Compensation for bodily injury

What is bodily harm?

Bodily harm is an unlawful act that results in damage to health, affects the anatomical integrity and physiological functions of a person and/or causes mental discomfort. Bodily harm most often occurs when beating and altercations, with the specific qualification of the type of bodily injury (mild, moderate or severe) being carried out by the court during the course of the legal proceedings against the perpetrator. Bodily injury is also a crime against the person and as such is subject to criminal prosecution.

Is bodily harm only „physical“?

Mental disorders and other pain and suffering suffered as a result of a wrongful and unlawful act also constitute a type of bodily injury, i.e. not only physical injuries are such.

Types of bodily injuries?

Depending on the degree of damage to health, the legislator distinguishes three main types of bodily injury – severe, moderate and mild. To determine the type of bodily injury, various criteria are taken into account – whether there is a danger to life, whether there is a loss of an organ or function of the body, how long the injury lasts, etc. The distinction between the different types of bodily injury is important both for the procedural order of protection and for the amount of compensation due.

Example of minor bodily injury: physical pain, temporary health impairment but not life-threatening, suffering caused by the unlawful act, and others.

Example of medium bodily harm: impaired vision, hearing, difficulty speaking and/or moving limbs and other parts of the body, broken jaw or knocked out teeth, without which chewing and/or speaking becomes difficult, injuries that penetrate the cranial, thoracic and abdominal cavities and others

Example of serious bodily injury: loss of vision, organ, fertility and/or prolonged mental disorder and others

Specific features:

• When the victim has suffered several types of bodily injuries, the most serious injury absorbs the lighter ones. For example, if as a result of an attack you have lost your sight (serious bodily injury) and at the same time your hearing is temporarily impaired (moderate bodily injury), then the crime qualifies as serious bodily injury.
• Forecasts of future improvement of the victim with the help of medical care are not taken into account.
• If the unlawful act caused a certain type of bodily injury, but over time and the causal process leads to a deterioration in the state of health and a more serious bodily injury, the final qualification is the more serious one, even though it occurred later.

What compensation can you receive?

Causing bodily harm in itself constitutes an unlawful act, i.e. a type of tort. The sanctions provided by law depend on the qualification of the bodily harm and all circumstances relevant to the unlawful act, and the penalties may range from fines of varying amounts, probation or even imprisonment.

In addition to statutory sanctions, compensation for non-pecuniary damages, i.e. pain and suffering, may be claimed. These also depend on the type of bodily injury, the manner in which it was inflicted, and a number of other legally relevant facts and circumstances.

When claiming compensation for non-pecuniary damages that are directly causally related to the bodily injury, it is difficult to predict the exact amount that the court will award. However, according to case law, compensation for bodily injuries usually varies (the amounts indicated are indicative):

• in case of minor bodily injury – 500 – 10,000 leva;
• for average bodily injury – 5,000 – 150,000 leva;
• in case of serious bodily injury – 20,000 – 250,000 leva.

The Delikti.bg team and Georgiev & Petrov Law Firm„ can help you both in criminal proceedings against the perpetrator, as well as in proceedings to claim property and non-pecuniary damages. You will only be paid if you are successful!