Compensation for non-pecuniary damage

How is the amount of compensation for non-pecuniary damage determined?

In the event of an injury suffered, all damages that are a direct and immediate consequence of it are subject to compensation. The damages can be either: property, and so on non-property.

Non-pecuniary damages are the physical and emotional suffering, as well as all other negative experiences that the injured person experiences in connection with some kind of injury. Compensation for non-pecuniary damages can be claimed under civil law before a civil court if the injury is the result of a tort, as well as before a criminal court if the injury is the result of a crime.

The role of the court in determining compensation

Compensation for non-pecuniary damage is determined by the court of justice. It has only a compensatory function, its purpose is to recover all damages caused. On the other hand, justice is not an abstract concept, but a number of criteria have been developed in judicial practice, based on which the exact amount of compensation can be determined.

It should be borne in mind that judicial practice is very dynamic and changes frequently. The amounts of specific compensation awarded take into account numerous factors - both those related to the specific case and those related to the socio-economic conditions in the country. The Supreme Court of Cassation has repeatedly stated these criteria in his decisions. Knowledge of his practice is of great importance for the successful conclusion of your case.

Court criteria

Objective circumstances in the case of bodily injury may include the nature of the injury, for example whether it is a fracture or a bruise. The manner in which the injury was inflicted, as well as the circumstances in which it was inflicted or occurred, are also taken into account.

The age of the injured party, his social status, the relationship between the injured party and the relative who is seeking compensation for non-pecuniary damage are also important. A number of other circumstances are also taken into account, which the court is obliged to discuss and, based on their assessment, conclude what amount of compensation should be awarded for non-pecuniary damage in fairness.

How can we assist you?

Non-pecuniary damages are more difficult to prove than pecuniary ones, as they are part of a person's mental experiences. If you contact us, we will provide you with a consultation.regarding your rights in the event of non-pecuniary damage suffered. If necessary, We can also take on the legal defense of your case.