Metodología para la cuantificación del lucro cesante en caso de muerte o incapacidad productiva de la víctima en el derecho uruguayo.

Abstract

The quantification of lost profits in the event of productive incapacity or death of the victim due to the harmful event must be carried out using a method built on scientific bases that provide an objective estimate. The methodology consists of a series of ordered stages with the purpose of determining the deprivation of economic benefits of the victim. The first stage consists of determining whether a liquidation is made divided between past lost profits and future lost profits with respect to the sentence, or if, on the contrary, an undivided settlement is made, without distinguishing between past and future lost profits. In turn, in a second step, the mathematical method to be used to quantify the lost profits must be determined, which can be a capital method (linear mathematics, financial mathematics, linear mathematics with discount), in which it is paid as compensation. a sum of money counted, or in the income method, in which a periodic income is paid during a certain period. In all quantification methods, the elements income, disability rate and period of functional incapacity of the victim are used to carry out the calculation.