Expertise
Tort & Compensation Law
Tort and compensation law aims to remedy pecuniary and non-pecuniary harm caused by unlawful acts, fault, accidents, workplace accidents, wrongful acts or breach of contract. Claims arise where bodily integrity is harmed, working capacity is lost, a relative dies, economic loss occurs or a person suffers emotional harm. Accurate assessment of fault, full calculation of the loss and identifying the correct respondent are the most critical elements.
Pecuniary and Non-Pecuniary Damages; Process
Pecuniary damages cover economic losses such as treatment costs, loss of earnings, reduced working capacity and loss of support. Non-pecuniary damages compensate for pain and suffering. The scope is determined through fault ratios, actuarial (disability) calculations and expert review.
The process starts when the harm occurs; the events, fault, amount of loss and those responsible are identified. Timely collection of evidence (accident report, fault report, hospital and disability reports, social security documents) and claiming all heads of damage are of great importance.
Traffic Accident Compensation
In injury cases, treatment costs, temporary/permanent incapacity compensation, care costs and economic losses; in fatal cases, loss-of-support compensation for dependants (spouse, children, parents) and non-pecuniary compensation for relatives may be claimed.
Compulsory traffic insurance, comprehensive (kasko) and optional liability policies are assessed within fault and limits; where the insurer underpays or refuses, the Insurance Arbitration Commission or litigation is used. Diminished value, damage and loss-of-use are separate heads of claim.
Workplace Accident and Occupational Disease
Where a worker loses earning capacity in a workplace accident, pecuniary damages (permanent/temporary incapacity, treatment and care costs, loss of future earnings) and non-pecuniary damages may be claimed. In fatal accidents, relatives may claim loss of support and non-pecuniary damages.
Whether the employer took occupational health and safety measures, provided training and protective equipment, whether the accident was preventable, and fault are examined in detail; the liability of the employer, sub-contractor and principal employer is assessed separately.
Medical Malpractice
Breach of the duty of care during diagnosis, treatment, surgery or a medical intervention may give rise to pecuniary and non-pecuniary damages. Whether the harm was a complication or an error is determined through medical records, the informed-consent form and specialist expert review.
Torts and Violation of Personal Rights
Where harm results from an unlawful and faulty act, compensation may be claimed in tort (physical assault, damage to property, violation of personal rights, etc.).
Where a person’s honour, reputation, private life, personal data, image, voice or name is unlawfully violated, non-pecuniary compensation may be sought. Social media posts, insult, defamation and violation of privacy are frequent here.
Compensation for Breach of Contract
Non-performance or improper performance of a contractual obligation, defective/incomplete performance, late delivery or wrongful termination may give rise to liability. Contract terms, payment documents, notices, the state of performance and the amount of loss are assessed together.
Our Compensation Law Services
Our main services on behalf of injured parties and rightholders:
- Pecuniary and non-pecuniary damages from traffic accidents
- Loss-of-support and non-pecuniary compensation in fatal accidents
- Permanent/temporary incapacity, treatment and care-cost claims
- Diminished value, damage and loss-of-use; insurance applications and arbitration
- Compensation from workplace accidents and occupational disease
- Medical malpractice compensation actions
- Non-pecuniary compensation for torts and violation of personal rights
- Compensation for breach of contract; mediation and appeal proceedings
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Tort & Compensation Law
For torts, the general period is two years from learning of the damage and the liable party, and in any event ten years. Where the act is also a criminal offence, the longer criminal limitation period applies, which may also arise in traffic accidents.
It is advisable to have the actual loss calculated before accepting. A signed release may, depending on its terms, make later additional claims difficult.
Courts consider the severity of the event, the degree of fault, the parties’ economic and social circumstances and how the event occurred. The amount is at the judge’s discretion, guided by precedent.
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