Wednesday, August 20, 2014

Almost half of the families in the Spanair crash has already been … – elEconomista.es

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Almost half of the families of the victims of the crash of Spanair flight JK 5022 at Madrid-Barajas airport has already received their compensation from the insurer Mapfre when six years after the tragedy are met through court settlements.

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Today, as he recalled in an interview the attorney for Mapfre Spanair, Paulino Fajardo, if there are several open court proceedings for compensation claims and the insurer requests that judgment is rendered immediately after the previous hearings that are being held.

“It’s been six years since the accident, but during the first four years a complex criminal case was handled. Only the first half of 2013 demand was received requesting civil damages as a result of the accident and Mapfre was then made available to all victims compensation deposited in court, “summarized the lawyer.

Mapfre, the insurance liability Spanair As an international carrier, insists he wants to pay as soon as possible compensation for the crash of flight 20 August 2008 bound for Gran Canaria and which 154 passengers were killed and another 18 injured.

But so far, and waiting for the justice system decides, counsel explains that 43% of the families of the deceased passenger has received a total of 21 million in compensation, which we must add 13 million made available to the victims “for the charge if they wish.”

In total, 34 million euros, the amount by which the cost of Mapfre sinister figure using the same criteria that the courts have continued to disasters like the tragedy of 42 Yakovlev, the flood of Biescas campsite The loss of the Italian cruise ship Costa Concordia or train accident in Chinchilla.

In Spanish law there is no specific standard for determining the amount of compensation for damage to aircraft accidents, despite the widespread practice of the courts is to apply the rating system damage in accidents traffic and increase the quantities according to the circumstances of the incident.

Mapfre lawyer defends these criteria, endorsed by the Supreme Court and the Constitutional Court, which involve taking into account the personal circumstances and enable “adjust to the compensation that offers” which in this case is 30% higher than the scale, in line with the approach taken by the judge in the crash of Chinchilla.

However, there are discrepancies between Mapfre and some victims when assessing the damage and the justice will have to resolve, which the insurer expects to arrive soon and to that end has asked the accumulation of filings.

“In cases like this, where there are a number of claims that are processed in different cities and courts, it is logical to ask them to collect in a single court for there to be a joint decision,” Mapfre justifies attorney.

“This not only ensures equal treatment and objective of the victims, but also conducive to a prompt resolution of all claims,” ​​adds Paulino Fajardo.

In addition, to streamline the process and speed up the recovery of compensation for the families of the victims, Mapfre has withdrawn sue at this procedural stage the aircraft manufacturer Boeing as ultimately responsible for the crash of Flight JK 5022 .

Shortly after the accident, the insurer proceeded to pay an advance payment of compensation amounting to 25,000 euros for each passenger and took charge of the funeral and burial expenses, while he meet expenses of various kinds

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