Claims of the damages
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in the field for claims of the damages. In our practice, we face with various types of [name of the category of disputes] disputes at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the claims of the damages disputes require an individual approach to each specific case and careful legal analysis.
Claims for damages
The concept and classification of losses are given in Part 2 of Art. 15 of the Civil Code of the Russian Federation. Losses are divided into real damage and loss of profit.
The real damage is:
- expenses for restoration of the violated right that have already been made or should be made;
- loss or damage to property.
Actual damage may be expressed:
- expenses that had to be incurred to restore the violated right, for example, to conduct an examination;
- at the expenses that will be required to restore the violation of the law according to the calculation made and confirmed;
- at the value of the lost property;
- at costs of restoration (repair) of the damaged property.
Lost profits represent unearned revenues that would have been received if there had been no violation of the law. Lost profit is a more complex category. This is what the plaintiff could receive, but did not receive. Lost profit may include any income that the victim (plaintiff) would have received if the counterparty had fulfilled the obligation, the rights of the victim would not have been violated, or the person who caused the loss had not performed these actions for the plaintiff.
Procedure for consideration of claims for recovery of losses
Recovery is a rather complicated category of disputes arising between participants in civil law relations.
First of all, this is directly related to the specifics of such disputes. It is difficult enough to prove to the court the very fact of any losses incurred. Before initiating the process of recovering losses, one should carefully weigh all the pros and cons, and work out a strategy for proving the existing losses.
Among other things, some difficulties in practice are caused by the process of collecting and providing evidence, and the correct formulation of their requirements in the procedural documents and the reasonable legal support of the stated requirements. It is not always the person whose interests are violated that knows the procedure for protecting their rights, including the ability to answer questions about where to go, in what form, in what time frame, etc. Therefore, for this category of dispute, it seems necessary to attract competent lawyers to avoid possible mistakes and prove their position.
- Legal analysis of documents and other evidence submitted by a client regarding the dispute for claims of the damages
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a 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 lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases for claims of the damages