Damage to Health or Property
One of the activities of our law office is representing the interests of clients in cases related to civil offenses, as a result of which material or moral damage was caused.
The basis for filing a lawsuit under civil law in order to obtain monetary compensation for the damage caused is the commission of an offense which is enshrined in the articles of the law. An important role in this matter is played by the fact that not all cases of damage guarantee the victim the right to compensation.
To determine whether there has been damage on the part of the offender, which gives the right to compensation, two conditions must be checked:
- whether the act or omission of an offender is an offense under the Civil Code;
- an offender committed the offense intentionally or by negligence and caused material or moral damage.
Only if the answer to these questions is yes, the aggrieved party can apply for compensation.
It is important to understand that the amount of compensation due to be paid depends on the amount of the damage that was proven during the trial. The rule is simple – the greater the damage is, the greater the compensation is.
However, determining the amount of compensation is not an exact science. Concomitant circumstances and judicial practice influence the final decision when considering a case.
While considering cases, it is much easier for the courts to determine the amount of tangible damage. For example, consider a situation where a person, walking down the street, accidentally fell into an open sewer hatch and broke his leg, as a result of which he was forced to be absent from work for a month. In this case, it is not difficult to calculate the damage. When determining the amount, the court will take into account the salary for the previous month and the cost of medical expenses that the victim has spent on his treatment (provided that everything is documented and attached to the claim).
As a rule, determining the amount of non-pecuniary damage compensation is a much more complicated process. How to evaluate pain in the situation with a fracture? How to fairly compensate the victim for his suffering? Is pain of a child worth more than pain of an adult or an elderly person? Here, when determining the amount of compensation, the court is not bound by the stated requirements and evaluates subjectively, taking into account the principles of reasonableness and fairness.
Also, we must not forget that in some cases, in order to file a claim and receive compensation, a victim has the right to apply to different instances. For example, if a person is a victim of a traffic accident on the way to work, they can choose two options:
- Contact the insurance company and receive compensation as a victim of an accident;
- Apply to the National Insurance Institute and receive compensation as a person insured against an accident at the workplace, since, according to the law, the way from the place of residence (or the place of overnight stay of the employee) to work is also recognized as a workplace.
The final amount of compensation will depend on where the victim applies for the protection of their rights for the damage caused. In each case, depending on the place of filing, there are always pros and cons.
Without having the necessary level of knowledge in this area, you can easily make a mistake and get a smaller amount, so it is very important to contact a specialist in time. A lawyer will help you protect your rights in a better way, advise where it is better to file a claim, and also help you get higher compensation for the damage caused.
