When your rights have been violated and caused you moral and/or material damage, you must defend them and do everything to bring the party who did it to justice. Moreover, there are enough legal levers for this, which can be used especially effectively by enlisting the support of qualified lawyers.
Such experts in their field work at the Prikhodko&Partners law office. We regularly represent the interests of our clients in court. So we know how to do it qualitatively and efficiently. In the meantime, we suggest that you familiarize yourself with what you need to know on the subject of compensation.
Under what conditions is such compensation possible?
Current legislation in this context defines 3 conditions that must be present for the existence of grounds for compensation. So, among them:
- Actions or inaction of the person who caused the damage. In order to hold a natural or legal person liable, there must be a specific reason, which can consist of either actions that caused the damage or inaction (for example, failure to fulfill contractual obligations).
- The person’s fault. Here we are talking about a subjective attitude to one’s own actions (or, again, inaction). It can be both intentional and careless. An example of carelessness is a situation where an employee of a beauty salon did not follow safety rules while dyeing a client’s hair, thereby causing a chemical burn. The guilty person did not seek to cause harm, but showed negligence and hoped that negative consequences would not occur.
- Causal relationship between actions and damage. Here you can give such an example. Let’s imagine that a person was treated by several doctors, and the actions of one of them caused his health to deteriorate. The patient may have enough guesses as to what happened and why, but in order to hold a particular doctor accountable, it will be necessary to carry out the necessary examinations to prove a cause-and-effect relationship between the treatment prescribed by him and the deterioration of health.
Therefore, only the presence of the three listed aspects creates a basis for compensation.
What else is worth knowing about damage and the mechanism of its compensation?
The damage is material and moral. As for pecuniary damage, here we are talking about specific losses or lost profits that can be measured in financial terms. When we talk about moral damage, it is more difficult to justify its size, since it is about intangible things – for example, an insult to honor, dignity and business reputation. Therefore, in such situations, the help of good lawyers will be especially relevant, who will help make your vision of the moral damage caused look convincing in court.
A fairly simple mechanism works here – the amount of damage must be justified. This applies to both moral and material damages. What is obvious to you is not obvious to a judge who is focused only on the case file. So, you should carefully prepare for the trial.
When you work with reliable lawyers, you get quality help, thanks to which in many situations you can justify not only the direct costs incurred, but also the lost profit. Such lawsuits are common in the field of economic legal relations.
Why the participation of a good lawyer often radically changes the course of the case?
When an individual or legal entity tries to defend its rights on its own, it is not always easy. Knowing that the truth is on your side is not the same as being able to prove it legally. And when you interact with a truly qualified attorney, he can:
- properly gather evidence regarding the existence of those 3 mandatory conditions for compensation of damage, which were mentioned above;
- correctly prove the amount of damage and give its assessment;
- file a lawsuit in accordance with all the procedural requirements put forward to him;
- use legal mechanisms to ensure the possibility of recovery of damage (for example, it can be a demand for the seizure of the property or funds of the person who caused the damage).
Therefore, cooperation with professional lawyers becomes an important advantage that gives you the opportunity to qualitatively defend your rights and legitimate interests in court. Contact the team of the Prikhodko&Partners law firm and take advantage of this opportunity.