal accidents involving tourists or foreign nationals are sadly not uncommon. Spanish law applies to compensation claims regardless of the nationality or residence of the deceased or their family.
🔹 Example 7: An Italian tourist dies in a quad bike accident in Formentera. His partner, parents and 5-year-old daughter are entitled to claim compensation under Spanish law, even if they reside in Italy. We coordinate international claims with legal and translation support when needed.
Why Hire a Lawyer Specialized in Fatal Traffic Accidents?
Fatal accident claims are highly complex and require:
- Precise legal interpretation of the Baremo
- Detailed actuarial and financial calculations
- Negotiation with insurance companies
- Coordination of multiple family claims
- Psychological sensitivity and legal experience
At Roig Ruiz Abogados, we specialize in traffic accident claims in Ibiza and Formentera, with a personal, respectful and results-driven approach. We handle all aspects of the legal process so that families can focus on healing.
Free Consultation in Ibiza and Formentera
If you’ve lost a loved one in a traffic accident in Ibiza or Formentera, don’t face it alone. Contact us for a free and confidential consultation. We’ll evaluate your case and fight for the full compensation you deserve.
📞 Phone: 971 19 77 33
📩 Email: info@roigruiz-abogados.com
🌐 www.roigruiz-abogados.com
📍 Offices in Ibiza: c/ Historiador Josep Clapés 4 Ppal 3 CP 07800
