In Polish law both compensationand Compensation they service to compensate for damage, but they affect completely different types of loss. Although these terms may be utilized interchangeably, their meaning and application are different. It is worth knowing these differences in order to make effective claims.
Compensation – erstwhile can you apply for it?
Compensation is compensation for property damage, i.e. those that can be valued financially. Both actual losses (daminum emergens), as well as the lost benefits (lucrum cessans). To get compensation, the victim must prove causal link between the harm and the action (or negligence) of the perpetrator.
When is compensation due?
- Road accident damage
- The demolition of property by a 3rd party
- Treatment costs due to medical error
According to Article 361 of the civilian Code, compensation is intended to restoration of property before damage. This means that its amount should correspond to the losses incurred.
Reparation – what is it and erstwhile can it be received?
Compensation concerning non-mature damagesuch as:
- Pain and physical suffering
- Loss of a loved one
- Loss of quality of life
- Psychiatric trauma
Unlike compensation, compensation is not intended to compensate for financial losses, but Relief of emotional suffering. His Majesty shall find the court, given the degree of harm suffered.
Examples of situations where redress can be requested:
- Suffering after the death of a household member
- Permanent harm to wellness due to accident
- Violation of individual property (e.g. defamation)
The legal basis is inter alia: Article 444 KC (damage or disorder) and Article 448 KC (infringement of individual property).
When is compensation and erstwhile is redress?
- Compensation – erstwhile you carried material losses (e.g. car repair, treatment costs).
- Compensation – erstwhile you experienced mental or physical sufferingwhich has no financial dimension.
In any cases (e.g. a serious accident) you may apply for both forms of compensation.
Summary
- Compensation = harm to property (inclusive).
- Compensation = non-material damage (suffering, pain, failure of quality of life).
- It is worth consulting your lawyer to decently measure your claim.
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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