Many factors in our lives exist that can give rise to accidents with damages of corporal character and in the property. From a collision of traffic to an injury caused in the work place, happening through events like falls or impact of objects in the head; the risk of supporting this type of damages is very ample and diverse. It is for that reason that, with general character, the Legal Orderings of the different countries admit the call Principle of Civil Responsibility. This one same one determines that when a person causes a damage on another one, in its patrimony or its health, from guilty or negligent form, the obligation arises for the same to repair this caused damage. One is a legal Principle widely extended in our Society. Nevertheless, the claim sometimes is not so simple, finishing in most of the cases this type of litigations before the Courts.
General aspects in this type of claims by damages If you underwent some type of damage, personnel or material, are precise that you consider in the first place if you could have some type of responsibility in the happened thing, beyond the fact that another person could have seen, of equal way, surrounded in the happened thing. In such case one would have taken place concurrence of faults that could have as result a lessening of the responsibility of the other part. In other words, in this assumption the economic compensation that it would correspond to you would be smaller, based on the circumstances that had occurred. On the other hand, you will have to consider that in this type of cases the Courts always handle a series of requirements that must occur to grant compensations by damages: – First of all, you will have to be able to credit to the injuries or damages on your person or your goods. If simply you had slipped in a Supermarket to be the wet ground but your damages would have been of slight character, it could not be considered that a recoverable damage was caused to you. – On the other hand, some type of seriously imprudent or negligent action on the part of the other had to concur person against whom you interpose your claim. For example, to have circulated surpassing the speed limits. – Finally, it had indeed to be that guilty or negligent action other people’s the one that caused the damages to you.
In legal terms one settles down that a relation of causality or a causal nexus between that action (or omission) had to exist and your suffered damages. Verified these three arguments, it would only reduce the Court to determine the compensation that would correspond to you, based on the allegations that you realised on the damages that you could suffer (and, as before we commented, in your possible implication in the happened thing). Certain damages exist, like could be the death of a loved being, that they are very hardly compensable. Nevertheless, an economic indemnification always will serve like palliative in these situations.