Compensation of damages

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Compensation of damages

The legislation establishes the obligation of the person who caused the damage to compensate the victim in full. The damage caused to the life and health of citizens, as well as their property, is subject to compensation. It can be caused as a result of poor-quality work, accident or when using a source of increased danger. Also, the owner has the right to compensation for damage caused to his property.

Recovery of damages

The process of recovering compensation includes proving the existence of a causal relationship between the losses incurred and the actions of the defendant. If the collector pays little attention to the preparation of appropriate evidence, then the risk of failure to satisfy the requirements is high.

The obligation to pay compensation lies with:

  • to the person guilty of harm;
  • the legal representative of a minor or legally incompetent culprit;
  • to a legal entity that caused damage to property or health of citizens;
  • to the insurance company, if the inflictor of harm or the victim was insured.

Popular causes of harm are poor-quality medical services, road accidents, air crashes, damage caused by the respondent’s pets.

And property of citizens most often suffers as a result of flooding, traffic accidents and fire.

Procedure for recovering compensation from the perpetrator of the incident

Thus, it is necessary to prove the fact of harm itself, as well as the size of the harm done. The applicant must collect documents that confirm his expenses for treatment, repair of property or the purchase of a new facility.

In order to prove a causal relationship, it is necessary to conduct an expertise. Only if there is an expert opinion on the existence of a connection between the actions of the defendant and the ensuing consequences, it will be possible to seek compensation in a judicial proceeding.

Algorithm of actions:

  1. Preparation of evidence.
  2. Submission of a written claim for pre-trial settlement.
  3. Obtaining a waiver from the culprit of the incident.
  4. Preparation of a statement of claim for compensation for damage caused to property.
  5. Appeal to the court.
  6. Obtaining a court decision.
  7. The direction of the writ of execution for enforcement.

At each stage of compensation for damage caused to property, legal support is useful. Lack of proper evidence, the result of the relevant examination or incorrect formulation of the requirements may lead to the refusal to satisfy the requirements.

Legal services in connection with recovery of damages

To receive compensation, you must obtain the following services of a lawyer:

  • assistance in collecting evidence;
  • ordering the necessary expertise;
  • execution of acts of causing damage (act of flooding or fire);
  • preparation of pre-trial claims;
  • Negotiating with the culprit of the incident;
  • negotiating with an insurance company;
  • preparation of a statement of claim;
  • sending documentation to the court;
  • representation of the principal in court;
  • debt collection control.

Assistance from DTK Partners to recover compensation

Advantages of contacting DTK Partners:

  1. The experience of specialists. Employees of DTK Partners have extensive experience in dealing with damages.
  2. We provide damage recovery services in Russia and abroad. Just leave a request on our website and a qualified specialist will contact you.

In Russia, the procedure for obtaining compensation for damage caused usually includes the following stages:

1. Negotiations and settlement: The victim and the tortfeasor may attempt to reach an agreement regarding compensation for damage during negotiations.

2. Going to court: If negotiations do not lead to an agreement or the tortfeasor refuses to compensate for the damage, the victim has the right to go to court with a claim for compensation for the damage caused. In this case, it is necessary to draw up a statement of claim and provide all the necessary evidence of the damage.

3. Trial: The court considers the evidence presented and the arguments of the parties and makes a decision on compensation for damage. In the event of a positive decision, the tortfeasor is obliged to comply with the court decision and compensate the victim for the damage.

4. Execution of the court decision: Upon receipt of a court decision in favor of the victim, the tortfeasor must fulfill the obligations to compensate for damage in accordance with the court decision.

It is important to note that in the event of disputes regarding compensation for damage, it is recommended to contact a qualified lawyer for advice and representation in court.

A special feature of compensation for damage caused by a source of increased danger under Russian law is the application of the principle of strict liability. This principle stipulates that persons or organizations operating hazardous facilities or carrying out activities using hazardous substances are liable for the damage caused regardless of fault.

The main features of compensation for damage from a source of increased danger include:

Unconditional liability: Operators of hazardous facilities or enterprises using hazardous substances are liable for damage caused to third parties, even if they were not at fault for the event.

Compulsory insurance: Operators of sources of increased danger are required to have civil liability insurance. This ensures financial protection for victims and compensation for damage, even if the source of harm is unable to compensate for the damage on its own.

Compensation in full: Victims have the right to full compensation for the damage caused, including material and moral damage, as well as the costs incurred for restoration and treatment.

Special mechanisms for establishing liability: A special procedure provided by law may be used to determine liability and the amount of compensation for damage. This may include conducting an examination, assessing damage and other procedures.

Thus, the peculiarity of compensation for damage caused by a source of increased danger under Russian law is a high degree of protection of the rights of victims and the application of the principle of strict liability to operators of hazardous facilities.