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Administrative

Claims against public authorities (responsabilidad patrimonial)

If you have suffered harm caused by the operation of a public service —a fall on a damaged pavement, deficient public healthcare or municipal works— you can claim compensation from the public authority responsible. The general time limit is one year. We prepare the claim and its evidence and pursue it through the administrative procedure and, if necessary, before the courts.

By Aida Elias Soguero, ICAB member no. 44021 · Updated on 14 October 2026

In brief

Who it is for
Individuals and businesses who have suffered damage to their property or rights as a result of the normal or abnormal operation of a public service.
Time limit to claim
One year from the event or from when the harm becomes apparent; for physical or psychological injury, from recovery or from when the extent of the after-effects is determined.
Decision deadline
Six months from the start of the procedure; if no decision is notified in that time, you may treat the claim as rejected and go to court.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

When you can claim

  • Actual damage, capable of being valued in money and specific to you or to a group of people.
  • A causal link between the operation of the public service and the damage suffered.
  • That you are not legally obliged to bear the damage and that it was not caused by force majeure.
  • Damage that could not be foreseen or avoided with the scientific or technical knowledge available at the time is not compensated, which is particularly relevant in healthcare.
  • Filing the claim in time, stating the injuries, their cause, their economic value if possible, when the damage occurred and the evidence you propose.
  • If a contractor caused the damage, you can ask the contracting authority, within one year, to state which party is liable.

How we help you

  1. We study your case

    We look at what happened, which authority is responsible and whether the time limit is still open, and tell you what evidence to gather: photographs, witnesses, medical reports or police reports.

  2. We value the damage

    We calculate the compensation using the legal criteria; for death or personal injury, the compulsory insurance compensation tables may be used as a reference.

  3. We file the claim

    We file it with the responsible authority and follow the procedure: the service's report, evidence, hearing and, for claims of €50,000 or more against the Generalitat or local authorities, the opinion of Catalonia's Legal Advisory Commission (Comisión Jurídica Asesora).

  4. Court proceedings

    If the decision is unfavourable or not issued within six months, we consider with you an appeal to the administrative courts (recurso contencioso-administrativo), where representation by a lawyer is mandatory.

Frequently asked questions

I fell in the street because of a loose paving stone. Who do I claim against?

Usually the City Council (Ayuntamiento), which is responsible for paving and municipal roads. If the road belongs to another authority or a contractor caused the damage, the claim is approached differently. Document the spot on the same day and keep all medical reports.

I am still having treatment. When does the one-year period start?

For physical or psychological injury, the period runs from recovery or from when the extent of the after-effects is determined, not from the accident. Every case has its nuances, so it is best to review it early and not leave it to the last minute.

Can I claim for poor treatment in the public health service?

Yes, if the harm results from the operation of the health service. A poor outcome alone is not enough: damage that could not be foreseen or avoided with the medical knowledge of the time is not compensated. We review your medical records to assess whether there are grounds to claim.

Legislation

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