THE PERSONAL INJURY AND THEIR VALUATION, A LOOK FROMTHE SPANISH LAW

Abstract

In this arti cle, we discuss the difficulties that aris e from attempts to establish legal tools in order to measure the severity of personal injuries. Those tools, which aim at rendering the valuation of such injuries more objective, limit the broad discre-tion that courts use to enjoy in such matters. We focused our study principally on the injury rati ng system resulting from road accidents in the law 30/1995 of regulation and supervision of private insurance currently in force in the Spanish legal system. It highlights those aspects of the system that have been the subject of heated debate between Spain doctrine and jurisprudence, a debate which sheds light on the ostensible establishment of a common system of valuation scales of per-sonal injuries in the European Union.