What are non-pecuniary damages and what compensation is due for them? 

If you have been injured in an accident and want to find out if you are entitled to compensation, it is good to know what type of damages it may be. Damages are generally divided into two types - pecuniary and non-pecuniary. 

Property damage are material losses that you may have suffered as a result of another person's unlawful act or omission. They are measured in money and are subject to proof through documents, such as receipts, invoices or contracts. Property damages can also be in the form of lost profits - in this case, there must be a high degree of probability of their receipt in order to be compensated by the responsible person.  

Non-pecuniary damages affect the personality and psychological state of the victims. They are damages that cannot be measured in specific financial values and usually include physical or mental pain, suffering, emotional distress, humiliation, loss of reputation and other similar consequences. Although they are not related to material losses, they can also have a serious effect on the life and well-being of the person affected. 

Non-pecuniary damages can be categorized into several types: 

• Physical pain and suffering – for example, in the event of bodily harm resulting from Road accident, slip or fall, medical error, work accident, sports accident, dog bite, beating or other incidents. 

• Mental suffering – stress, anxiety or depression caused by accidents, medical errors or other negative events. 

• Humiliation and loss of reputation – these damages usually arise as a result of defamation or insult. 

• Violation of personal rights – including violation of personal privacy, through defamatory statements or misuse of personal data. 

How are compensation for non-pecuniary damage determined?  

In Bulgaria, compensation for non-pecuniary damage is determined by the court in equity, and any person who has suffered such damage has the right to file a claim for compensation. The amount of compensation cannot be calculated directly in money, since the damage is not related to specific monetary losses. Instead, the court takes into account a number of factors to determine fair compensation. 

The main criteria that the court considers when determining compensation include: 

1. Severity of the injury: How serious are the physical and mental consequences for the victim, including whether the person has any chance of recovering at all or not 

2. Duration of suffering: How long the victim's suffering has lasted or will last. 

3. Social and professional situation of the victim: The possibility that the disability will affect the personal or professional life of the victim. 

4. Presence of previous injuries or illnesses: Existing illnesses or other physical or mental conditions that may affect the assessment of disability. 

5. Presence of guilt on the part of the perpetrator: If the damage was caused by negligence, malicious conduct or intentional act. 

Also, depending on the case, the court may request psychological and medical expert reports to determine the severity of the damages and calculate the appropriate compensation. It is important to note that the law gives the court discretion in determining the amount of compensation, taking into account all the circumstances related to the specific case. 

Types of cases in which non-pecuniary damages may arise  

Non-pecuniary damages can arise in various situations, such as:  

• Road accidents (PTP): In the event of an accident, a collision on a pedestrian crossing, or other traffic accident, the injured party may claim compensation for medical treatment, pain and suffering, as well as possible long-term injuries or disability.  

• Medical errors: In the event of incorrect treatment or diagnosis, patients may suffer physical or mental suffering, which may also be compensated as a consequence of medical error. 

• Labor accidents: In work accidents, workers may suffer non-pecuniary damages that may be compensated. 

• Violations of personal rights: Unlawful use of personal data, violation of privacy or other similar cases. 

• Dog bite, slip, fall and others. 

Court practice on compensation for non-pecuniary damage  

In Bulgaria, the Supreme Court of Cassation (SCC) has a vast body of case law on non-pecuniary damages and compensation for them. It emphasizes that the main purpose of compensation is to restore justice, taking into account the personal suffering and hardship that the victim has endured. 

An analysis of case law shows that the amount of compensation for non-pecuniary damage can vary significantly depending on the severity of the injury, as well as the specific case. However, there is a certain practical guideline that the court follows to ensure justice for the victim. 

If you have suffered non-pecuniary damage, it is important to consult with specialists such as these in the Delikti.bg team, who can help you prepare a claim for compensation, as well as guide you through the legal process. Contact us for a consultation, if you were injured in a traffic accident, a work accident, from a slip or fall, as a result of medical error, from a falling tree, you were bitten by an animal or in another incident.