Determining compensation for multiple injuries

In the event of bodily injury, the guilty party must compensate the victim for all property and non-property damages resulting from the unlawful act. The Criminal Code contains the concept of bodily injury, and three types are regulated: minor, moderate and severe bodily injury.

However, how is compensation determined when several bodily injuries have been caused – should a fair amount of compensation be determined for each one, or should one general compensation be determined for all bodily injuries taken together?

What does the law say when multiple bodily injuries are caused?

All damages – pecuniary and non-pecuniary – that are a direct and immediate consequence of the tort (delict) are subject to compensation. Compensation for non-pecuniary damages is determined by the court in equity. The concept of „fairness” within the meaning of the law is not abstract, but is related to the assessment of specific objectively existing and established circumstances in the case.

One or several disabilities?

When the tortious damage is expressed in the infliction of several injuries, their number and type are relevant for the application of the stated principle, since the relevant circumstances are relevant to the severity of the harmful effect. The principle is that in the presence of one damaging effect One compensation is due. The number and type of bodily injuries sustained are relevant to:

• How severe the damage caused is, respectively
• What is the fair amount of compensation?.

In this sense, below we have retold a case from the case law of the Supreme Court of Cassation, related to an attack by a dog. The dog had escaped from its owner, but the latter is nevertheless liable for the injuries caused by the animal. The victim was bitten, causing a large laceration-contusion wound to her head, back, on the outer surface of one shoulder, laceration-contusion wounds to the fingers of her right hand and on the palms. The injury was accompanied by profuse blood loss, and delaying medical intervention would have endangered her life.

Although there were numerous separate injuries, from a legal point of view they constitute a single harmful act for which the owner of the animal must be held liable. The individual injuries, taken as a whole, as well as all the consequences for the victim's health, motivated the court to determine for fair compensation in the amount of 25,000 BGN., which is consistent with the economic situation in Bulgaria at the time of the tort (namely 2011).

If you have been injured in a similar incident, it is important to know the procedure for claiming the compensation you are entitled to.

What can our team do for you?

1. We will try to voluntary dispute settlement – we hold a meeting with the responsible person/persons, where we try to negotiate the best conditions for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2. We are filing a civil lawsuit., to claim the compensation due to you for the failure to control the animal. In addition to not owing us any fee in advance, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are present.

3. If there is a formation criminal case* in connection with the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the filed civil case, referred to above in item 2.

4. In the event of a successful outcome of the case(s), we file a lawsuit and we represent you before private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.

*It is important to be represented by an attorney in the criminal case as well, as under the Code of Civil Procedure a conviction can make it extremely easy to prove a claim for compensation afterwards. The law states that a final criminal court judgment is binding on the civil court, which examines the civil consequences of the act, regarding whether the act was committed, its illegality and the culpability of the perpetrator)