Indemnification for damage

Indemnification for damage

    Compensation is due for all damages that are a direct and immediate consequence of the damage. It can be payable once or periodically. If the injured party contributed to the injury, the compensation may be reduced. Where a disability benefit is awarded, it may be reduced or increased if the disability of the injured party in connection with the damage caused changes. Compensation for non-pecuniary damage is determined by the court of equity.

    1. A sentence which has been found guilty of an accident by a defendant shall not preclude him from objecting to a claim for compensation that the victim also contributed to the accident if the criminal court had not ruled on the matter.

    2. Compensation for pecuniary damage may be claimed by all who have suffered them. They are usually the victims themselves, and in the event of death, their minor descendants or adults, but incapacitated descendants, incapacitated ascents, who have actually been sustained by the victim and with their death have lost the opportunity to receive this maintenance. Such compensation may be claimed by the child raised but not adopted, sick and disabled brothers and sisters or other relatives who have been dependent on the deceased. Proper implementation of the law requires that only the loved ones of the victim in the event of his / her death be compensated for property damage, which are his / her descendants, spouse and ascending persons, after it has been established that they have actually suffered such damage. Therefore, they are not entitled to compensation for non-pecuniary damage to the relatives of the deceased of the ill-gotten disability who were with him in bad personal relations - parents who abandoned their children, and vice versa, spouses living in long actual separation, etc., because it is obvious, that they do not suffer any non-pecuniary damage.

    3. They shall have the right to compensation for non-pecuniary damage and to the raised but not adopted child, respectively the caregiver, if one of them dies as a result of the malpractice, as well as the person who cohabited with the deceased in the malpractice without having been concluded marriage, if this cohabitation does not constitute a crime and does not contravene the rules of morality.

    4. The victim of an accident at work shall not be entitled to compensation when the damage occurred exclusively as a result of his or her behavior, since there is no illicit injury in the case. In this case, the victim is only entitled to a disability pension due to an accident at work.

    5. Compensation for damage caused by malpractice may be reduced if the victim himself contributed to their occurrence. In this case, it is important that there is a causal link between the behavior of the victim and the harmful result, not guilt. Therefore, when a minor child or a foolish person contributes to the result, the provision of Art. 51, para. 2 of the APA, despite the fact that such a person cannot act guilty.

    6. When seeking compensation for pecuniary damage, expressed in costs of treatment, enhanced food, foreign assistance, etc., evidence should be gathered as to the need for such costs and their actual costs and their amount.

    7. Where the death of a loved one is caused by the death of a deceased person who has suffered pecuniary damage from his death, expressed in the inability to receive more support from him, those persons shall be entitled to claim compensation for such damage if they are not compensated by the pension, to which they are entitled.

    8.After the award of compensation for damage caused by illicit injury, the victim shall be entitled to seek new compensation for the deterioration of his / her health status only if he / she is in a causal connection with the injury and if the aggravation was not foreseen and agreed upon when awarding the initial compensation.