In Polish law both compensationand Compensation they service to compensate for harm, but they concern completely different types of damage. Although these terms may be utilized interchangeably, their meaning and application disagree substantially. Why does it matter? due to the fact that it depends on the appropriate determination of the kind of claim whether you receive full compensation for the harm suffered.
Compensation – erstwhile can you claim a return of material losses?
Compensation is cash benefitwhich aims to repair of property damage – i.e. those that can be expressed in a circumstantial amount. It includes:
- Actual losses (e.g. car repair costs after the collision),
- Benefits Lost (e.g. income that the victim lost due to temporary incapacity for work).
Examples of situations where compensation is granted:
harm to property due to accident,
Treatment costs due to medical error,
Financial losses resulting from a break at work.
According to Article 361 of the civilian Code, compensation has restore property before damage. This means that the victim should not profit from it, but must not be lost.
Compensation – How to receive compensation for pain and suffering?
Compensation concerns non-mature damage, i.e. those that cannot be accurately valued. It includes:
- Physical pain,
- Mental pain,
- Loss of quality of life,
- Losing Life’s Joy (e.g. after a serious accident).
When can you request compensation?
After the death of a loved 1 (for trauma),
In the event of permanent injury,
erstwhile individual property was violated (e.g. defamation).
The compensation shall be determined by the court, taking into account the the degree of suffering and long-term effects events. The legal basis is among others. Article 444 KC (for bodily injury or wellness disorder) and Article 448 KC (for violating individual property).
What benefit do you receive? See how to effectively assert your rights
In any cases you can apply both for compensation and compensation. For example, if as a consequence of an accident:
- You've suffered medical expenses. (compensation),
- You have experienced severe pain and stress (reparation).
The key is evidence of damage and demonstration of causality between the event and the injury. It is worth consulting a lawyer to increase the chances of full compensation.
Summary: Compensation vs. compensation
| Type of injury | Property | Non-small |
| Purpose of the payment | Recovery of financial losses | Compensation for pain and suffering |
| Legal basis | Article 361 KC | Articles 444 and 448 KC |
If you have suffered harm, do not delay— check your claimAnd do it!
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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