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 inflicter 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:
- Preparation of evidence.
- Submission of a written claim for pre-trial settlement.
- Obtaining a waiver from the culprit of the incident.
- Preparation of a statement of claim for compensation for damage caused to property.
- Appeal to the court.
- Obtaining a court decision.
- 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:
- The experience of specialists. Employees of DTK Partners have extensive experience in dealing with damages.
- We provide damage recovery services in Russia and abroad. Just leave a request on our website and a qualified specialist will contact you.