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Assault and Bodily Injury
What is bodily injury
Bodily injury is an unlawful act that leads to damage to health, affecting the anatomical integrity and physiological functions of the human being and/or causing mental discomfort. Most often, bodily injuries occur in cases of assault and altercations, and the specific qualification of the type of bodily injury (minor, medium, or severe) is made by the court in the course of the judicial proceedings against the perpetrator. It is important to know that bodily injury is also an offence against the person and, as such, is subject to criminal prosecution.
What types of bodily injuries exist?
Depending on the degree of damage to health, the legislator distinguishes three main types of bodily injury – severe, medium, and minor. The determination of the type of bodily injury is guided cumulatively by various criteria, for example, whether danger to life has been created, whether there is loss of an organ or function of the body, how long-lasting the injury is, etc. The distinction between the different types of bodily injury is important both for the procedural means of protection and for the amount of compensation due.
Example of minor bodily injury: physical pain, temporary disturbance of health, but without danger to life, suffering caused by the unlawful act, and others.
Example of medium bodily injury: weakening of sight, hearing, difficulty in speech and/or movement of the limbs and other parts of the body, fracture of the jaw or knocking out of teeth without which chewing and/or speaking is impeded, injuries penetrating the cranial, thoracic, and abdominal cavity, and others.
Example of severe bodily injury: loss of sight, organ, reproductive capacity, and/or prolonged disturbance of consciousness, and others.
Specific features:
When several bodily injuries of different kinds have been inflicted on the injured person, the most severe injury absorbs the lighter ones. Thus, for example, if, as a result of an attack, you have lost your sight (severe bodily injury) and at the same time your hearing has been temporarily weakened (medium bodily injury), the offence is qualified as severe bodily injury.
Prognoses for future improvement of the injured person with the help of medical assistance are not taken into account.
If a certain type of bodily injury has been caused by the unlawful act, but over time and through the causal process, the health condition worsens and leads to a more severe bodily injury, the final qualification is of the more severe injury, even though it occurred later.
What compensation is due to you?
There is no doubt that the infliction of bodily injuries in itself constitutes a tort, i.e. a type of unlawful damage. It is an offence against the person and as such must be prosecuted and punished. Of course, the legislator provides for different penalties for perpetrators of such types of offences. The sanctions provided by law strictly depend on the qualification of the bodily injury and all circumstances relevant to the unlawful act, and the penalties may be fines of different amounts, probation, or even imprisonment.
In addition to the sanctions established by law, compensation for non-pecuniary damages, i.e., pain and suffering, may also be claimed. They 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.
District Court – Ruse
Cases for bodily injuries
30 CASES
Filed during the period 2016 – 2018
BGN 5,950
Average amount of compensation for 2016
≈ 9 months
Average duration during the period 2016 – 2018
District Court – Burgas
Cases for bodily injuries
29 CASES
Filed during the period 2016 – 2018
BGN 4,300
Average compensation awarded in 2018
≈ 8 months
Average duration during the period 2016 – 2018
District Court – Varna
Cases for bodily injuries
42 CASES
Filed during the period 2016 – 2018
BGN 10,750
Average compensation awarded in 2017 ≈ 8 months
≈ 11 months
Average duration during the period 2016 – 2018
District Court – Plovdiv
Cases for bodily injuries
42 CASES
Filed during the period 2016 – 2018
BGN 9,457
Average compensation awarded in 2017 ≈ 8 months
≈ 10 months
Average duration during the period 2016 – 2018
Sofia District Court
Cases for bodily injuries
53 CASES
Filed during the period 2016 – 2018
BGN 5,929
Average compensation awarded in 2017 ≈ 8 months
≈ 18 months
Average duration during the period 2016 – 2018
When claiming compensation for non-pecuniary damages that are in direct causal connection with the inflicted bodily injury, it is difficult to predict the exact amount that the court will award. However, according to established judicial practice, compensation for bodily injuries usually varies as follows:
- in case of minor bodily injury – BGN 500 – 10,000;
- in case of medium bodily injury – BGN 5,000 – 150,000;
- in case of severe bodily injury – BGN 20,000 – 250,000.
Of course, the indicated amounts are approximate and are based on delivered court decisions, but this does not make them absolute and unchangeable. The protection of people's health and bodily integrity is undoubtedly a priority of legislation, the administration of justice, and citizens in general. Therefore, it is extremely important, if you have become a victim of such an offence, to ensure responsible and high-quality protection of your rights.
The team of delikti.bg can assist you in protecting your rights effectively and in obtaining the compensation to which you are entitled. If you have become a victim of such an unlawful injury, do not hesitate to contact us.
