Claim for compensation for damage caused to health

Compensation for damage caused to health. We guarantee a refund if your case is lost. Our phone number is in Moscow.

Compensation for harm to human health and life is one of the most complex categories of cases in judicial practice. This is due to the fact that these disputes are accompanied by many legal nuances. It is quite problematic for an unprepared person to understand these issues on their own, therefore, to successfully resolve the process, it is better to enlist the support of an experienced lawyer.

In accordance with current legislation, our board has insured its liability to clients for 5 million rubles. If the case is unsuccessful, the insurance company will compensate for all losses within the specified insured amount.

Federal Law on advocacy and the legal profession in the Russian Federation dated May 31, 2002 N 63-FZ (Article 19. Insurance of the risk of a lawyer’s liability): A lawyer, in accordance with federal law, insures the risk of his professional property liability for violation of the terms of an agreement concluded with the client on providing legal assistance.

Our company is the only one that provides liability insurance for lawyers! We are the first legal entity that guarantees the return of funds in the event of a verdict not in favor of our client.

When to write: general questions

A claim is filed if:

• damage has been caused;
• there is a specific cause of it (both directly and indirectly - a vehicle belonging to a citizen, as a result of an animal bite that was not supervised, the employer’s property, etc.).

If there is harm to health, a claim for compensation may include demands for full compensation, including expenses for treatment, lost earnings, the purchase of prosthetics or treatment in a sanatorium, etc. The main criterion is the need for expenses to restore health. It is established based on the prescription of the attending physician.

Limitation period under Art. 208 of the Civil Code of the Russian Federation does not apply to these requirements. But if it is missed (3 years from the moment the corresponding right arises), the requirements will be satisfied for a period of 3 years before the court appeals.

The essence of harm and the rules for its compensation

According to the logic of the legislation of the Russian Federation, harm must be understood as everything that is associated with the occurrence of any type of damage to one person - moral or material, arising due to the actions or inaction of another person. However, the Civil Code of the Russian Federation is focused primarily on creating rules for regulating relations that relate to economic aspects of life, both included and not included in the framework of entrepreneurial activity. Therefore, harm is all the negative things that can happen due to someone else’s fault. Harm should be considered the consequences of failure to fulfill obligations under a transaction or flooding of an apartment, the result of careless handling of things, and the like.

Effect of Art. 1064 of the Civil Code of the Russian Federation applies not only to contractual, but also to non-contractual relations between persons.

This article determines that any harm must be compensated in full to those who caused it. And by any we mean harm caused to the person or property of a citizen or the property of a legal entity. This is indicated by paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation and this reflects the equality of all persons before the law. Of course, the identity of a citizen is highlighted separately for the reason that legal entities do not have personalities. In a legal context, the concept of “personality” differs from that generally accepted in psychology or social aspects. Harm to the individual can be understood as everything that relates to a person - his health and even his appearance.

The legal application of the provisions of the general tort of civil liability is somewhat limited by Art. 1083 of the Civil Code, which allows for a reduction in the level of compensation due to the negligence of the victim himself or the property status of the tortfeasor.

The first paragraph of the article usually does not raise any questions, but the continuation may seem strange to those who are not familiar with the intricacies of various legal aspects:

• liability for compensation for damage may be imposed by law on someone who did not cause it;
• the person who caused the harm may be liable to pay compensation higher than the amount of harm he caused;
• The law may determine compensation for harm even in the absence of the fault of the person who caused it.

This is because situations where a person is harmed can be complex. A fire brigade rushing to put out a fire may damage someone's property, but without committing a formal offense. When saving lives, it is sometimes impossible to think about the economic consequences of the rescuers' actions.

Economic or moral damage may also arise due to the existing operational situation related to the detention of criminals or counter-terrorism measures. In the latter case, the Federal Law “On Combating Terrorism” comes into force, and according to its Art. 18 the state assumes the obligation to compensate the consequences of the victims of a terrorist attack if they receive a material loss.

The article ends with the rule that compensation for harm to the victim may be refused if the harm was caused at his request or with the consent of the victim, and the actions of the person who caused the harm did not violate the moral principles of society. This applies primarily to doctors who may carry out medical interventions associated with increased risk, but after informing the patient about it and obtaining his consent.

Where to submit

In accordance with Art. 23 of the Code of Civil Procedure of the Russian Federation, property claims (which include claims for compensation for damage, since the plaintiff requests certain amounts in compensation for damage to health) are considered:

• by justices of the peace - if the value of the claim is up to 100,000 rubles;
• district or city courts - if the value of the claim is more than 100,000 rubles.

The cost of a claim is a special procedural category that allows you to determine jurisdiction and the amount of state duty. In accordance with Art. 91 of the Code of Civil Procedure of the Russian Federation, this is the sum of all the plaintiff’s claims. At the same time, according to Art. 333.19 of the Tax Code of the Russian Federation, it includes only claims that are subject to assessment, that is, compensation for moral damage is not included in it. In addition, when collecting periodic payments, payments for 3 years are taken into account.

Classification of harm

Damage caused to human health is included in the category of intangible benefits. It is expressed:

1. In property form, when the extent of damage can be accurately assessed.
2. In a moral form, when the damage brought physical and moral suffering.

What to indicate

To increase your chances of winning a dispute, be sure to include a description of the factual circumstances in your statement of claim for compensation for damage caused to health. State them without judgment and accurately, in full accordance with supporting documents. Legal justification is also necessary. The basic rules are contained in Chapter 59 of the Civil Code of the Russian Federation on obligations arising as a result of causing harm. Depending on the specific circumstances of the incident, it may be necessary to refer to special rules of law.

How to compensate for damage to life or health

The grounds, methods and procedure for compensation for damage are generally the same for individuals and legal entities. The organization must compensate for the harm if, for example, it was caused by an employee or it happened due to a shortage of goods, and also in the case when the harm was caused by a source of increased danger. Compensation for damage is possible in kind or in money. This can be done voluntarily or by court order. Sometimes you need to pay monthly, and sometimes the court may order you to pay the amount in a lump sum. Moreover, the latter is possible in relation to some future payments, but for a period of no more than three years.

1. In what cases is it necessary to compensate for damage to life or health?

You must compensate for damages in cases provided by law. In particular, if it is caused by: 1) an employee in the performance of his duties under an employment contract, as well as under a civil law contract, if he acted or should have acted on your instructions and under your control over the safe conduct of work (clause 1 of Article 1068 Civil Code of the Russian Federation); 2) a source of increased danger that you own by right of ownership, lease or other legal basis (clause 1 of Article 1079 of the Civil Code of the Russian Federation); 3) due to a lack of goods, work, services or unreliable or insufficient information about them. The consumer may demand compensation from the seller, manufacturer or performer regardless of their fault and whether he has a contractual relationship with them, provided that there are no grounds for exemption from liability (Articles 1095, 1096, 1098 of the Civil Code of the Russian Federation, paragraph 1 - Article 3, Article 14 of the Law on Protection of Consumer Rights). In addition, in some cases, the victim also has the right to demand compensation for moral damage (Article 151, paragraph 1 of Article 1099 of the Civil Code of the Russian Federation, Article 15 of the Law on the Protection of Consumer Rights).

2. How to compensate for harm to life or health There are two ways to compensate for harm - in kind or to cover the losses caused. The court determines the required method depending on the circumstances of a particular case (Article 1082 of the Civil Code of the Russian Federation). It is impossible to compensate for the damage to life in kind. Therefore, in this case, damage from the death of the breadwinner (if there are persons who have the right to such compensation) and funeral expenses are compensated (clause 1 of Article 1088, Article 1094 of the Civil Code of the Russian Federation). It is theoretically possible to compensate for damage to health in kind; there are no prohibitions on this in the law. But it can be assumed that the causer of harm (either an organization or an individual) is unlikely to be obliged to treat the victim. Therefore, in case of harm to life and health, there is actually only one way that works - to compensate for the harm with money. In this case, the victim’s lost earnings are subject to compensation, as well as additional expenses incurred by him for help and care, which he needs and does not have the right to receive for free (clause 1 of Article 1085 of the Civil Code of the Russian Federation). Please note: if the victim has a debt to you, this will not help you get rid of payments to compensate for damage to life or health. Offset in this case is impossible (Article 411 of the Civil Code of the Russian Federation). 3. In what order is compensation for harm to life or health ? The responsible person can compensate for the harm voluntarily or he can be forced to compensate through the court. As a general rule, compensation for damage caused by decreased working capacity or death of the victim must be made in monthly payments. For good reasons, the court, taking into account the capabilities of the tortfeasor, may, at the request of the victim, award him payments in a lump sum, but not more than for three years. For example, if the victim has a difficult financial situation, dependent children and he needs to cover the necessary expenses (clause 1 of article 1092 of the Civil Code of the Russian Federation, clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 26, 2010 N 1). The court may also order payment towards future additional expenses incurred by the victim. They are reimbursed within the terms determined on the basis of the medical examination report. Advance payment for necessary services and property is possible if it turns out that the victim does not have money to purchase them (clause 1 of Article 1085, clause 2 of Article 1092 of the Civil Code of the Russian Federation, paragraph 2 of clause 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 26. 2010 N 1). If you do not pay on time, you may be charged interest under paragraph 1 of Art. 395 of the Civil Code of the Russian Federation (paragraph 3, paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of January 26, 2010 No. 1). Necessary funeral expenses are paid to the person who incurred them (Clause 1, Article 1094 of the Civil Code of the Russian Federation).

3.1. How to pay if a legal entity is reorganized or liquidated In the event of a reorganization of a legal entity that is obliged to make payments, the successor must continue to pay (Clause 1 of Article 1093 of the Civil Code of the Russian Federation). When a legal entity is liquidated, payments must be capitalized to be paid to the victim according to the rules established by law. For example, in the event of bankruptcy of an organization, the amount of claims of citizens to whom the debtor is liable for causing harm to life or health is determined by capitalizing time-based payments until the citizen reaches 70 years of age, but not less than 10 years (clause 2 of article 1093 of the Civil Code of the Russian Federation, p. 1 Article 135 of the Bankruptcy Law, paragraph 1 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 30, 2006 N 57).

The article material is taken from open sources

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What documents will be needed

A whole set of documents will be required as an appendix to a claim for damages, since each party is obliged to prove its position in court (Article 132 of the Code of Civil Procedure of the Russian Federation):

• documents confirming what happened, the guilt of the causer of the damage, the direct connection between his actions and the damage caused (documents of the competent authorities: resolutions, conclusions, acts, etc.);
• a conclusion on the degree of disability, the diagnosis, existing injuries, other medical documents on the harm caused and the necessary treatment (medical and outpatient records, extracts from them, etc.);
• documents confirming expenses (checks, receipts, etc.), calculation of lost earnings, which is calculated as the difference between average earnings and income received during the treatment period;
• certificate of sending documents to the defendant (which he does not have).

Claimants in cases of compensation for damage are exempt from paying state fees.