Disputes regarding compensation for harm
One of the important areas of practice for lawyers at BRACE Law Firm is the provision of legal services to represent interests in court in cases of compensation for harm. In our practice, we face with various types of disputes for redress at various stages of dispute resolution, including pre-trial and judicial. Our advantage is the availability of extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Disputes regarding compensation for harm
Chapter 59 of the Civil Code of the Russian Federation is devoted to obligations arising from harm.
Article 1064 of the Civil Code of the Russian Federation stipulates that damage caused to a citizen or his property, as well as property of a company or other legal entity, must be compensated by the person who caused this damage by his actions, with a few exceptions that allow compensation at the expense of another person who was in any way responsible for the actions of the person who caused the harm, more than the person himself.
Types of Disputes
- Property disputes
- Disputes about causing harm to the life and health of citizens.
Procedure for consideration of disputes on compensation for harm
A claim for compensation for harm caused to health, injury or other damage to health, as well as the death of a breadwinner, may be brought by the plaintiff at his place of residence or at the place of causing. Claims for compensation for damage caused by virtue of paragraph 1 of paragraph 1 of Art. 22 Code of Civil Procedure of the Russian Federation cases of disputes for compensation for harm caused to the life or health of a citizen are subject to the courts of general jurisdiction.
These cases, including compensation for non-pecuniary damage in case of harm to the life or health of a citizen, are subject to district courts in accordance with Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation.
Claims for compensation for harm caused by mutilation, other damage to health or as a result of the death of the breadwinner can be brought by a citizen both according to the general rule of territorial jurisdiction - at the place of residence of the defendant (at the location of the organization), and to the court at the place of residence or the place of damage (Articles 28 and 29 of the Code of Civil Procedure of the Russian Federation).
Before choosing a remedy and method of legal defense, a thorough analysis of the case materials should be carried out, the most correct plan of action should be worked out, since strategic errors cannot be compensated by tactical successes, and from the very beginning there should be a plan and strategy of a legal position in the court case. After choosing the means and method of legal protection, it is necessary to act, making maximum efforts, to achieve the intended result in court.
The statement of claim may contain claims for compensation for property damage, harm to life and health, or moral damage. In this case, the plaintiff is obliged to prove the infliction of harm to him and its size, as well as a causal relationship between the behavior of the inflicter of harm and the harm that has occurred. Without fail, all documents proving the fact of causing harm and an assessment of its size should be attached to the statement of claim.
The main difficulty in such cases is precisely the proof of the size of the harm done. Quite often, an examination is required to determine the extent of the harm caused. It is difficult enough to prove the extent of the harm caused to the health of a citizen. To determine the severity of harm to health, the degree of disability, the conclusion of a forensic medical examination is necessary.
Cases for compensation for harm are a rather complex category of litigation where good preparation is required in order to defend their violated rights and interests and receive monetary compensation in the required amount. For this purpose, before choosing a remedy and method of legal protection, we conduct an in-depth analysis of the case materials, developing tactics for protecting the interests of the client and further judicial representation.
- Legal analysis of documents and other evidence submitted by the client in a dispute on damages
- Advising lawyers at BRACE Law Firm on the prospects for judicial and / or pre-trial settlement of a dispute
- Preparation and submission of the claim (in the event that a mandatory pre-trial procedure is provided or the submission of the claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by BRACE lawyers and lawyers and completion of all necessary procedural actions
- Coordination in several parallel processes
- Legal assistance in administrative matters
- Preparation and support of the conclusion of amicable agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory review
- Support of enforcement proceedings
- Other legal assistance in damages litigation