Recovery of Damages
Preparation of a claim in court for the recovery of damages. Legal representation and other legal services in the recovery of 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 actual damage and lost profits.
Real damage is:
- expenses for the restoration of the violated right, which have already been made or should be made;
- loss or damage to property.
Real damage can be expressed as:
- expenses that had to be incurred to restore the violated right, for example, for the examination;
- costs that will be required to restore the violation of the right according to the made and confirmed calculation;
- value of the lost property;
- costs of restoration (repair) of damaged property.
Lost profits are lost profits that would have been received if there had been no infringement of the right. Lost profits is a more complex category. This is what the plaintiff could have received, but did not. Lost profits 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 losses would not have committed these actions against the plaintiff.
The procedure for considering disputes on the recovery of damages
Recovery of damages is a rather complex 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 quite difficult to prove to the court the very fact of the existence of any losses incurred. Before initiating the process to recover damages, you should carefully weigh all the pros and cons, work out a strategy to prove existing losses.
Among other things, in practice the very process of collecting and providing evidence causes some difficulties, and, in addition, the correct formulation of their requirements in procedural documents and reasonable legal support for the stated requirements. Also, the person whose interests have been violated does not always know the procedure for protecting their rights, including being able to answer questions about exactly where to apply, in what form, within what time frame, etc.
Therefore, for this category of dispute, it seems necessary to involve competent lawyers in order to avoid possible mistakes and prove one’s position.
