Compensation is a monetary form of compensation that the injured party receives from the person who caused the damage in the event of damage. The injured party claims compensation in the form of compensation claims, either out of court or in court on the basis of an appropriate compensation claim. When claiming compensation, it is necessary to be careful, as the law stipulates limitation periods. The classic limitation period for claiming compensation is 3 years from the date the injured party learned of the damage and no later than 5 years from the date the damage occurred. There are also exceptions to the time limit for claiming compensation, such as. e.g. in the case where the injured party is still undergoing treatment and the amount of the damage is not yet known. In the event of any questions in this area, be sure to contact a compensation lawyer .
Compensation can be claimed in the event of various types of damage. Thus, compensation is paid in the event of property damage as well as in the event of non-property damage. Property damage is fairly clear and does not require any special explanation, while non-property damage is more complex and consists of several items. Compensation for causing non-property damage usually includes compensation for damage due to mental pain – fear, disfigurement, physical pain, reduced life activities of an individual, etc. However, the occurrence of damage itself is not enough for the injured party to claim compensation. In addition to the damage itself, other elements of compensation must also be clearly proven, such as liability for damages. Liability for damages in the event of compensation is in most cases subjective in nature. This means that the person causing the damage is only liable for it in the event of fault – intent or negligence.
Compensation
In certain cases, the law also allows compensation based on strict liability. This means that the person who caused the damage is liable for the damage regardless of whether he is at fault for it or not. Classic examples of such liability apply to holders of dangerous goods or to those who engage in dangerous activities. Compensation based on strict liability is also considered in other special cases, e.g. in the case of bus drivers in public transport. When we talk about proving guilt in relation to compensation, we know two types of guilt, namely intent or negligence. This means that the person who caused the damage must be proven either to have acted intentionally or to have acted negligently, which means that he did not cause the damage intentionally, but could have prevented it with some care.
The amount of compensation can vary greatly. In general, the lowest compensation is paid in cases of non-pecuniary damage in the form of mental anguish due to insult or mild mobbing at work. The highest compensation is usually paid in cases of serious physical injuries or disabilities that occur as a result of various attacks on the body, traffic accidents or even medical errors. When you visit our law firm, a compensation lawyer will explain your options for claiming appropriate compensation, the possibility of a possible victory in court, as well as the amount of compensation. Obtaining high compensation also requires, among other things, a good knowledge of case law, which you should ask your lawyer about. Compensation is never guaranteed, and this is even more true when high compensation is desired. Your lawyer will ensure that your compensation is claimed correctly, on time and in a way that is as high as possible. We believe that only high compensation is good compensation for our client.
