In everyday life, we often suffer damage without even being aware of it. In practice, clients do not distinguish between material and non-pecuniary damage, do not know to whom they should turn for damages, or what are the ways to compensate for them.
In the following lines we will try to help you understand this institute, which almost makes our everyday life.
There are two basic types of property damage: any impairment of property you suffer (damage or destruction of your vehicle, home, apartment…) and loss of benefit (when you are unable to work, to perform your business, or suffering any other consequences that result from the damage suffered and make you are earning less than you would earn if you have never been harmed).
The main types of non-pecuniary damage are: physical pain, mental pain, fear, impairment of life, damage, reputation, honor, liberty or personality, as well as death of a loved one. E.g. in a car accident, a person suffers injuries of such severity that result in intolerable physical suffering, intense fear, aesthetic impairment, as well as impairment of life activity (a person can no longer walk as he did before a car accident, cannot bend, cannot write, cannot give birth to children, or experience similarly serious consequences that prevent her from undertaking some basic daily activities, which overall affects the quality of her life). Each of these types of damages entitles you to compensation.
PROCEEDINGS FOR DAMAGES
Before filing a lawsuit with a competent court (whether you do it yourself or a lawyer for damages), you have the right to address the person who caused the damage or the person responsible for damages in a quiet, extrajudicial procedure. You are probably wondering what the difference is between these persons and how it is possible that they are not the same person, however, it often happens that instead of the person who caused us harm, it is compensated by someone else.
We will try to explain in the plastic example.
For example, if a car accident causes material damage to you and you suffer non-pecuniary damage as a result of the personal injury you sustained in the accident (pain, fear, injury ..), your damage will be compensated by the insurance company of the driver’s car which caused the damage insured by self-responsibility, not that person. (every vehicle must be insured against liability by the insurance company, otherwise it would not be able to register)
Also, for example, if you are harmed by a minor who has not reached the age of 7, his or her parent is responsible for the damage.
These are just some of the cases in which you will not be compensated by the person who directly caused it, and therefore the most important issue is to contact for damages in the right waz, as well as how much money to claim from the responsible person.
However, if that person does not compensate you for the damage or partially compensate you, you have the right to sue the responsible person to the competent court, in which the court will, on the basis of the presented evidence, and especially the expert witnesses (traffic engineering, mechanical or medical profession, but also forensic profession) to determine whether that person is liable and the exact amount of damage suffered.
Once the experts have determined the amount of damages, it is up to you to declare this amount in cash, and in order for your damages to be recovered in full, it is advisable that a compensation lawyer provide you with assistance in dealing with the damage https://bozoviclegal.com/kontakt/ .
Katarina S. Bozovic, attorney at law