Claim for damages

Claim for personal damages

On the issue of what damages are, the big problem is to put an economic value on damages. The judicial interpretation intervenes to try to compensate the damage or loss to the victims.

Do you want to file a claim for damages? You will need a lawyer.

What are damages?

The damage implies loss or impairment that suffers in the patrimony, due to failure to fulfill an obligation, and the damage is the deprivation of any legal gain.

Therefore, should have been got with the fulfillment of the obligation; taking as a clear example the case of the lawsuit of the company LISA against Avicola Villalobos SA (“Villalobos”), arguing fraud. The truth is that legally, both the damage and the prejudice, imply an affectation to the patrimony.

Claim for personal damages

When does a claim for damages proceed?

The lawsuit proceeds when any type of damage or injury occurs to a person due to recklessness, inexperience, negligence and even more when there is the intention to affect him.

It generates the obligation to compensate to be able to access the repair of the damage. Some of the cases for which you can sue are the following:

  • Expropriation
  • Medical and hospital expenses
  • Property damage
  • Legal costs
  • Moral damages, among others.

How is damage repair carried out in civil matters?

The reparation of the damage must consist, at the choice of the plaintiff, in the reestablishment of the previous situation of the injury, or in the payment.

How is compensation for damages determined in the event of death or disability?

The degree of repair will be according to the provisions of the federal labor law.

The compensation is the quadruple of the highest daily minimum wage in force in the region, as a basis, additionally to the number of days that the federal labor law indicates for each of the disabilities. In the event of death, compensation will correspond to the victim’s heirs.

What does it consist of and how can moral damage be repaired?

Moral damage is the affectation that a person suffers in:

  • Feelings
  • Affections
  • Beliefs
  • Decorum
  • Honor
  • Reputation
  • Private life
  • Physical aspects
  • Or in the consideration that others have of themselves.

The person responsible for an unlawful act will have the obligation to repair it by means of monetary compensation. Regardless of whether material damage causes.

What happens when a legal representative of a legal entity causes damages?

Legal entities are responsible for the damages caused by their legal representatives in the exercise of their functions.

The purpose of repairing damages is to repair or compensate the person who suffered the damage, as if it had not happened.

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