Judicial Recovery of Damages
Legal representation in cases of compensation for damage to property, life and health
Chapter 59 of the Civil Code of the Russian Federation is devoted to obligations arising as a result of causing harm.
Article 1064 of the Civil Code of the Russian Federation states that harm that was caused to a citizen or his property, as well as the property of a company or other legal entity, must be compensated for by the one who caused this harm by his actions, with minor 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 harm
- Causing damage to property
- Disputes about causing harm to the life and health of citizens
The procedure for considering 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 the breadwinner, may be brought by the plaintiff at his place of residence or at the place of infliction. Claims for compensation for harm caused by virtue of paragraph 1 of part 1 of Art. 22 of the Code of Civil Procedure of the Russian Federation, cases on disputes over compensation for harm caused to the life or health of a citizen are under the jurisdiction of courts of general jurisdiction.
These cases, including those on compensation for non-pecuniary damage in the event of harm to the life or health of a citizen, in accordance with Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation, are within the jurisdiction of district courts.
Claims for compensation for harm caused by injury, 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 his residence or the place of harm (Articles 28 and 29 of the Code of Civil Procedure of the Russian Federation).
Before choosing the means and method of legal protection, a deep analysis of the case materials should be carried out, the most correct plan of action should be developed, since strategic mistakes cannot be compensated for by tactical successes, and from the very beginning there should be a plan and strategy for a legal position in a court case. After choosing the means and method of legal protection, it is necessary to act, making every effort, to achieve the intended result in court.
The statement of claim may contain claims for compensation for property damage, damage to life and health or moral damage. In this case, the plaintiff is obliged to prove the harm caused to him and its size, as well as a causal relationship between the behavior of the harm-doer and the harm that has occurred. It is mandatory to attach all documents proving the fact of harm and an assessment of its size to the statement of claim.
The main difficulty in such cases is precisely the proof of the amount of harm caused. Quite often, an examination is required to determine the amount of harm caused. It is rather difficult to prove the amount of 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.
Damage compensation cases are a rather complicated category of litigation, where good preparation is required in order to defend your violated rights and interests and receive monetary compensation in the required amount. For this purpose, before choosing the means 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.
